Cond. Use Permit-708 12th Ave. S.PLANNING COMMISSION
REPORT NO: CUP87 -28
CONDITIONAL USE PERMIT PAUL STEINER
708 - 12th Avenue South
is an appropriate
PROPOSED ACTION: Staff recommends adoption of the following
motion: The request by Paul Steiner to construct a mini
storage development is approved.
Adoption of this motion will
a mini - storage - development
OVERVIEW: Mr.. Steiner is proposing to construct a mini.
storage development. Mr. Steiner has requested his variance
be withdrawn because of the purchase - of additional property.
Name of Applicant: Paul Steiner
Address of Property: 708 - 12th
Present Zoning: B -3
Proposed Zoning: I -1.
Present Comprehensive Plan: R-2
Proposed Comprehensive Plan: I -.1
Reason for Request: To construct
'development
Nature of Request: Ordinance requires a
Conditional _Use Permit for construction over
$75,000 and for a P.U.D.
ISSUES TO CONSIDER:
o Whether a min - storage development
use for this site?
SUPPORTING' INFORMATION:
o Detailed background
o Analysis - Alternatives /Effects
o Site Plan
o Area Map
Nancy_. Anderson
Commun ty Development
Analyst
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CUP87 -28
Page 2
DETAILED BACKGROUND: The proposed mini - storage will be
located just west of the gas station /convenience store
presently under construction on 7th Street South. Other
uses surrounding the proposed buildings are: a vacant parcel
to the south and west and industrial uses to the north.
The mini - storage will consist of 6 buildings of various
sizes. The individual units will also vary in size.
A caretaker will live on site. The gate is computerized and
open for approximately 12 hours a day. The office area is
open for only 8 hours a day Monday thru Friday. Caretakers
are allowed in Industrial districts.
The buildings will be constructed of block, divided by steel
partitions. The block will be painted brown.
The units themselves have no heat or electricity. This will
prevent people from living or running a business from them.
There will be lights on the south side attached to the
buildings.
There will not be an area for garbage. All renters are
charged a deposit for clean -up. If the rented units are not
cleaned the deposit is not returned.
Curb and gutter will be installed along 7th Street. The
applicant is agreeable to the installation of sidewalk along
7th Street at such time as the City might determine it is
appropriate. Access to the site will be from 7th Street.
The Director of Engineering has reviewed the access and
drainage and found it acceptable.
The Fire Marshal has reviewed the proposed plan and noted
the following:
- the buildings have to be sprinkled
- another hydrant should be located on the southwest
corner
The applicant is planning to start construction as soon as
possible.
There will be a parking area for the office use. This area
consists of 4 spaces. There is parking throughout the site
in front of the storage units for renters. A renter would
drive to a unit and park at the unit while on the site. This
parking plan as proposed appears to be workable based upon
similar operations in other cities. For the most part this
is not a parking intense use.
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CUP87 -28
Page 3
All activity on the site will be on the interior. The
garage doors will all face the inside. The outside
appearance will be a brown concrete block wall. Two of the
interior buildings will be connected with a roof. This will
create a tunnel between the two buildings. A car will be
able to drive through this tunnel.
All storage buildings will be 10'8" in height. The
caretakers apartment will be approximately 17 feet high.
The following are the I -1 setback requirements and proposed
setback requirements:
I -1 Proposed
Front Yard 20 20
Side Yard (W) 20 20
(E) 20 20
Rear Yard 20 Approx 115'
FAR 60% 46%
The applicant is proposing a fence on the west side of the
property. This fence will provide security within the site
from this side.
ANALYSIS: The applicant has complied with all the
requirements for an I -1 district.
The staff feels the use of mini - storage on this site is
compatible with the surrounding uses; however we would like
the applicant to use a more decorative exterior treatment
(i.e. brick) on the northerly outside wall. The Commission
required new construction to the east to build with brick.
This will be a good start in upgrading the south industrial
area.
The staff feels this use is a good use for the site and
area. The applicant has done a nice job in designing the
building so that all activity is on the interior. The
landscaping will present a nice appearance from 7th Street.
This use should have less of an impact on the Westbrooke
Patio Homes than almost any other type of use. The only
thing a Westbrooke residence will see is a 10 foot high
block wall. Basically, the operation should generate little
if any noise.
The applicant has met with the Westbrooke Association. The
President of the Westbrooke Association has stated that they
are in favor of the use but not the rezoning.
CUP87 -28
Page 4
ALTERNATIVES:
1. Approve the Conditional Use Permit without
rezoning. The applicant will have to request a
zoning amendment to allow a mini storage in a B -3
District.
2. Approve the Conditional Use Permit with the zoning
change. This will allow the applicant to
construct the buildings as requested.
3. Deny the Conditional Use Permit. If this
alternative is chosen, the Commission will have
formulate Findings of Fact for denial.
FINDINGS OF FACT: The following are suggested Findings of
Fact and Conditions should the commission recommend
approval:
1. That the proposed mini - storage meets the
requirements for a Conditional Use Permit
. That the proposed mini - storage meets the
requirements for an I -1 district.
Conditions:
1. That the subject site is rezoned from B -3 to I -1.
2. That the requirements of the Fire Marshal are met.
3. That the northerly wall has an exterior of brick.
4. That the two parcels are to be combined.
5. That the Metro Council approve the change in the
Comprehensive Plan.
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4111November 23, 1987
Memorandum
- TO: Craig Rapp, City Manager
FROM: Hugh Strawn, Fire Chief'
RE: Automatic Sprinkler Protection Requirements
Thank you for notifying me of the December 1, 1987, request by Mr.
Paul Steiner to appear before the City Council and seek relief from
the ordinance requiring automatic sprinkler protection in his proposed
mini- storage facility. I will be unable to attend the meeting.
Therefore, I am outlining my position in this memorandum.
BACKGROUND
The City of Hopkins has enforced this requirement on all new construc-
tion, with the exception of single family and duplexes, in all areas
of the city that were "across the tracks" from the fire station since
1975. The justification accepted by the State of Minnesota for per-
mitting a local jurisdiction to exceed the State Building. Code
III requirements is that local conditions have a direct impact on fire
protection response demands.
Access across the railroad tracks can be restricted for emergency
vehicles if a train has the crossings blocked. This has happened on
occasion with slow moving freight trains.
We can detour around the blocked crossings. Actual timed runs made in
the mid -1970s showed 12- minutes was added to the fire apparatus
response time if we detoured to Shady Oak Road and 14- minutes if we
detoured to County Road 18, exiting at 7th Street South. These times
were deemed then...and are still, in my opinion...unacceptable.
CURRENT ISSUE
The request for relief from the ordinance focuses on the cost of
installing an automatic sprinkler system in a mini - storage building.
The cost per- square -foot seems to compare with other installations. I
don't have any way of knowing if this cost will make a mini- storage
facility unprofitable. That could well be an important consideration
for the developer.
Memorandum
November 23, 1987
FIRE EXPERIENCE
One other mini - storage facility exists in Hopkins at 710 Mainstreet.
Approximately ten years ago, the fire department was dispatched to an
unusual odor and a liquid seeping from the facility. The odor was
quite caustic and the liquid turned out to be hydrochloric acid which
was leaking from packages stored in the garage. We had to evacuate
the residence at 710 1/2 Mainstreet and clean up the chemical spill.
In the current regulatory climate with the Superfund Reauthorization
Amendment Act (SARA), this would be classified as a hazardous materi-
als incident. Lt would be recognized today as a significant public
safety event.
During approximately the same year we responded to a storage garage
fire at Town Terrace Apartments. During the firefighting operations a
tremendous explosion occurred from stored materials used to build
fireworks.
I investigated both incidents as Fire Marshal. In each case the own -
.rs of the property had the renters sign contracts saying they would
of store hazardous materials or engage in any activity that violated
:he law. They used the documents to evict the parties after the inci-
dents. From our public safety perspective the documents were not
effective in preventing or mitigating the events.
RISK MANAGEMENT
A clear policy has been adopted by the City of Hopkins requiring
structures to be protected with automatic sprinkler systems within
clearly defined locations in the city. A number of builders, includ-
ing Mr. Steiner, have complied with this ordinance. Large structures,
such as Mr. Steiner's warehouse office project, have complied...as
have smaller projects, such as the Arby's restaurant on Blake Road.
