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05-26-1987• A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, May 26, 1987, at 7:30 p.m., in the Counoil Chambers of the City Hall. Present were members Denny, MoGlennen, Richardson and Shirley. Also present were Community Development Director Mielke, Planning and Economic Development Director Kerrigan and Community Development Analyst Anderson. In the abeenoe of Chairman Anderson, Mr. MoGlennen chaired the meeting. ITEM: (1 -8) Mr. Shirley moved and Ms. Richardson seconded a motion that the minutes of the April 28, 1987 meeting be approved and signed. Motion parried unanimously. CASE NO: CUP87 -10 (17 -185) Hearing to consider an application by Knox Lumber Company, 250 - 5th Avenue South, for a Conditional Use Permit to construct a warehouse on the property west of their current building, continued from the April 28, 1987 meeting. Mr. Jameson, representing Knox Lumber, appeared before the Commission and stated that the proposed building has been reduced in size and the exterior has been ohanged from metal to precast concrete. The warehouse will match the existing building. Mr. Constable, representing the owner of the property, stated that the new exterior was more acceptable. Ms. Riohardson moved and Mr. Denny seconded a motion recommending to the Council approval of the Conditional Use Permit with the Findings of Fact: 1. That a warehouse is a permitted use in an I -2 Distriot.2. That the proposed warehouse meets the requirements for an I- 2 District. 3. That the proposed warehouse meets the requirements for a Conditional Use Permit; and with the Condition: 1. That landscaping and screening are provided on the west and south lot lines as acceptable by staff. Motion carried unanimously. CASE NO: CUP87 -12 (186 -190) Hearing to consider an application by Mark Eklo Homes for a Conditional Use Permit to construct an eight unit townhome at the rear of properties east of Van Buren Avenue North and south of Oak Park Lane, continued from the April 28, 1987 meeting. This hearing was continued to the June meeting at the request of the applicant. ITEM: (191 -195) Review of a Variance request by Roberto & Peggy Hammeken of 525 7th Avenue South to allow the use of their home as a triplex. The use was continued for one year with conditions and to be reviewed by the Commission in one year. This item was continued to the June meeting at the request of the applicant. • 5/26/87 - 2 - CASE NO: CUP87 -4 (195 -233) Applioation by Jack Welsh for a Conditional Use Permit to construct a convenience store /oar wash at 7th Street South and 11th Avenue referred from Counoil back to Planning Commission for review. The applioant presented new plans for the project that has a drive -thru oar waah instead of the four bay oar wash as previously submitted, and the northerly ingress on 11th Avenue will be a right -in only and provide stacking for two cars. The proposed site plan is the result of input from'Benshoof & Associates. There was no one present in opposition to the project. Ms. Richardson moved and Mr. Denny seconded a motion recommending to the Counoil approval of the Conditional Use Permit with the following Findings of Faot and Conditions: 1. The proposed plans meet the requirements for a motor fuel station. 2. The proposed plan meets the requirements for a oar wash. 3. That a motor fuel station and car wash are permitted uses in a B -3 District; and with the Condition: 1. That the northerly aooess point be an ingress only. Motion carried unanimously. CASE N0: SUBD87 -1 (233 -235) Applioation by Jack Welsh for Subdivision approval to divide the lot at the southwest corner of 7th Street South & 11th Avenue, referred from Council back to Planning Commission for review. With approval of Conditional Use Permit CUP87 -4 with the revised plans, the subdivision was not necessary and the application was withdrawn. CASE NO: CUP87 -13 (242 -719) Hearing to consider an application by Eugene Maxwell for a Conditional Use Permit to allow gas pumps at 5 - 6th Avenue South, site of the Midnight Market and Jim's Liquor. Mr. Maxwell reviewed the proposed plans with the Commission and stated that no variances will be required. He also stated that the County right -of -way property is a year -to -year lease and he has the first option to buy. He submitted an alternate plan without the right -of -way property. It was noted that he will meet the ordinance requirements without the County right -of -way. Ms. Jacob, District Manager for Jet Gas, stated that they had applied for a liquor license and was denied. She felt that if gas pumps are allowed on this site with the liquor store it would be the same as Jet selling beer. Staff will check with the City Attorney prior to the Council meeting regarding the issue. 