Loading...
Rezoning-LeadensProposed Action. Staff recommends approval of the following motion: Move that 1202 East Excelsior Avenue and the north 13 feet of 7 Blake Road south is rezoned to B -1. REZONING - LEADENS 7 Blake Road South Planning Report: ZN88 -5 This motion will make the existing building conforming while the uses on the site Overview. The applicant owns 1202 East Excelsior Avenue, the site of Leaders Investigations, 7 Blake Road South, an empty lot, and 11 Blake Road South, a single family home. The existing dividing line between B-3 and R - -C is 74 feet from Excelsior Boulevard. This zoning line runs through the applicants building. The existing building and use are legal non - conforming. Before the applicant knew where this line existed, he requested the rezoning of the north half of 7 Blake Road to B -3. When the placement of the zoning line was discovered, the staff worked with the . applicant to change his request and to come up with a solution that both the neighborhood and he would be content with The 'applicant is requesting a rezoning of 1202 East Excelsior Avenue and the northerly 13 feet of ' Blake Road South from B- 3 /R -1 -C to B -1. The applicant has also requested a waiver of the plat to divide 7 Blake Road South. Issues to Consider. o Has there been any changes in the area since the 1970 court decision? o Does the applicant have any other options? Supporting Documents. o Location map o Background o Site plan o Resolution t Nancy Anderson Community Development Analyst Detailed Background. The applicant is proposing to construct a 1400 -1600 sq. ft. addition to the south of the existing building. The applicant needs a rezoning to construct this addition since the area that the addition is to be constructed on is zoned R -1 -C. The site plan also shows a wood fence along the lot lines to provide privacy between the homes and his business. Some wooden privacy fencing already exists. The addition will not need approval from the Zoning and Planning Commission or City Council since the cost is under $150,000. If the waiver of the plat is also granted, the applicant is proposing to construct a new single family home on the combined site of 7 and 11 Blake Road South. Issues to Consider. 4111 Has there been any changes in the area since the 1970 decision? T here have been small changes in the area since the 1 g 1970 decision. The biggest change is the use of the building at 1202 Excelsior from a gas station to an office use. Also Westside Village has been constructed to the north of the subject property. The City has never disputed that this corner should not be commercial. The problem in the past was how much of the corner should be commercial. Since Mobile Oil was allowed to construct a gas station on the corner, the dispute on where the zoning line was settled by the Minnesota Supreme Court in 1970. Now the applicant has a non- conforming building and use and also an unbuildable residential lot. The best solution, in the staffs opinion, is to rezone the applicants property B -1 and the northerly 13 feet of 7 Blake Road. This would make the applicants property a conforming use. The B -1 zoning is a limited business district which is more compatible to a residential district. Enclosed is a listing of the B -1 uses. The staff is recommending that the south 35 feet of 7 Blake Road South is combined with 11 Blake Road South to create a conforming R -1 -C lot. The staff feels that both Mr. Leaden and the neighborhood would benefit from this solution. Mr. Leaden would have a conforming building and use The neighborhood would have a new conforming lot, new home and uses on the corner that are more compatible with a residential neighborhood. ZN:88 -5 Page 2 ZN88 -5 Page 3 - Does the applicant have any other options? If 1202 Excelsior Avenue is not rezoned, the applicant cannot construct an addition or really do anything with 1202 Excelsior. Because the zoning line runs through the applicants building, the use and building are legal non - conforming. This means that if the building were destroyed 50% or more, the applicant could only rebuild the building on the B -3 area. 7 Blake Road is a small empty lot. A home cannot be constructed on this lot because it is too small. 