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Variance-Off-Street Parkingr ' June 11, 1985 Case No: 85 -34 is • Applicant: John Goodman Location: 135 Shady Oak Road Request: Variance for off - street parking STAFF FINDINGS & COMMENTS: Anderson 1. The applicant is proposing to locate a Gym and Fitness Center at 135 Shady Oak Road, the former site of the Minnesota State Employment Office. The subject site is zoned B -3. 2. Ordinance 427.45(25) Skating, Dance Hall, Miniature Golf, Private Clubs, Ice Arena requires ten parking spaces plus one (1) additional space for each two hundred (200) square feet of floor area devoted to the principal use. The subject site would require 62 parking spaces. The site has 31 parking spaces. 3. 427.04(108) states that a variance shall be granted to a specific parcel of property because of undue hardship due to circumstances peculiar and unique upon such parcel. 4. The size of the parking spaces are 9 x 16. Ordinance 427.43(7) requires spaces shall not be less than 9 feet in width and 20 feet in length, however, that in any parking area established pursuant to this Ordinance, which provides for contiguous parking for more than twenty -five (25) vehicles, a portion of such area not exceeding twenty -five percent thereof may be designated, delineated, marked and used in dimensions of not less than 8 feet by 16 feet provided such parking spaces are clearly marked as "Compact Cars." 5. The applicant has stated that there is adequate open space on the property to provide the amount of parking technically required by the Zoning Code for virtu- ally any commercial use, also catagorizing the proposed use under Section 427.45 (25) of the Zoning Code as a "private club" is inequitable because the uses under that section contemplate a greater flow of traffic than they feel their use will generate. 6. The parking situation has been a problem in this area for a number of years. The subject structure was originally constructed as a roller skating rink by the owner of the adjacent bowling alley. As part of the approval it was stated that the owner of the bowling alley would have to provide additional parking should a demand over and above what was being provided be actually needed. However, sometime after this the subject building was separated off from the bowling alley parcel and sold to a different owner. In recent years, the struc- ture has been used as office space by Minnesota Manpower. This use was fairly compatible with the area as their major parking demand was during the day, with the bowling alley being at night. Also it came closer to meeting the ordinance as an office use would only require 40 spaces. The applicant has stated that they have been unable to find a new office use tenant as the building and its location are unsuited for such a use. 7. The applicant has contacted the surrounding neighbors. FOR VARIANCE APPLICATION ONLY NOTE: The purpose of a variance is to provide relief to a property owner when the strict enforecment of the Zoning Ordinance would cause an undue hard ship to the property owner or deny reasonable use of the property. Hardship to the applicant is the crucial test. Variances will be granted only in unusual situations which were not foreseen when the Zoning Ordin- ance was adopted. Economic situations are seldom unique and are rarely considered a valid hardship. Hardship A. Explain why strict enforcement of the Zoning Ordinance would cause undue hardship: There is inad mate open snare on the r arty t� vide the amount of parking technically required by the Zoning Code for virtually any com- mercial use. • Conditions B. What are the special conditions (shape of lot, exceptional topographic conditions, etc.) of this request that are unique to this property and do not apply generally to other properties in the district? 1. The property. including the building_ was onv eyed by the previous and adjacent landowner in such a way as to leave inadequate space on this parcel for the required parking. 2. Catagorizing the proposed use under Section 427.45(25) of the Zonin Code as a "private club" is inequitable because the uses under that section contemplate a greater flow of traffic than would be anticipated. List of Homeowners Contacted by Applicant C. Submit a list of names and addresses of neighbors contacted. See attached �J I i 10 "Iv r k N 4� 0 1 0 1A. I hereby certi m I //,* -30 l I� /-3•7 . , C 6 A y� � //,* -30 l I� /-3•7 . , C 6 f EXHIBIT B LIST OF NEIGHBORS CONTACTED HEALTHKIT ELECTRONICS CENTER 101 Shady Oak Road Hopkins, Minnesota 938 -6371 Jeff Porritt SUBURBAN DRY CLEANERS 4540 Shady Oak Road Minnetonka, Minnesota 935 -4833 Dan Johnson, Owner HOPKINS BOWL 107 Shady Oak Road Hopkins, Minnesota 938 -4090 Gladys Restorf, General Manager LEMAN'S LIQUORS 120 Shady Oak Road Hopkins, Minnesota 935 -2656 Jim Mason, Son of Owner AM SHADY OAK LIQUORS 11524 County Road 3 Minnetonka, Minnesota 938 -7060 Paul Kenyon, Owner NELSON'S BAKERY AND MEATS 116 Shady Oak Road Hopkins, Minnesota 935 -9092 Rick Nelson, Owner SANDY'S APPLIANCE AND TV 4 - Suburban Square - Shady Oak Road Hopkins, Minnesota 935 -3361 Dale Amolins VETERANS OF FOREIGN WARS 100 Shady Oak Road Hopkins, Minnesota 938 -9916 Doug Wellman KOKESH ATHLETIC STORE 11525 County Road 3 Minnetonka, Minnesota 935 -7006 Tim and Frank Kokesh f DORHOLT, INC. 22 Shady Oak Road Hopkins, Minnesota 938 -3591 Jim Dorholt, Owner BRUDA COLLECTABLES 6 Suburban Square Hopkins, Minnesota 935 -3848 George Dodds, Marion Dennis, Owners GLEN LAKE BODY SHOP 108 Shady Oak Road Hopkins, Minnesota 938 -8565 Orville Kemper COAT COMPANY 14 Suburban Square Hopkins, Minnesota 933 -4335 Marilyn Emerson J M OFFICE PRODUCTS 20 Shady Oak Road Hopkins, Minnesota 938 -8377 Jerry Mandel, Owner MARILYN JOHNSON 140 20th Avenue South Hopkins, Minnesota 935 -3588 Neighboring Homeowner ANN MARIE WOODWARD PARKER 128 20th Avenue South Hopkins, Minnesota 938 -5977 Neighboring Homeowner •