5/26/87 - 3 - A resident stated concern of inoreased traffic in the alley. Hr. Maxwell stated that if a problem occurred in the future he would be willing to work with the City to resolve the problem. Hr. Denny moved and Ms. Richardson seconded a motion reoommending to the Council approval of the Conditional Use Permit with the Findings of Faot: 1. That a motor fuel station is a permitted use in the B -3 Diatriot, 2. That the motor fuel station meets the requirements as outlined and no variances are required; and with the Conditions: 1. If the applicant ceases or loses his lease to the Hennepin County right -of -way property the applioant be required to implement the alternate plan as submitted, 2. If found by the City Council at some future date that traffic in the residential alley is a problem due to this parcel of property, the Conditional Use Permit may be re- examined and additional conditions attached to the Conditional Use Permit. Motion carried unanimously. CASE NO: CUP87 -14 (724 -764) Hearing to oonsider an application by Jeff Mackenstadt for a Conditional Use Permit to construct a six foot fence at 1417 Boyce Street, between his property and St. Johns Church. Mr. Mackenstadt appeared before the Commission and stated that they wanted the fence for privacy from the playground. He also presented a letter from the adjacent property owner stating that they had no objeotion to the fenoe. It was also stated that St. John's has no objeotion to the fence. Ms. Riohardson moved and Mr. Denny seconded a motion recommending to the Council approval of the Conditional Use Permit to construct a six foot fence with the Findings of Faot: 1. The fence is necessary to protect and buffer the applicants property from the playground. 2. Use abutting sideyard where subject fence is to be oonstruoted is more intense than that of a single family dwelling. 3. Special Use Fence is allowed by Conditional Use Permit; and with the Conditions: 1. The fenoe will be made of cedar and maintained to an acceptable standard. 2. The fence will not exceed six feet in height. Motion carried unanimously. CASE NO: CUP87 -15 (765 -823) Hearing to consider an application by the Hopkins School District for a Conditional Use Permit to allow a 10'x6' sign at 1001 Highway No. 7, site of Hopkins Eisenhower Community Center. Mr. Keith Kerstetter, representing the Hopkins School Distriot, stated they were in two years ago for a larger sign and were denied their request. The previous sign request was 160 square feet per side. CCDC has reviewed the proposed sign and had no comments. Mr. Kerstetter stated the sign was to give a central location for news and events. 5/26/87 -4- No one appeared in opposition to the request. Mr. Denny moved and Ms. Richardson seconded a motion recommending to the Counoil approval of the Conditional Use Permit for a 10'x6' sign with the Findings of Fact; 1. The sign meets the conditional as outlined in the ordinanoe; and with the Condition: 1. That no portable signs are used on the Community Center site. Motion carried unanimously. CASE NO: VN87 -4 (825 -1150) Hearing to oonsider an application by Midwest Auto Malls for variance requests to exceed the square footage allowed and maximum sign area at the northeast oorner of County Road 3 and 11th Avenue South, future site of the Auto Mall. Mr. Richard Lang of Sign Consultants presented the sign plans to the Commission. It was stated they need 90 square feet of the pylon signs because there will be seven tenants to advertise on the sign. It was also stated that the tenants will not be allowed window signs. Both upper and lower case letters will be used. The Commission stated concern over the use of tempera paint on the windows. Ms. Richardson moved and Mr. Denny seconded a motion recommending to the Council approval of the sign variance with the Findings of Fact: 1. That a hardship exist due to the shape of the property, 2. That a hardship exists because of the amount of frontage the site has; and with the Conditions: 1. That no temporary signs are used inoluding tempera paint on the windows, 2. That the businesses will have uniform eignage, 3. That 3 foot letters be allowed for fascia signs if both upper and lower case lettering is used, and 2 foot letters if only upper case is used. Motion carried unanimously. CASE NO: CUP87 -16 91155-1332) Hearing to oonsider an application by Super Valu Stores Inc. for a Conditional Use Permit to construct an addition to the existing freezer facility at 101 Jefferson Avenue South. Mr. Dave Linner, Architect for Super Valu, presented the plans to the Commission. He stated that the new freezer will oocupy space currently used by a tractor atorage and general merohandise area, located in the northwest corner of their main oomplex, and will be constructed of insulated metal panels. He pointed out that the present offices are higher than the proposed freezer facility. An adjaoent property owner stated concern about more noise being created on the site. It was stated that the sound wall will be started this summer and should take care of most of the noise problems. Mr. Denny moved and Ms. Richardson seconded a motion recommending to the Counoil approval of the Conditional 5/26/87 - 5 - Use Permit to oonatruot a freezer facility at Super Valu with the Findings of Fact: 1. That the proposed addition meets the requirements for an I -2 District, 2. That the proposed addition meets the requirements for a Conditional Use Permit. Motion carried unanimously. CASE NO: VN87 -6 (1332 -1350) Hearing to ooneider an application by Super Valu Stores Inc. for a variance to the height restrictions for the new freezer addition at 101 Jefferson Avenue South. The Commission considered the variance during their disoussion concerning the Conditional Use Permit. Ms. Richardson moved and Mr. Denny seoonded a motion recommending to the Council approval of the height variance for the freezer facility at Super Valu with the Findings of Fact: 1. That the limitation of 35 feet in height within the ordinanoe is inadequate and perhaps should be revised to 45 feet, 2. The variance would not cause a hardship on surrounding properties; and with the Condition: 1. That the Conditional Use Permit is granted. Motion carried