Staff has exempted certain small projects from the requirements. The
two projects that come to mind are the Fastbank at Blake and Excelsior
and the Knox Answer Booth at Knox Lumber. It made no sense to staff
to require such protection in facilities of that nature. Defending
our decision in a civil case, should one arise, would be relatively
easy in those two incidents.
A larger and more complex facility, such as the mini - storage complex,
Illi resent unknown and uncontrolled fire conditions for the fire depart -
ent to manage.
S Page 3
Memorandum
November 23, 1987
If the City Council should grant an exemption to this facility, it
will create a potential liability for damages that may arise if a fire
were to occur in the facility. Without an automatic sprinkler system
the fire would have to be manually suppressed, which will increase the
fire loss costs. Damage beyond the storage unit of origin would be
very likely. Any competent plaintiff's attorney should be able to
effectively use that against the City of Hopkins, because we didn't
enforce our own ordinance.
An exemption to this ordinance will break our carefully created pro-
gram of uniform .code enforcement, applied to all without exception.
I recently encountered a structure that had been exempted from the
building code. Sprinklers had been ordered into a basement at an
apartment building located at Harrison Avenue South and Excelsior
Avenue East. The City Council exempted the facility, overturning the
orders written by Building Inspector Clint Blomquist. Two living
units were subsequently built in the basement. Neither conformed with
the building code then...nor do they conform with the fire code today.
I responded to a fire call in the middle of the night at this address.
I was astounded to find these substandard and very dangerous living
quarters being used in our city. The fire was food on the stove and
had been controlled by the neighboring tenant. I directed the Fire
Marshal to immediately issue orders to bring these quarters into com-
pliance with the Uniform Fire Code.
Please ponder for a moment what we would be going through at this time
if those tenants had been trapped because of no smoke detectors, no
sprinklers and improper exits. Imagine the City Council exemption had
been discovered by the plaintiff's attorney. The City would likely
have no defense.
RECOMMENDATION
I strongly recommend the City Council listen carefully to Mr.
Steiner's arguments and closely question Fire Marshal Magdal, who will
be representing the fire department. I also strongly recommend they
take into careful consideration the issues I have raised in this memo,
keeping in mind the serious community -wide fire protection issue that
is at stake here.
If you have further questions, please call my office 926-0699 or my
residence 933 -3678. I'll be happy to discuss the issue with you.
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5. BATH
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5. BATH
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RESOLUTION NO: 88 -3
CITY OF. HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR CONDITIONAL USE PERMIT CUP87 -28
WHEREAS, an application for a Conditional Use
Permit CUP87 -28 has been made by Paul Steiner, to construct
a mini - storage development at 708 - 12th Avenue South.
WHEREAS, the procedural history of the application
is as follows:
1. That an application for Conditional Use Permit
CUP87 -28 was filed with the City of Hopkins on
October 29, 1987.
2. That the Hopkins Planning Commission reviewed
such application on November 24, 1987.
3. That the Hopkins Planning Commission, pursuant
to published and mailed notices, held a public
hearing on November 24, 1987, continued to
December 29, 1987; all persons present at the
hearing were given an opportunity to be heard.
4. That the written comments and analysis of the
City Staff and the Planning Commission were
considered.
NOW THEREFORE BE IT RESOLVED, that the Hopkins
City Council makes the following Findings of Fact in respect
to CUP87 -28:
1. That the proposed mini - storage development meets
the requirements for a Conditional Use Permit.
2. That the proposed mini - storage development meets
the requirements for an I -1 district.
BE IT FURTHER RESOLVED, that application for
Conditional Use Permit CUP87 -28 is hereby approved subject
to the following Conditions:
1. That the subject site is rezoned from B -3 to
8 I -1.
2 That the requirements of the Fire Marshal are
met.
3. That the northerly wall has an exterior of
M k the n tj� o arc.ls are to be combined-
the C omprenenssive °Flan 1 approve tne c ang in
Adopted this 2nd day of February, 1988.
Donald Milbert, Mayor