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04-30-1985A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, April 30, 1985, at 7:30 p.m., in the Council Chambers of the City Hall. Present were Chair Eddy, members Berg, Folk, Janke, Kirscht and Milbert. Also present were Community Development Director Kerrigan, Community Development Analyst Anderson and City Engineer Strojan arrived later in the meeting. Item: Mr. Janke moved and Mr. Kirscht seconded a motion that March 26, 1985 meeting be approved and signed. Motion the minutes of the carried. Case No: Hearing on an application by Rapid Oil Change Inc. of 84 -09 Avenue for a variance to expand a non - conforming use, 4 -70 March 26, 1985 meeting. Mark Healy, representing Rapid Oil Change, reviewed the request with the Commission stating the need for a third bay with some storage and that the request for the variance is to keep the present alignment of the building. The entire structure will be painted when the construction is completed. The Commission suggested that some landscaping be added and asked if the fuel tanks had been removed or filled. Mr. Healy thought that they had been filled but was not sure. Action: Mr. Kirscht moved and Mr. Berg seconded a motion recommending to the Council approval of the variance to expand a non - conforming use for addition of a third bay, keeping the alignment of the existing structure, with total paint- ing when complete, removal of the tanks if it has not been done, and a land- scape plan reviewed by staff prior to the Council meeting. Motion carried unanimously. Case No: Hearing on an application by Share Clinic for a Conditional Use Permit to 85 -15 change the location of the sign at 712 Second Avenue South. 74 -120 1124 East Excelsior continued from the Greg Bradbury, representing Share Clinic, reviewed the request with the Commission stating that the sign could not be viewed at the present location at the southeast corner of the site. The request is to move the sign the northeast corner of the site. Action: Mr. Folk moved and Mr. Janke seconded a motion recommending to the Council approval of the Conditional Use Permit to move the sign from the southeast corner of the site to the northeast corner. Motion carried unanimously. Case No: Hearing on an application by Leroy Herman of 416 Murphy Avenue for a variance 85 -16 to construct a garage that exceeds the maximum square footage allowed. 121 -229 Mr. Herman reviewed the request with the Commission stating his need for a larger garage to store all his equipment. He also stated that his lot sup- ports a garage that size without any sideyard variances. Action: Mr. Folk moved and Mr. Janke seconded a motion recommending to the Council denial of the request due to lack of a hardship. Motion failed. Mr. Berg, Mr. Kirscht, Mr. Milbert and Chair voting nay. Mr. Milbert moved and Mr. Berg seconded a motion recommending to the Council approval of the variance to construct a garage 22'x28' based on the size of the lot. Motion carried. Mr. Folk and Mr. Janke voting nay. Case No: Hearing on an application by J. B. Doughty of 6 East St. Albans Road for a 85 -18 Waiver of the Platting Requirements to divide said property. 230 -290 Mr. Doughty Sr. & Jr. explained the request to the Commission stating that the division is for construction of a new residence and that an easement would be obtained for driveway. Action: Mr. Janke moved and Mr. Kirscht seconded a motion recommending to the Council approval of the Waiver of Platting Requirements to divide the property at 6 East St. Albans Road subject to owner getting proper legal description approved by the County and the proper easement for driveway filed. Motion carried unanimously. Zoning and Planning minutes of April 30, 1985 continued. (2) Case No: Hearing on an application by Hopkins Health Care of 724 Washington Avenue 85 -19 South for a Conditional Use Permit to locate a sign in the rear yard setback. 291 -333 Marie Nelson, Administrative Assistant, and James Foreberg, reviewed the request with the Commission. Action: Mr. Janke moved and Mr. Kirscht seconded a motion recommending to the Council approval of the Conditional Use Permit to locate a sign in the rear yard setback. Motion carried unanimously. Mr. Kirscht removed himself from the discussion for the Rudy Luther requests due to conflict of interests. Case No: Hearing on an application by Rudy Luther's Hopkins Motors Inc. to rezone 85 -17 from R -1 -C to B -3 a portion of the Hopkins Theatre property at 459 West 335 -1065 Excelsior Avenue. Mr. Gordon Nelson, General Manager, and Mr. Jon Baker, architect, reviewed the request with the Commission stating that it is best for their interests to have all the property under one zone, and that they would agree to some type of restriction preventing them from encroaching into the residential neighborhood. Many residents of the area spoke in regard to keeping the theatre property as is, checking to see if it would be eligible for the historical register. Also, there were some comments against the present use of the property and problems involved. Mr. Engler told the Commission that it is no longer possible to continue that business due to the high taxes and other business problems involved. Residents stated concern in regard to some type of barrier between the business and residential area. Action: Mr. Berg moved and Mr. Janke seconded a motion recommending to the Council approval of the zoning change from R -1 -C to B -3 as proposed with the following conditions: (1) that the Comprehensive Plan be amended accordingly and approved by the Metropolitan Council; (2) that an agreement be entered into between the applicant and City Council that would incorporate the safeguards to prevent Rudy Luther's Hopkins Motors or its successors or assigns from expanding into any 'R' zone for parking purposes; (3) that it be contingent on the approval of the Conditional Use Permit that is pending before us. Motion carried. Mr. Kirscht abstained. Note: The Commission is leaving it to the wisdom of the Council and City Attorney to determine whether a strip zone or a restriction such as was used with Super Valu would best accomplish the purpose. Mr. Berg moved and Mr. Folk seconded a motion to recommend approval of an amendment to the Comprehensive Plan to reflect the change in zoning subject to approval by the Metropolitan Council. Motion carried unanimously. Case No: Hearing on an application by Rudy