7 Blake Road would have to be combined with another lot to provide the necessary area for construction of a home. Alternatives. 1. Deny the request. This alternative would leave the property as is with the residential /commercial zoning line 74 feet from Excelsior Avenue. 2. Rezone 1202 Excelsior Avenue and the north 13 feet of 7 Blake Road to B -1. This would make the applicants use on the property conforming and would leave a conforming R -1- C lot. Any B -1 use could be used. on this site. 3. Continue for further information. If the Commission feels that additional information is needed, the item should be continued. (33) E (34) 112 (11) 1230- 6 7 (3) 9 (4) 30 (13) 29 2.3 (10) 22 ■ (8) 19 co 18 (7) 17 16 _ 2114) (6) (40) (40 29 30 2 (25) 12 (30) 14 (31) 15 (33)19 c0 18 (32)17 v- 16 /009 1 1 1 1 1 (35) 1 / q/s 1 /025 6 151 � 1 1 I to 1 p2l 30 7 ton ( (16) (17) (18) 4 5 /30/ /3// /d /9 /325 PRESTON /3/0 /3/8 /326 /402 /4/0 22 21 20 19 18 17 (33) (32) GOODR /CH 1401 1500 ` /513 (19) (20) 6 7 (409 ST. 711 /4/7 (21) 1 8 /425 14 15 • NATIONAL & INTERNATIONAL' AFFILIATIONS LEADENS INVESTIGATIONS & SECURITY, INC. 1202 EXCELSIOR AVENUE EAST HOPKINS, MN 55343 933.2656 WILLIAM LEADENS: PRESIDENT PRIVATE INVESTIGATOR LICENSED, BONDED AND INSURED The intention of the Owner, Bill Lcadens, is to divide the central 48 foot lot in half and increase by 24 feet the size of the north lot which horses Lcadens Investigations and Securities, Inc., and add a 1,6(X) square foot office addition to the current office building. The south half of the central lot would be combined with the south lot to increase it to a 69 foot lot. In the near future the existing house and garage would be demolished and a new single family house and garage would he built on the site. Therefore, this application requests a rezoning of the north half of the central lot from R -1 -C to B -3 to accommodate the office addition. Also, the application requests a waiver of plat to redefine the lots from the current three smaller lots 10 two larger lots by equally dividing the central lot into additions to the current north and south lots. CoR L�G1 uwwwwwwwwwwil 1111 THEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A DULY REGISTERED LAND RV YOR, UND R T of TH STATE OF MINNESOTA. MINNESOTA REGISTRATION NO. \ (Q 13 .. . b c3 . w • A. L K. CCL `T • r s L C-G. _ 12- 1 • "?..,(...1-L> FOR \A ill ,h,.. t ,. AL DC GR\�'S'to S S IC C—. v 6111"1".."24 p. P \�ao �/ � v M �C,�' 3 � X0 ,239 l AVM. 5��• \ C CERTIFICATE OF SURVEY KO: LArtc: o 1.k0. 23 0∎? C� `sT KURTH SURVEYING INC. 4002 JEFFERSON STREET N.E. COLUMBIA HEIGHTS MINNESOTA 55421 DATE 2 -2-18a $I2- 799.9769 OHO w �Q S; .'4r \ c ._—_-- &2v • I f 'L SCALE 1 "• _--- L 0•IRON MONUMENT (v tD -► � • t. %RN b OlON.Wi I&1 C u SC t N '4v14 Nikt. fZfw oUrcF.j..>`T C ig) a -. R. C: O b COR\STI,NG C• .moo •• � "a"k"C" `tDLrx. CC a. cvWB Q..". Var.vcNarr:abY Sa • E X I S T I N G LEGAL DESCRIPTION (COMBINED) The west 133.00 feet of the south 93.26 feet of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Minnesota. Together with: That part of said Lot 77, described as follows: Beginning at the Northwest corner of said Lot 77; thence South along the West line thereof to a point, 93.26 feet north from the Southwest corner thereof; thence east, parallel with the South line, 133.00 feet; thence north, parallel with the West line, 54.74 feet; thence east, parallel with the South line, 33.00 feet; thence north, parallel with