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07-26-1988ITEM: A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, July 26, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Present were Chairman E. Anderson, members R. Anderson, Brandon, Denny, Maxwell, McGlennen, and Pavelka. Also present was Community Development Analyst N. Anderson. Mr. Maxwell moved and Mr. Denny seconded a motion that the minutes of the June 28, 1988 meeting be approved and signed. Motion carried. CASE NO: ZN88 -3 CITY OF HOPKINS Hearing to consider an amendment to the Zoning Ordinance in regard to fences around swimming pools, continued from the June 28, 1988 meeting. Nancy Anderson brought the Commission up to date on the progress of the proposed ordinance. She stated that the requirements have been considered in regard to the fence ordinance by increasing residential fencing from 3 1/2 feet to 4 feet and that the required fencing for pools be 4 feet. No one was present in regard to the proposed ordinance. Mrs. Brandon moved and Mr. Maxwell seconded a motion recommending to the Council approval of the proposed swimming pool ordinance. Motion carried unanimously. CASE NO; CUP88 -11 SUPER VALU STORES, INC. Hearing to consider an application by Super Valu Stores, Inc. for a Conditional Use Permit to construct a 27,545 square foot refrigerated warehouse at 715 Fifth Street south. Mr. Gary Ostberg representing Super Valu appeared before the Commission. He reviewed the plans with the Commission and stated that this addition would not create more traffic to the site. He also stated that the internal traffic pattern would remain the same. Mr. Maxwell was concerned if more condensers would be added. Mr. Ostberg stated that there would be no new condensers. No one was present to speak in regard to the proposal. Mrs. Brandon moved and Mr. Denny seconded a motion recommending to the Council approval of the Conditional Use Permit for a 27,545 square foot refrigerated warehouse addition at 715 Fifth Street South. Motion carried unanimously. Planning Commission minutes of 7/26/88 - Page 2 CASE NO: VN88 -7 LARRY & SHARON SMOOTS Hearing to consider an application by Larry & Sharon Smoots for a one foot sideyard variance to construct a 22'x 22' garage at 215 Sixth Street South. Mr. Larry Smoots appeared before the Commission. He stated that he had talked with the inspection department last year about the proposed garage. The proposed plans met the existing ordinance and the retaining wall was constructed. At that time he decided that because the site had been filled, he would delay construction until the following year giving the site time to settle properly. When he applied for the building permit this year he was told that the ordinance had been changed and the plan did not conform to the required sideyard. The Commission asked what would be involved in moving the steps. He stated that the wall and steps are tied together and that it would be major reconstruction. The Commission was concerned about setting a precedent by allowing the variance, but felt that the situation was unique and that granting a variance was proper. There was no one present in regard to the request. Some of the neighbors had been contacted and were in agreement with the request. Mr. McGlennen moved and Mr. Maxwell seconded a motion recommending to the Council approval of the 1 foot variance with the Findings of Fact: 1. That the applicant has been made the victim of a hardship by the unique circumstance in that he contacted the City when a variance was not needed; 2. That the plans conformed to the then existing setback requirements; 3. That he took steps to begin the project; 4. Delay was consistent with good building practice for this part of the country; 5. Was not specifically informed of the change in the ordinance; 6. Change in ordinance took place without his actual knowledge of such change; 7. The re- structure of the underlaying foundation of the retaining wall to conform to the new ordinance would amount to substantial hardship; 8. Re- structure would not be consistent with the use of the property in the neighborhood; 9. Proposal suited to the property; 10. Neighbors do not object to the proposal. Motion carried unanimously. • Planning Commission Minutes of 7/26/88 - Page 3 ITEM: ITEM: ITEM: ITEM: Meeting adjourned. ATTEST: Proposed ordinance for temporary signs. Nancy Anderson reviewed the proposed ordinance with the Commission. She stated that there is no organization to review this proposal at the present time. Mr. Denny moved and Mrs. Brandon seconded a motion to set the date for a public hearing of the proposed ordinance for August 30, 1988. Motion carried unanimously. Review staff's selection of firm to up -date the Comprehensive Plan. Nancy Anderson reviewed the reasons for updating the Comprehensive Plan and the proposals that have been submitted for the project. Three consultants submitted proposals. Staff recommended the proposal of B.R.W. Rose Fages - Easton, representing B.R.W. gave a brief summary of the work to be done. Mr. Denny moved and Mr. Pavelka seconded a motion recommending to the Council approval of the firm B.R.W. to up -date the Comprehensive Plan. Motion carried, unanimously. Review of 5 Year Capital Improvement Program. Staff requested that this item be continued to the August 30th meeting. Annual Meeting - Election of Officers. Mr. Ed Anderson was unanimously elected Chairperson for the year and Ms. Toni Richardson was unanimously elected Vice - chair for the year. Edward Anderson, Chairman MEMBERS: