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08-26-1986A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, August 26, 1986, at 1:30 p.m., in the Council Chambers of the City Hall. Present were Chairman Folk, members Berg, Bourne, Brandon, Janke, Kirscht and Shirley. Also present were Community Development Director Mielke.and Community Development Analyst Anderson. Mr. Kirscht moved and Mr. Janke seconded a motion that the minutes meeting be approved and signed. Motion carried unanimously. Case No: CUP86 -6 2 -3 Hearing to consider an application by Reuter Inc. for a Permit to construct an addition to the structure at 410 continued from the July 29, 1986 meeting: Nancy Anderson informed the Commission that Reuter Inc. would appear before the Commission at the September meeting with revised plans. Mr. Kirscht moved and Mrs. Brandon seconded a motion that the hearing be continued to the September meeting. Motion carried unanimously. Case No: Hearing to consider an application by Pitt Rolfe for a Conditional Use Permit CUP86 -7 to construct an office building at 7th Street South and Second Avenue. 4 -31 1 Case No: VN86 -11 31 - of the July 29, 1986 Conditional Use llth Avenue South, Mr. Rolfe appeared and informed the Commission that construction of the office building had not started because they were unable to lease the required number of office spaces. Due to financing, they are required to have 2/3 occupancy before construction is started. They are still working on the project and ask that the Commission grant the Conditional Use Permit for the same building that was proposed in August 1984. Mr. Janke moved and Mr. Kirscht seconded a motion recommending to the Counci approval of a Conditional Use Permit to construct an office building at 7th Street South and Second Avenue with the Findings of Fact that the structure is the same building as previously proposed. Motion carried. Mr. Berg abstained due to arriving late for the discussion. Hearing to consider an application by A & J Partnership for a Variance to park in the front yard setback at the proposed office /warehouse site on Fifth Street South and Seventh Avenue, Mr. David Constable, partner, reviewed the proposal with the Commission. He stated that the parking on the east side of the site would be below grade with plantings on the perimeter which would screen the parking in the front yard. He also explained that ingress and egress to the site would be from Fifth Street. The truck docks will be mainly on the west side of the property. The loading docks would be enclosed with a minimum use. The building will be one story, exterior of the building will be Alucabond fascia with 1" insu- lated glass. Two residents from the area appeared to inquire about truck traffic on the site and also on 6th Avenue South, north of 5th Street. Information from the traffic study indicates an estimated increase of 300 total trips per day. This is an acceptable level of traffic on those streets Further study is to be made before construction on the other sites commences. Mr. Berg move and Mrs. Brandon seconded a motion recommending to the Council approval of the Variance to allow parking in the front yard setback for the office /warehouse structure at 5th Street South and 7th Avenue based on the Findings of Fact: 1) A unique circumstance is present due to the shape of the lot; 2) The negative impact of the variance will be reduced due to the fact the building has a 75' minimum setback; 3) elevation will provide screening of the project. Motion carried unanimously. Case No: Hearing to consider an application by A & J Partnership for a Conditional CUP86 -8 Use Permit to construct an office /warehouse structure at Fifth Street South 391 and Seventh Avenue. Mr. Kirscht moved and Mrs. Brandon seconded a motion recommending to the Council approval of the Conditional Use Permi to construct an office -ware- Zoning and Planning Commission meeting of August 26, 1986, continued. house structure based on the Findings of Fact: 1) the development meets the minimum I -1 requirements; 2) the development meets the requirements for a Conditional Use Permit; and with the Conditions: 1) A proval by the Watershed District; 2) Approval by the Fire Marshal; 3) That the drainage plan be approved by the Director of Engineering; 4 Sixty feet of evergreen plantings be added on each side of the plan of the north - south plantings on the Seventh Avenue perimeter; 5) Plan to incorporate low evergreens against the building; 6) Site to have an irrigation system. Motion carried unanimously. Case No: Hearing to consider an application by Emil Keller of 406 - 16th Avenue North VN86 -10 for a sideyard variance to convert a carport into a garage. 395 -625 Mr. Keller reviewed the request with the Commission. Mr. Brinkhaus, neighbor of the applicant, also stated the needs of the applicant to have an attached garage due to poor health, other homes in the neighborhood are close to the lot line, and that he has no objections to the construction. The Consensus of the Commission was that Mr. Keller needs to find his lot lines or obtain a survey. Also,consideration should be given to placing the garage in another location rather than granting a variance. Mr. Kirscht moved and Mr. Janke seconded a motion that the hearing be con- tinued to the September meeting to give the applicant time to review different options regarding construction of a garage. Motion carried unanimously. Case No: Hearing to consider amending Hopkins Zoning Ordinance No. 427.06 pertaining ZN86 -6 to non - conforming uses and non - conforming structures. 630 -695 The Commission reviewed the proposed ordinance with staff regarding the amended wording. Ms. Bourne moved and Mr. Janke seconded a motion recommending to the Council approval of the proposed ordinance pertaining to non - conforming uses and structures. Motion carried unanimously. Item: A Review of the proposed modification.of the Redevelopment Plan.and review of 700 -742 the proposed Modification #4 of the Tax Increment Finance Plan for the Hopkins HRA of Hopkins MN, continued from the July 29, 1986 meeting. It was stated that by approving the proposed Resolution No: Z86-2 this would give the HRA the ability to proceed with bonding and funding for projects. Mr. Berg moved and Ms. Bourne seconded. a motion recommending to the Council approval of "A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE RE- DEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT ENTITLED "HOPKINS CBD REDEVELOPMENT PROGRAM ". Motion carried unanimously. Item: B Discussion regarding the Official Map, referred to Planning Commission by 743 -809 Council. The Commission discussed the protected areas on the official map and also the possible addition of new parcels. It was decided that the Commission, with staff and City Council, should view the listed sites before decisions are made. A bus tour will be scheduled for September 23, at 5:30 P.M. A copy of the map will be provided before the next meeting. The Commission continued the item to the September 30th meeting. Mrs. Brandon moved and Mr. Janke seconded a motion that the meeting be adjourned. Motion carried unanimously. