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06-28-1988• J A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, June 28, 1988, at 7:30 p.m., in the Council Chambers of the City Hall. Present were Chairman E. Anderson; members R. Anderson, Ebel,Maxwell, McGlennen and Richardson. Also present was Community Development Analyst N. Anderson. ITEM: (4 -10) Ms. Richardson moved and Mrs. Ebel seconded a motion that the minutes of the May 31, 1988 meeting be approved and signed. Motion carried unanimously. CASE NO: CUP88 -8 R.L. JOHNSON INVESTMENTS (11 -33) Hearing to consider an application by R. L. Johnson Investments for Conditional Use Permit to construct a strip mall with a restaurant and six commercial /business spaces to be located at the southeast corner of County Road #3 and llth Avenue South, continued from the May 31, 1988 meeting. Mr. Constable, representing R. L. Johnson Investments, appeared before the Commission. He stated that the project has remained the same. It was noted that the Commission received reports from Laventhol & Horwath regarding the Market Analysis and Mitch Wonson of Benshoof & Association regarding the traffic issues. CCDC also reviewed the project and gave their comments. Ms. Richardson moved and Mr. Maxwell seconded a motion recommending to the Council approval of the Conditional Use Permit with the Findings of Fact: 1. That the proposed building meets the requirements for B -3 District; 2. That the proposed uses are permitted in a B -3 District; and with the Conditions: 1. That temporary parking is allowed on the site for the ramp construction, 2. That the City and the applicant arrange for the transfer of property, 3. That the EAW is found acceptable, 4. That the landscaping is increased with a plan acceptable to the staff, 5. That an adequate roadway to 8th Avenue is constructed, 6. That the access on llth Avenue will be determined when the design of the intersection is finalized. Motion carried unanimously. CASE NO: ZN88 -3 CITY OF HOPKINS (34 -155) Hearing to consider an amendment to the Zoning Ordinance in regard to fences around swimming pools, continued from the May 31, 1988 meeting. • • Z & P Minutes 6 -28 -88 Page 2 Several Hopkins residents having pools in appeared before the Commission. They all felt fence was of sufficient height. It would be a for them to re -fence their pools and none of any problems. their yards that a 4 foot great expense them have had Nancy Anderson stated that other communities do have fence requirements for residential pools. Mr. McGlennen moved and Mrs. Ebel seconded a motion that the proposed ordinance be referred to staff to amend the proposed ordinance to reflect a height of no less than four feet and conforming with our existing fence ordinance. Motion carried. CASE NO: ZN88 -4 DR. KELLY & PAMELA SHEEHAN (162 -385) Hearing to consider an application by Dr. Kelly & Pamela Sheehan to rezone the property at 11118 Minnetonka Boulevard from R -1 -E Residential to B -1 Business to operate a chiropractic clinic. Dr. Kelly & Pamela Sheehan appeared before the Commission. Dr. Sheehan explained that he wanted to move his chiropractic clinic to this site and also live there. The only change visible would be the parking in the front yard. Many residents of Bellgrove appeared before the Commission to oppose the rezoning. Several residents stated that they had signed the petition not understanding the implications of the rezoning and want to preserve the Bellgrove area as residential. Staff noted that if this site were rezoned to B -1 there is no guarantee that it would remain under the ownership of the Sheehans and could become any permitted use in the B -1 District. Ms. Richardson moved and Mr. Maxwell seconded a motion recommending to the City Council denial of the rezoning of 11118 Minnetonka Boulevard with the Findings of Fact: 1. That the Comprehensive Plan has designed this site as residential, 2. That the existing zoning is compatible with the surrounding uses, 3. That rezoning the subject parcel would result in spot zoning. Motion carried. Mr. McGlennen voting nay. CASE NO: CUP88 -10 DR. KELLY & PAMELA SHEEHAN Hearing to consider an application by Dr. Kelly & Pamela Sheehan for a Conditional Use Permit to allow a residential use in a proposed B -1 District at 11118 Minnetonka Boulevard. • Z & P Minutes 6 -28 -88 Page 3 Ms. Richardson moved and Mr. Maxwell seconded a motion that the Conditional Use Permit be denied because the property was not rezoned. Motion carried. Mr. McGlennen voting nay. CASE NO: VAC88 -1 RED OWL STORES, INC. (386 -390) Hearing to consider an application by Red Owl Stores, Inc. to vacate a portion of Adams Avenue right -of -way located on the western portion of Adams Avenue right -of -way located on the western portion of the Red Owl facility at 215 East Excelsior Avenue. Mr. McGlennen moved and Ms. Richardson seconded a motion recommending to the Council approval of the vacation with the Findings of Fact 1. That the land requested for vacation is not needed for public use, 2. That the vacated land is presently not used by the public. Motion carried unanimously. CASE NO: WVR88 -2 CITY OF HOPKINS (391 -399) Hearing to consider an application by the City of Hopkins for a Waiver of the Platting Requirements to add four parking spaces to the City parking ramp property. Staff explained that this parking area was originally proposed to be a parking easement to the City. It was later decided that the City should own this area to insure uniformity and control of all the parking at the ramp and bank site. ITEM: Staff explained there was a 6 inch error in the legal description when Adams Avenue was originally vacated. Red Owl is requesting this vacation to avoid any problems in the future. Ms. Richardson moved and Mr. McGlennen seconded a motion recommending to the Council approval of the Waiver of Plat to add additional area for the parking ramp with the Findings of Fact: 1. That the new lots created meet the lot area for the B -2 District, 2. That the existing setbacks will not be affected by the new division line. Motion carried unanimously. Proposed change in the Tax Increment District. Staff stated that the proposed change would allow the purchase of the 9th Avenue Tap property for redevelopment purposes. • • • Z & P Minutes 6 -28 -87 Page 4 ITEM: Ms. Richardson moved and Mr. Maxwell seconded a motion to continue this item to get comments from the CCDC. Motion carried unanimously. Mr. Richardson moved and Mrs. Ebel seconded a motion that the meeting be adjourned. Motion carried unanimously. ATTEST: Mr. Maxwell moved and Mrs. Ebel seconded a motion that the Commission adopt PLANNING COMMISSION RESOLUTION NO: 88 -5 RECOMMENDING APPROVAL OF AMENDMENT #5 TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT ENTITLED "HOPKINS CBD REDEVELOPMENT PROGRAM ". Motion carried unanimously. Proposed ordinance for temporary signs. Staff stated that the zoning ordinance does not address temporary signs that are community oriented. The proposed language for community oriented temporary signs would control the size and length of time displayed, etc. Mr. Maxwell stated that he did not feel that seven days was adequate time for some events. Edward Anderson, Chairman MEMBERS: