Appeal-5th Av. S. & MainPLANNING COMMISSION
ITEM:
CITY OF HOPKINS
APPEAL- 5th Avenue South & Mainstreet
MARCH i4, 1986
PURPOSE: To review and recommend action on an appeal from a Staff Decision.
BACKGROUND:
Name of Applicant: David Johnson
Address of Property: Southwest corner of 5th Avenue & Mainstreet
Present Zoning: 8-3
Nature of Request: Appeal Staff Decision
Reason for Request: To continue a retail business on a site that
is a lawfully non - conforming warehouse use.
The applicant, the owner of the building, on the southwest corner of
5th Avenue and Mainstreet was notified that the building he was using
for a retail carpet store was a non- conforming building. The building
prior to this retail use was a warehouse /storage use, this use is grand -
fathered in:
427.27(3) states: "Appeals from Staff Decisions: The Board shall hear
and consider only appeals submitted in writing from any action relative
to this ordinance taken by the City Administrative staff, which appeal
shall be filed not later than 90 days from the date of such staff deter -
mination; and shall make its findings an order thereon not later than 90
days from such appeal unless the time is extended by written mutual agree-
ment of the parties. Failure by the Board to act within the time herein
set forth shall be construed as a determination in favor of the applicant."
Ordinance 427.06 states normal maintenance of a building or other structure
containing or related to a lawful non- conforming use is permitted, including
necessary non - structural repairs and incidental alterations which do not
extend or intensify the non - conforming use.
The applicant is proposing 900 square feet for retail, 220 square feet for
office and 2080 square feet for storage.
The building is required to have a 1 foot front yard setback and a 15 foot
sideyard setback. The present building has no front yard setback and a
.75 foot side yard setback. The site currently has no paved off- street
parking, the applicant is required to have six parking spaces.
The Fire Marshal and Housing Inspector have not been in the subject build-
ing since the change to a retail business. If the applicant is allowed to
continue he will have to comply with 85 -546 - a Certificate of Occupancy.
APPEAL
ITEM
ANALYSIS: The ordinance prohibits alterations which would intensify a non -con-
forming use changing this building from a storage /warehouse use to a
retail use would intensify this use of this site.
RECOMMENDATION: I recommend that the building not be used for retail business.
The following Findings of Fact are suggested should the Commission
recommend denial:
1. The present building is a non- conforming building.
2. The intensifying of a use in a non - conforming building is prohibited.
Om( 4fir
Nancy S. Anderson, Analyst
Community Development-
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17
(
March 7, 1986
City of Hopkins
Zoning and Planning Department
1010 First Street South
Hopkins, MN 55343
Planning an- Zoning Staff:
In response to your letter of February 11, 1986, regatidi,nvnon-
conforming use of the building on 5th Avenue and :Mainstreet.
I am hoping to be able to make the necessary changes and improvements
in order to conform to regulations and therefore continue using the
site for a retail business as well as a wharehouse.
Although your letter of the llth was not specific as to particular
zoning ordinances, I have since contactrd Nancy Anderson of your
staff to try to understand more clearly the situation. Through these
conversations I have been made aware that the following items are
among the non - conforming regulations.
UNPAVED PARKING LOT:
I propose to cover the entire parking lot (6250 sq. ft.) with
blacktop pavement and mark out no less than eight parking spaces
9'x20' each.
UNLIGHTED AREAS:
I propose to use three automatic (dusk to dawn). light fixtures
which are rated at 50' radius on north and west faces of building,
and one fixture rated. at 15' radius on eat end of building.
SIDE YARD RESTRICTION 1 FOOT:
As this involves only one small corner of the site I propose to
(A) remove corner of the building in question and re-construct
with a display window inside setback specifications or,
(8) continue to use in present condition.
REAR YARD SETBACK 15 FEET:
This is a considerable obstacle as the building is only 9" from
rear yard line. However there is a relatively large buffer area
which boarders the residential area (approx. 30') with an addit-
ional area (approx. 30') of trees and natural growth. I would
propose no changes that would be visable from this side of site.
I also would be willing to purchase this area of land if and when
it becomes available, in which case I would then have the required
rear yard.
I realise that city ordanances may place more conditions on these
changes than I an now aware of I want to my willingness
to comply and work with city deartments and officials on these and
any other building code ordinances in which I am in violation of and
am not yet aware of.
Please advise me, if possibe, as to my next step in co- operating
with you on these matters.
Thank you for your consideration.
David F Johnson
17310 Highway 101 W.
Wayzata, MN 55391
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