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Memo• Memorandum City of Hopkins TO: Zoning and Planning Commission FROM: Nancy Anderson SUBJECT: Conditional Use Permit for Midwest Outdoor Advertising DATE: November 14, 1985 This item was returned to the Planning Commission for findings to support your recommendation of denial. Prepared are two resolutions with suggested findings of fact to support either a denial or approval. • October 17, 1985 Case No: 85 -53 Applicant: Midwest Outdoor Advertising Location: 410 llth Avenue South Request: Conditional Use Permit to locate a sign in a lesser setback than required. STAFF FINDINGS & COMMENTS: Anderson 1. The applicant is requesting a Conditional Use Permit to locate a sign in a lesser setback than required. The subject site is located at 410 llth Avenue South. The site is zoned I -2. 2. Ordinance 427.42(15) states applications for other proposed sign permits involving a lesser setback than required by the Hopkins Zoning Ordinance, may be granted only by and under a Conditional Use Permit as defined in Section 427.04(26) and under the applicable provisions and regulations of Conditional Use requirements set forth in Section 427.26 of the Hopkins Zoning Ordinance which Conditional Use Permits may require periodic reviews and may be cancelled for cause. 3. Ordinance 427.38 requires a 20 foot setback for a side yard in an I -2 District. The applicant is proposing to have the sign 35 feet from the center of the street. The street has a right -of -way of 55 feet, hence the applicant will have a 2 foot setback. The sign meets the rear yard setback requirement of 20 feet. 4. The proposed sign is to be 55 square feet per side and 15 feet in height. The sign will be located on the northeast corner of the site. The sign will not be lit. 5. The proposed sign will have leased advertising space. The first lessee will be Twin West Chamber of Commerce. 6. Ordinance 427.23(3) states that variances shall be issued in cases where strict enforcement of the zoning ordinance would cause undue hardship because of circumstances unique to the subject property. 7. The applicant has stated that if the setback was strictly enforced, the setback required by the zoning ordinance will cause Midwest's signs to be not visible by traffic. RESOLUTION NO. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF HOPKINS RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION FOR CONDITIONAL USE PERMIT NO. 85 -53. WHEREAS, an application for a Conditional Use Permit entitled Conditional Use Permit No. 85 -53 has been made by Midwest Outdoor Advertising, Inc., to place a sign in a lesser setback than required at 410 11th Avenue South. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit was filed with the City of Hopkins on October 10, 1985. 2. That the Hopkins Planning Commission reviewed such application on October 29, 1985. 3. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on October 29, 1985, all persons present at the hearing were given an opportunity to be heard. 4. The written comments and analysis of the City Staff and Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the City of Hopkins City Council makes the following Findings of Fact in respect to Conditional Use Permit No. 85 -53. 1. A Conditional Use Permit is a permit specially and individually granted by the Council after public hearing thereon by the Com- mission for puroses specified in the Ordinance. 2. Billboards within an I -2 District require a 20 foot side yard setback. 3. The applicants Conditional Use Permit not be granted since the billboard setback does not meet the requirements of the Ordinance. Adopted this day of , 1985. Ellen Lavin, Mayor RESOLUTION NO. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF HOPKINS RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT NO. 85 -53. WHEREAS, an application for a Conditional Use Permit entitled Conditional Use Permit No. 85 -53 has been made by Midwest Outdoor Advertising, Inc. to place a sign in a lesser setback than required at 410 11th Avenue South. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit was filed with the City of Hopkins on October 10, 1985. 2. That the Hopkins Planning Commission reviewed such application on October 29, 1985. 3. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on October 29, 1985, all persons present at the hearing were given an opportunity to be heard. 4. The written comments and analysis of the City Staff and Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the City of Hopkins City Council makes the following Findings of Fact in respect to Conditional Use Permit No. 85 -53: 1. A Conditional Use Permit is a permit specially and individually granted by the Council after public hearing thereon by the Commission for purposes specified in the Ordinance. 2. Billboards within an I -2 District require a 20 foot side yard setback. 3. The slope of the property to the west would cause the applicants sign not to be visible by traffic. Adopted this day of , 1985. Ellen Lavin, Mayor