the West line, to the north line of said Lot 77; thence westerly to the point of beginning. Excepting therefrom that part taken for Hennepin County Road 20. PROPOSED DESCRIPTION - TRACT A The south /'0,Q feet of the west 133.00 feet of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Minnesota, lying easterly of Hennepin County Road No. 20. PROPOSED DESCRIPTION - TRACT B That part of the westerly 133.00 feet of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Minnesota, lying northerly of the south SO.O feet, easterly of Hennepin County Road No. 20, and westerly of the following described line: Beginning at the Northwest corner of said Lot 77; thence South along the West line thereof to a point, 93.26 feet north from the Southwest corner thereof; thence east, parallel with the South line, 133.00 feet; thence north, parallel with the West line, 54.74 feet; thence east, parallel with the South line, 33.00 feet; thence north, parallel with the West line, to the north line of. said Lot 77; thence westerly to the point of beginning. PCZOPOS p ©t t ?b - r , / SW 1). \40. 2.3et CC-' ( \AENNf-.P\N Cool -fz•f FN • -Zi - aQ • • Hopkins City Code (Zoning) 535.01 535.01. Business districts. Subdivision 1. Description. The business (B) districts are in three categories designated as B -1, B -2 and B -3. Subd. 2. The permitted uses of any land or structure in a B district are those uses indicated by the mark "X" and shall be further subject to those certain special limitations, requirements and regulations pertaining to those B district uses specially designated by the following marks: (1), (2) and (3). (1) (2) means that a conditional use permit is required; (3) Subd. 3. Capital letters following any "X" mark indicate that the use or uses permitted are subject to and are set forth in the provisions of separate paragraphs contained in subsection 535.03 which corresponds to the capital letter or letters set forth in this subsection. PERMITTED USES 1. Airport 2. Amusement devices subject to permit 3. Appliance store 4. Art shops - pictures 5. Auction - public or private 6. Auto repair 7. Auto accessory and parts 8. Auto sales and /or lease 9. Auto wash subject to permit 10 Armory, auditorium, exhibit hall 11. Bakery 12. Banks, savings and loan 13. Bar - Tavern 14. Beauty or barber shop 15. Boat - marine sales 16. Books - office supplies 17. Bottling plant not in excess of 6,000 sq. ft. means not more than three devices allowed. means that the use is prohibited on the ground floor; 18. Boutiques 19. Bowling - table tennis, pool hall 20. Broadcasting (T.V. - radio) Section 535 - Zoning: business districts X X (3)XBB (3)XBB XBB X X X X (1)X X X (2)XJ X (2)XJ (2)XU X X X X 22. Bus and other transit X 23. Business school (1)X 25. Cabinet - electrical, heating, plumbing, upholstery, air condition- ing provided the operation does not exceed 6,000 sq. ft. B -1 B -2 B -3 (1)X X (2)XA X (2)XB (2)XB X X X (2)XV X X X X X X X X • • • Hopkins City Code (Zoning) 535.01, Subd. 3, 26. 26. Camera - photographic 27. Carpet and floor covering 28. Clinics 29. Clothing store 30. Clubs (private - non profit) 31. Coin and stamp 32. Commercial greenhouse 33. Costume & formal wear rental 34. Cycle shop and snowmobile B -1 B -2 B -3 X X X X X X X (1)XC (2)XC X X (2)XD X X (2)XW X 36. Day nursery (2)XE (2)XE (2)XE 38. Delicatessen X X 39. Department store X 40. Dental : Med. Lab (1) X 42. Drive -ins (non food) (2)XF (2)XF 43. Dry cleaning and laundry (2)XG X 44. Dry cleaning and laundry pickup X X X 46. Employment agency 47. Essential public service & utility X structures 48. Fabric and sewing store (2)XI X 49. Fixit shop (2)XY XY 50. Florist X X 52. Furniture store X 54. Garden and landscape (2)XZ (2)XZ 55. Gifts and novelties (2)XJ X 56. Glassware, china, pottery X 57. Glass and mirror installation 59. Grocery, fruit, vegetable 61. Hardware 