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Variance Request-1601 Main• • PURPOSE: PLANNING COMMISSION REPORT NO. VN -85 -3 VARIANCE REQUEST - 1601 MAINSTREET CITY OF HOPKINS December 17, 1985 Recommend action on a parking variance, a front yard setback variance and a sideyard setback variance at 1601 Mainstreet. BACKGROUND: The following is a summary of the pertinent information relating to this appli- cation: Name of Applicant: Han -San Lee Address of Property: 1601 Mainstreet Present Zoning: B -3 Variance Requested: A parking variance for 63 cars, a front yard setback for 20 feet and a side yard variance for 10 feet. This request is in conjunction with the application for Conditional Use Permit at this site. The applicant is proposing to remodel the building at 1601 Mainstreet, the current site of Phils Deli. He is proposing to add a kitchen in a space that is now a one bedroom apartment. The current structure contains a delicatessen, a two bedroom and a one bedroom apartment. Since the use is changing, the applicant is required to provide parking for the new use. The site has no on site parking. The current business uses on street parking along Mainstreet and 16th Avenue. Mainstreet has two hour parking from 8:00- 6:00, 16th Avenue has 30 minute parking 8:00 -6:00 on the west side and no . restrictions on the east side. The City Engineer is concerned that a probable result of no on -site parking will be parking in the adjacent residential areas. Ordinance 427.45(14) requires at least one parking space for each fifteen (15) square feet of floor area. The applicant would be required to provide 63 parking spaces, this definition would seem to be for a franchise type operation like McDonalds or Burger King. 427.36 requires that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than 10 feet. The present building is approximately one foot over the lot line on the south and east lot lines. Businesses are currently located to the west, east and south, a residential area is to the north. The applicant has contacted adjoining property owners as listed and none have objected. • • REPORT NO. VN -85 -3 Page 2 ANALYSIS: It seems the most relevant problem in this case is that the Zoning Ordinance does not address this specific type of business the applicant is proposing. The Zoning Ordinance lumps all quick order restaurants into one category whether it be a high traffic Burger King or a lower traffic Chinese restaurant. The setback requirements appear to be intended for a quick order restaurant operation and not a business such as the applicant is proposing. With respect to the parking variance, it seems improbable that this type of business would need 63 parking spaces, however this business should generate more traffic than the current business. It may be appropriate to have a review clause in 6 months or a year to review the parking situation. It may be possible in the future for the applicant to provide some on -site parking in the area north of the two bedroom apartment. RECOMMENDATION: I recommend granting of the variances with the condition that the applicant's parking situation be formally reviewed nine months after the remodeling has been completed. If it is determined that more parking is needed, the applicant be re- quired to provide at least 4 on -site parking spaces. Nancy'. Anderson, Analyst Comiunity Development • RESOLUTION NO. 86- CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPLICATION FOR VARIANCE VN -85 -3 WHEREAS, an application for Variances entitled VN -3 has been made by Han -San Lee, 1601 Mainstreet, for parking, front yard setback and sideyard setbackto operate a quick order restaurant. WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN -3 was filed with the City of Hopkins on November 12, 1985. 2. That the Hopkins Planning Commission reviewed such application on December 30, 1985. 3. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on December 30, 1985; all persons present were given an opportunity to be heard. 4. 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 VN -3: 1. That a unique circumstance exists since the building is already constructed. 2. The applicant be required to have the parking situation reviewed as specified by the Zoning and Planning Commission. 3. That the granting of these variances is keeping with the intent of the ordinance. BE IT FURTHER RESOLVED, that application for Variance VN -85 -3 is hereby approved subject to the following conditions: 1. That parking be formally reviewed nine months after remodeling is completed. 2. Applicant provide at least 4 on -site parking spaces if it is determined necessary at time of review. Adopted this day of 1986. Ellen Lavin, Mayor Description: Lot 11, Block 7, Gibbs First Addition to West Minneapolis, Scale: 1" = 16 , hereby certify that this is a true and correct representtion of a survey c r boundries of the lnd above described and of the location cf all huilci any, thereon, and alt t visible encroachments, if any, from or on said Ianc. D a e d this 8th day of File No,i 5406 may , 1963. Book No.; 1632 - 111 EGAN, FIELD e. NO AK //Surveyors by// 7: 6z-z y Adjoining property owners contacted