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86 -29 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR VARIANCE VN86 -5 WHEREAS, an application for Variance entitled VN86 -5 has been made by Rudy Luthers Hopkins Honda, 459 Ma nstreet for a sign to be larger than the ordinance requirements. WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN86 -5 was filed with the City of Hopkins on April 11, 1986. 2. That the Hopkins Planning Commission reviewed such application on April 29, 1986. 3. That the Hopkins Planning Commission, pursuant to mailed notices held a public hearing on April 29, 1986; 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 the Hopkins City Council makes the following Findings of Fact in respect to VN86 -5: 1. That the sign is of comparable size to a sign approved for Walser Corp., prior to a change in the zoning ordinance. 2. That the applicant will use less than the total square footage allowed - forsignage which will mitigate the impact of the variance. BE IT FURTHER RESOLVED, that application for Variance VN86 -5 is hereby approved subject to the following conditions: 1. That the lighted portion of the sign be turned off by 11:30 P.M. each day. 2. That the applicant is limited to the signage proposed on the plan submitted and approved by the City of Hopkins. Adopted this 3rd day of June, 1986. Ellen Lavin, Mayor CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86 -30 RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION FOR VARIANCE VN85 -23 WHEREAS, an application for a Variance entitled VN85 -23 has been made by Rudy Luthers Hopkins Honda, 459 Mainstreet, to construct a sign to exceed the maximum height requirement. WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN85 -23 was filed with the City `of Hopkins on April 11, 1985. 2. That the Hopkins Planning Commission reviewed such application on April 30, 1985 and April 29, 1986. 3. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on April 30, 1985 and April 29, 1986; 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 the Hopkins City Council makes the following Findings of Fact in respect to VN85 -23: 1. That the maximum height will still provide visibility from County Highway 18. 2. That a lower height will keep sign less visible from the residential district. 3. That sufficient warrants do not exist to grant the variance. BE IT FURTHER RESOLVED, that the application VN85 -23 is hereby denied. Adopted this 3rd day of June 1986. Ellen Lavin, Mayor Adopted this 3 day of June, 1986. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO: 86 -33 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR SUBDIVISION APPROVAL WHEREAS, an application for Subdivision Approval entitled SUBD85 -1 has been made by Richard Neslund for Centurion Company at the northeast corner of Edgemoor Drive and State Highway No. 7. WHEREAS, the procedural history of the application is as follows: 1. That an application for Subdivision Approval entitled SUBD85 -1 was filed with the City of Hopkins on November 8, 1985. 2. That the Hopkins Planning Commission reviewed such application on December 30, 1985. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on December 30, 1985; 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 the Hopkins City Council makes the following Findings of Fact in respect to SUBD85 -1: 1. That the subdivision will form two conforming lots. 2. That single family dwellings may be built on each lot. 3. That the proposed subdivision conforms to all requirements of the City's zoning and subdivision ordinances. BE IT FURTHER RESOLVED, that application for Subdivision Approval SUBD85 -1 is hereby approved subject to the following conditions: 1. That access to the lots be from Edgemoor Drive. 2. That all easements as shown on the plat be recorded as permanent easements. 3. That a break -away fence be erected at property line between Amhurst and northern most lot. Ellen Lavin, Mayor BE IT ORDAINED by the City Council of the City of Hopkins as follows: SECTION 1: That the present provisions regarding premises are hereby repealed in lieu thereof the following zoning uses in said location from R -1 -A to B -3. PAR. 1: Lots 31 and 32, Block 19, West Minneapolis Center according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County. SECTION 2: That the presently existing Hopkins Zoning Map adopted as part of Hopkins Zoning Ordinance No. 427 is hereby amended and changed in accordance with the above provisions. First read at a regular meeting of the City Council of the City of Hopkins held May 20, 1986, and finally read, approved, adopted and ordered published at a regular meeting held on the day of June 1986. J. SCOTT RENNE City Clerk JERRE MILLER City Attorney CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 86- AN ORDINANCE AMENDING THAT PART OF HOPKINS ZONING ORDINANCE NO. 427 PERTAINING TO AND CHANGING THE ZONING ELLEN LAVIN Mayor CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86 -28 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP85 -22 WHEREAS, an application for a Conditional Use Permit entitled CUP85 -22 has been made by Rudy Luthers Hopkins Honda, 459 Mainstreet, to place a sign at less than the minimum frontyard setback. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP85 -22 was filed with the City of Hopkins on April 11, 1985. 2. That the Hopkins Planning Commission reviewed such application on April 30, 1985 and on April 29, 1986. 3. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on April 30, 1985 and April 29, 1986; 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 the Hopkins City Council makes the following Findings of Fact in respect to CUP85 -22: 1. A closer setback to Mainstreet will allow the sign to be farther away from the residential district. 2. A one foot setback will allow the sign to be visible from Mainstreet. 3. Other signs in the area have a one foot setback. BE IT FURTHER RESOLVED, that application for Conditional Use Permit CUP85 -22 is hereby approved subject to the following condition: 1. That the sign be erected in conformance with the site plan submitted to the City of Hopkins. Adopted this 3rd day of June, 1986. Ellen Lavin, Mayor