unanimously. CASE NO: VN87 -5 (Tape 2, 1 -514) Hearing to consider an application by Baton Corporation for Variances to allow construction of a condo /townhouse project on Block 7, West Minneapolis for front yard setback, sideyard setback, rear yard setbaok, distance between buildings and building coverage. The Commission reviewed these variances along with the requested Conditional Use Permit at one time. Mr. Gilyard reviewed the proposed plans for oonatruotion of 48 townhouses on a portion of Block 7, West Minneapolis with the Commission. He stated the townhouses will be owner occupied with a starting price of approximately *75,00. The owner will have the option of designing the interior. Mr. Gilyard also presented an alternative plan with 26 condos and 32 townhouss. This alternative plan will provide some flexibility in design to respond to market changes. The project will be constructed in four phases starting at the southeast corner of the block and move in a clockwise direotion. Mr. Gilyard stated the variances are needed to provide more parking and also from a design perspective. Hr. Grossman of Suburban Chevrolet was concerned with the landsoaping on the north side of the property which abuts his property. They have had a problem with sap falling from the tress and ruining the paint on the oars. No one appeared in opposition to the project. 5/26/87 -6- Ms. Richardson moved and Mr. Denny seconded a motion reoommending to the Counoil approval of the variances with the Findings of Fact: 1. That a unique circumstance exists due to the extensive amount of frontage on public atreeta, 2. The HRA in their request for proposal stated that they wanted, from an architectural standpoint, 11th Avenue should be treated as the front yard even though this is not the front yard by ordinance, 3. Architect, parking and design constraints, requested by the City Council make variances from the ordinance required, 4. That the price paid for the site would necessarily decrease with a lower unit oount; if the site price remains the same the price of the units would rise and, therefore, put the project potentially on a slower development track; the tax base return to the City would be adversely affected with a lower unit count, 5. By significantly reducing the density, the vitality of the project design would be diminished; if more conventional spacings and setbacks were to be incorporated, the overall architectural statement would lose some of its unique appeal within the buyer marketplace for 'edge of downtown' townhomes, 6. That the granting of the variances would not adversely affect the surrounding area, 7. That the ordinance does not adequately faoilitate a high density residential development in the CBD of this type; and with the Conditions: 1. That the Conditional Use Permit is granted, 2. That the alleys in Blook 7 are vacated. Motion carried unanimously. CASE NO: CUP87 -17 (482 - ) Hearing to consider an application by Baton Corporation for a Conditional Use Permit to construct owner occupied condo /townhouses on Block 7, West Minneapolis. Ms. Richardson moved and Mr. Denny seconded a motion recommending to the Counoil approval of the Conditional Use Permit to construct oondo /townhouses on Block 7, West Minneapolis with the Findings of Fact: 1. That the development meets the requirements for a P.U.D., 2. That the development meets the requirements for a Conditional Use Permit; and with the Conditions: 1. That the requested variances are approved, 2. That the applicant secures ownership of the property, 3. That both plans are accepted, 4. That the applicant provide an aooeaa plan for the first two phases, 5. Landscape plan be amended to provide proper screening but not infringe on the property to the north. Motion carried unanimously. CASE NO: VAC87 -1 (633 -684) Hearing to oonsider the vacation of all alleys in Block 7, Weat Minneapolis, for the purpose of constructing condo /townhouses. There are two utilities in the alley, electric and cable. Both utilities were notified. 5/26/87 ITEM: (685 -763) Continued hearing on proposed ordinance restricting the use of skateboard ramps in residential districts. ITEM: ATTEST: Mr. Denny moved and Ms. Riohardson seconded a motion to recommend to Council approval of the Ordinance to vacate the alleys in Block 7 for first reading with the oondition that the second . reading of the Ordinance be delayed until the developer starts on Phase II. Motion carried unanimously. A resident of Interlachen Park spoke in regard to the proposed ordinance. She stated that the ramp infringes on the enjoyment of the property of others due to the noise generated from the ramps. They feel there is a need for the ordinance. Another resident asked if the proposed ordinance would restrict the use of existing ramps. It was noted that they will be grandfathered in, but would be dealt with as a nuisance. Mr. Denny moved and Ms. Richardson seconded a motion recommending to the Council approval of the ordinance restricting the use of skateboard ramps in residential districts. Motion carried. Mr. MoGlennen voting nay. Review of proposed ordinance changes regarding Planned Unit Development, continued from the April 28, 1987 meeting. It was the decision of the Commission and staff to review the proposed ordinance changes at 6:30 p.m. prior to the regular Zoning and Planning Commission meeting, June 30, 1987. Ms. Richardson moved and Mr. Denny seconded a motion that the meeting be adjourned. Motion carried. Michael MoGlennen, Chairman Pro -tem MEMBERS: