Cond. Use Permit-11118 Minnetonka Blvd.June 20, 1988
Planning Report: CUP88 -10
CONDITIONAL USE PERMIT SHEEHAN
11118 Minnetonka Boulevard
Proposed Action.
Staff recommends the following motion: Move that the request by Kelly
& Pamela Sheehan for a Conditional Use Permit to have a residential
dwelling in a B -1 District is approved.
This motion will allow the applicants to live in the property at 11118
Minnetonka Boulevard if the property is rezoned to B -1.
Overview.
The applicants have also applied to rezone the subject property from
R -1 -E to B -1. The applicants are planning on putting a chiropractic
clinic in the home. A Conditional Use Permit is required to live in
any B district.
Issues, to Consider:
- What is the impact on the surrounding area if the applicants live
in a B -1 District?
Supporting Documents.
- Location Map
- Background
- Resolution
Nancy Anderson
Communi y Development
Analyst
Detailed Background.
The Zoning Ordinance allows dwelling units in business districts
provided they have the following:
1. the dwelling unit does not occupy the first floor
2. all dwellings must have an entrance leading directly to a
public street
3. the density allowed shall be R -3
The applicants will be using the garage and part of the basement for
the clinic. The living area will be above the clinic.
Analysis.
CUP88 -10
Page 2
- What is the impact on the surrounding area if the applicants live
in a B -1 district?
The approval of this Conditional Use Permit is based on the assumption
that the rezoning is approved. However, the staff has recommended
that the rezoning of this site be denied. Living in the home if it is
rezoned should not present a problem to the surrounding area since it
is already a home. The problem may occur with the business on the
site because if this site is rezoned there is no guarantee the site
will remain as is.
Alternatives.
1. Approve the Conditional Use Permit to live in a B -1
district. By granting the Conditional Use Permit the
applicants would be able to live at the subject property
providing it is rezoned.
2. Deny the Conditional Use Permit to live in a B -1
district. By denying the Conditional Use Permit the
applicants can have a clinic but would not be able to
live at the subject site
3. Continue for further information. If the Commission
feels that more information is needed, the item should be
continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 88 -59
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR CONDITIONAL USE PERMIT CUP88 -10
WHEREAS, an application for a Conditional Use
Permit entitled CUP88 -10 to allow a residential dwelling in
a B -1 District at 11118 Minnetonka Boulevard is approved.
WHEREAS, the procedural history of the application
is as follows:
1. That an application for Conditional Use Permit
CUP88 -10 was filed with the City of Hopkins on
May 25, 1988.
2. That the Hopkins Planning Commission reviewed
such application on June 28, 1988.
3. That the Hopkins Planning Commission, pursuant
to published and mailed notices, held a public
hearing on June 28, 1988.
4. That the written comments and analysis of the
City staff and the Planning Commission were
considered.
NOW THEREFORE BE IT RESOLVED, that the City
Council makes the following Findings of Fact in respect to
CUP88 -10
1. That the applicant meets the conditions to live
in a Business District.
2. That living in a B -1 District will not affect
the surrounding residential area.
BE IT FURTHER RESOLVED, that application for
Conditional Use Permit CUP88 -10 is hereby approved subject
to the following Condition:
1. That the subject parcel is zoned B -1.
Donald J. Milbert, Mayor