Rezoning-R-1-C to B-3•
April
18,
1985
Case
No:
85 -17
Applicant: Rudy Luther's Hopkins Motors Inc.
Location: 459 West Excelsior Avenue
Request: Rezoning from R -1 -C to B -3 and Amendment to the Comprehensive Plan
STAFF FINDINGS & COMMENTS: Kerrigan
1. This request is in conjunction with a Conditional Use Permit application to
allow construction of an auto dealership on the present Hopkins Theatre site.
The southerly 300 feet of this lot is zoned B -3 Business, with the northerly
portion R -1 -C Residential. The structure as proposed would extend approxi-
mately 55 feet into the residentially zoned area with the remaining portion of
this area utilized for auto storage.
2. There are a few situations in Hopkins where a portion of a lot utilized for
a business,and abutting homes,has been retained in a residential zoning clas-
sification in order to provide a sufficient buffer. At the concept review a
concern was expressed over a section of the zoning ordinance (427.33(f)) which
states the following:
• "off - street parking for abutting "B" or "I" uses may be extended the
width of three contiguous lots or 150 feet which ever is greater onto
land which is zoned for residential. use provided the land is under the
same ownership or control as the land which is to be served and said
parking is not located between two existing abutting residential uses
subject to conformance with parking lot standards in this Ordinance."
In discussing this matter with the City Attorney, his opinion is that neigh -
borhoods can adequately be protected by such intrusion by stating in any
Conditional Use Permit approval that this section of the ordinance could not
be implemented by the applicants or their successors. A similar type of action
was taken when the Super Valu Warehouse was expanded in 1980. The other option
available to the Commission is to only rezone that portion of the lot which will
only contain the actual structure.
3. In conjunction with a rezoning the Commission should also adjust the Comprehensive
Plan to reflect the change.. At present, the Comprehensive Plan coincides with the
zoning for this area.
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