62. Health clubs studio 63. Hobby - crafts - instruction 64. Hotel - motel 66. Human care clinics 68. Interiors - decorating studio 70. Jewelry 72. Karate, health club, dance studio (2)XL (1)X XY X X (2)XZ (2)XJ X X X X (2)XK (2)XK X X X • Hopkins City Code (Zoning) 535.01, Subd. 3, 74. B -1 B -2 B -3 74. Leather goods - luggage X 75. Library - public or private X X 76. Liquors X X 78. Locker plan - 6,000 sq. ft. maximum X 79. Locksmith and fixit shop (2)XY (2)XY 80. Lumber and related items X 82. Meats X X 83. Mortuary X X 84. Motor fuel station (2)XM 85. Motors repairing X 86. Music store X X 88. Newsstand X 90. Offices (2)XN X X 91. Open sales lot (2)X0 (2)X0 (2)X0 92. Optical - jewelry mfg. (1)X X 93. Orthopedic - medical supplies X (sales and manufacturing) 95. Paint and wallpaper X 96. Parking ramps and lots X 97. Pawn shop - antiques - used materials X 99. Pharmacy - drug store X 100. Photography - studio X 101. Picture framing - art shop X 102. Pipe - tobacco shop X 104. Post office X 105. Print shop (2)XP 106. Public auction (see auction) 108. Records, TV, radio, sound, phono 109. Religious institutions, etc. 110. Rental service 111. Research labs 112. Residential 113. Restaurant - cafe -tea room 114. Restaurant - drive -in 115. Restaurant - quick order 117. Roller rink - ice arena 119. Shoes - boots store 120. Sporting goods (2)XH (2)XH X X X X X (2)XQ (2)XT (2)XH X (2)XR (2)XS X • Hopkins City Code (Zoning) 535.01, Subd. 3, 121 B -1 B -2 B -3 121. Stationary - card shop X X (2)XJ 122. Stone monument sales X 124. Tailoring X X 125. Taxidermist 126. Taxi terminal X X 128. Theater - non - drive -in X X 129. Tires - battery, accessory & recap X 131. Trade school (1)X X 132. Truck - trailer sales (2)XAA 134. Variety stores X 135. Veterinary clinic 137. Warehouse - 16,000 sq. ft. maximum X AREA AND YARD LIMITATIONS Uses permitted in any B district category subject to the following minimum floor and lot area, lot widths, yard requirements, and building heights, in feet. B -1 B -2 B -3 Lot area - sq. ft. 5,000 - 3,000 Lot width - ft. 50 20 25 Floor area requirement F.A.R. 1.0 6 1.5 Front yard 20 1 1 Front yard - P.U.D. 20 Side yard 10 0 0 Rear yard 10 10 15 Requirements for lots fronting state and county roads, as follows: Front yard 2 0 Side yard 10 Building height 25 Front yard of B lots abutting R district 1/2 of the required R district Side yard abutting R district same as R district Rear yard abutting R districT same as R district Rear yard from alley 20 10 15 Building height 25 70 45 • CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 88 -99 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR REZONING ZN:88 -5 WHEREAS, an application for Rezoning ZN:88 -5 made by William Leadens, 1202 East Excelsior Avenue, to rezone from R -1 -C to B -1 from Excelsior Boulevard to the north line of the 48.36 foot empty lot adjacent to 7 Blake Road South is approved. WHEREAS, the procedural history of the application is as follows: 1. That an application for rezoning ZN:88 -5 was filed with the City of Hopkins on November 4, 1988. 2. That the Hopkins Planning Commission reviwed such application on November 29, 1988. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on November 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 application for Rezoning ZN:88 -5 is hereby approved subject to the following Findings of Fact: 1. That the rezoning to B -1 of 1202 East Excelsior Avenue would make the existing use and building conforming. 2. That the rezoning of 1202 East Excelsior Avenue and the north 13 feet of 7 Blake Road South to B -1 is more compatible to the residential district to the east and south. 3. That the remaining portion of 7 Blake Road south combined with 11 Blake Road South will create a more conforming R -1 -C lot. Adopted this 13 day of December, 1988. Donald J. Milbert, Mayor