Cond. Use Permit-Stobbe Dev. Co.•
March 22, 1988
Planning Report: CUP88 -5
CONDITIONAL USE PERMIT - STOBBE DEVELOPMENT COMPANY
Proposed Action.
The staff recommends the following motion: "That the Conditional Use
Permit for removing more than 400 cubic yards of soil is approved by
resolution with conditions."
Approval of this motion will allow the applicant to dig the basement
of the proposed 63 unit apartment building.
Overview.
Erwin Stobbe, the applicant, is proposing to construct a 63 unit
apartment building on the subject site Mr. Stobbe's Conditional Use
Permit to build these apartments has been continued to await the
outcome of the EAW. Mr, Stobbe has another development in another
city and needs fill for that site He wants to dig the basement for
the apartments and use the dirt from the Hopkins site for fill at the
other development
Issues to Consider.
Will the excavation affect the surrounding property?
o What is the effect on the site if the apartments are never
constructed?
Supporting Information.
o Location Map
o Site plan
o Background
o Alternatives
1111 CUP88 -5
Page 2
Background.
Ordinance 520.17 states land reclamation and mining is permitted in
all zoning districts by Conditional Use Permit. Mining is defined as
the extraction and removal of material from land in an amount more
than 400 cubic yards.
The applicant will be removing more than 400 cubic yards of soil.
Analysis.
One concern of the staff is the effect of digging the basement on the
surrounding property. The Building Inspector and Director of
Engineering have reviewed the plans and determined that the basement
will be dug properly to assure that there is no erosion.
The second and main concern to the staff is what would happen if the
apartments were not built and the basement was dug. If this were to
happen, the City feels some assurances are needed that the land will
not remain with a large excavated area.
• The staff is hesitant to recommend approval to excavate for the
basement if the apartments are not started until sometime in the
future. We have no guarantee that if the basement is dug that
apartments will ever be constructed. Many things can go wrong to
prevent construction and the City would end up with a site with a big
hole.
The site abutts a residential area. Nothing will prevent children
from playing on the site and possibly falling in the excavated area.
This site would provide a hazardous playing area for children.
The EAW is in the process now and we have every indication that it
will come back favorable. The staff would like to see no excavation
start until the Conditional Use Permit is granted for the apartment
building and applicant be required to supply a $10,000 Performance
Bond. This would insure the City that the site would not remain
excavated for a long period of time and there would be funds to level
and plant the site.
Alternatives.
1. Approve the Conditional Use Permit to excavate more than
400 cubic yards of soil. This alternative will allow the
applicant to dig the basement of the apartment building.
2. Deny the Conditional Use Permit to excavate more than 400
cubic yards of soil. This alternative will make the
applicant wait to remove soil until the construction
starts for the apartments.
4110 CUP88 -5'
Page 3
3. Approve the Conditional Use Permit to excavate once the
Conditional Use Permit to construct the apartments is
approved and post a $10,000 Performance Bond. This
alternative will allow the applicant to start excavating
once the Conditional Use Permit is granted.
4. Continue for further information. If the Commission
feels more information is needed, the item should be
continued for a month.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: R88 -21
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR CONDITIONAL USE PERMIT CUP88 -5
WHEREAS, the procedural history of the application
is as follows:
1. That an application for Conditional Use Permit
CUP88 -5 was filed with the City of Hopkins on
- March 4, 1988.
2. That the Hopkins Planning Commission reviewed
such application on March 29, 1988.
3. That the Hopkins Planning Commission, pursuant
to published and mailed notices held a public
hearing on March 29, 1988; 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 CUP88 -5:
1. That the removal of the soil will cause a
hazardous area.
2. That granting of the Conditional Use Permit
does not guarantee that the apartments will
ever be constructed.
BE IT FURTHER RESOLVED, that application for
Conditional Use Permit CUP88 -5 is hereby approved subject to
the following Conditions:
1. The applicant can start excavating when the
Conditional Use Permit to construct the
apartments is granted.
2. That a $10,000 Performance Bond is supplied
prior to any excavation.
Adopted this 5th day of April, 1988.
Donald J. Milbert, Mayor