Luther's Hopkins Motors Inc. for a 85 -20 Conditional Use Permit to operate an auto sales and service business at 1066- 459 West Excelsior Avenue. Tape #2 142 Mr. Nelson and Mr. Baker reviewed the building plans with the Commission stating there would be a 20 foot landscaped setback, showroom would be on 5th & Excelsior Avenue - 'L' shaped, service department to the north end of the structure, exterior to be brick and block with a metal band at the top which will be painted but the color has not been determined at this time. They are discussing the issue with the Design Committee at the present time. Mr. Berg reviewed a letter from the City Attorney regarding the project and also his letter as Chairman of the Economic Development Committee. Action: Mr. Berg moved and Mr. Folk seconded a motion recommending to the Council approval of a Conditional Use Permit to operate an auto sales and service business as presented with the following conditions: (1) that an agreement be entered into with the City and applicant to prevent Rudy Luther's Hopkins Motors from expanding into the residential district for development including parking purposes; (2) that an agreement be entered into that would provide Zoning and Planning minutes of April 30, 1985 continued. (3) for the current location of the Rudy Luther Hopkins Motors being continued, the applicant would waive relocation expenses, would accept the appraisal arbitration process to determine market value and would not claim any partial taking involving the operation on their new site, waivers be a period of three years (all these relate to possible condemnation or use of the property for development purposes); (3) that there would be no external loud speaker system; (4) approval by the Fire Marshal; (5) adjust- ments to parking to satisfy staff concerning maneuverability for the public parking; (6) limitations on test- driving within the residential area; (7) maintenance of landscape areas on City property; (8) acs n ahlp andsaping including fences and or berms acceptable to staff and neighbors; (9) screen - ing o mechanical devices; (10) off - street loading and unloading of parts and cars; (11) contingent upon approval of the variance in Case 85 -21. Motion carried. Mr. Kirscht abstained. Case No: Hearing on an application by Rudy Luther's Hopkins Motors Inc. for a variance 85 -21 for an auto sales lot to be larger than the building designated to the 132 -157 business. Action: Mr. Milbert moved and Mr. Folk seconded a motion recommending to the Council approval of the variance as this part of our ordinance may be outdated. Motion carried. Mr. Kirscht abstained. Case No: Hearing on an application by Rudy Luther's Hopkins Motors Inc. for a Condition - 85 -22 al Use Permit to locate a sign in the front yard setback of the proposed pro - 159 ject at 459 West Excelsior Avenue. Action: Mr. Milbert moved and Mr. Folk seconded a motion to table this case until a design has been worked out. Motion carried. Case No: Hearing on an application by Rudy Luther's Hopkins Motors Inc. for a Variance 85 -23 to allow a sign to exceed the maximum height of 35 feet. 219 Action: Mr. Milbert moved and Mr. Folk seconded a motion to table this case until the sign design has been resolved. Motion carried. It was stated that the applicant should limit the height of the sign to 35 feet unless they have asign unique or similar to the existing tower or beacon. Case No: Hearing on an application by Hopkins School District No. 270 for a Variance 85 -24 to exceed the maximum area of a single sign and also to exceed the total 221 -398 area of all signs. The applicants stated that the building is not dedicated to one use therefore they need more room to indicate activites and also the setback from the highway and speed of the vehciles make it necessary. They have been offered a sign that is aesthetically pleasing to the property and at a reduced price which makes it feasible. Action: Mr. Folk moved and Mr. Berg seconded a motion recommending to the Council approval of the variance to exceed the maximum area of a single sign due to the setback and frontage road subject to no use of any other signs or banners on the property. Motion carried. Mr. Milbert voting nay. Case No: Hearing on an application by Gil Johnson for a Waiver of the Platting Require - 85-25 ments to allow division of Lot 13, Block 71, West Minneapolis Second Division 400 -409 also known as 1213 West Excelsior Avenue. Due to the lateness of the meeting, Mr. Johnson was unable to stay to present his case. Action: Mr. Berg moved and Mr. Janke seconded a motion recommending to the Council approval of the Waiver of Platting Requirements subject to a legal description acceptable to City and County being provided. Motion carried unanimously. Item: Five Year Capital Budget Workplan continued from the March 26, 1985 meeting. s Zoning and Planning minutes of April 30, 1985 continued. (4) Action: Mr. Berg moved and Mr. Folk seconded a motion to continue this item to the May 28, 1985 meeting. Motion carried. Item: Sign ordinance relating to commercial uses in residential districts referred to Zoning and Planning by Council for their review. Action: Mr. Berg moved and Mr. Folk seconded a motion to continue this item to the May 28, 1985 meeting. Item: Landfill lease by Lambert Landscaping & Sod, referred to Zoning and Planning by Council for their review. Susan Lambert explained the request to lease land for a seasonal landscaping business. The Commission stated that there are no retail uses on the property at the present time. Action: The Commission recommends that the lease be granted but in the future, the neighborhood should be included in the discussion on future uses by means of a hearing. Item: Discussion of appropriate use of the Berglund and Johnson parcel of and 539 located in the southwest corner of Hopkins. Mr. Don Brauer presented the proposal to the Commission stating that the owners have been unable to sell the land for industrial use. The owners have been approached regarding a residential development of the property. The present zoning is R -6. After Considerable discussion, Chair recommends having a hearing to change the zoning to meet the Comprehensive Plan. Staff was instructed to check to see if there are any others parcels to be considered at the time of hearing. Mr. Folk moved and Mr. Kirscht seconded a motion that the meeting be adjourned. (1:00 A.M.) ATTEST: Jeanne Eddy, Chair MEMBERS: