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11-26-1985A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, November 26, 1985, at 7:30 p.m., in the Council Chambers of the City Hall. Present were Chairman Folk, members Bourne, Brandon, Janke, Kirscht and Shirley. Also present were City Manager Rapp, City Engineer Strojan, Community Development Director Kerrigan and Community Development Analyst Anderson. Item: Mr. Janke moved and Mrs. Brandon seconded a motion that the minutes of the Special Meeting, November 18, 1985 be approved and signed. Motion carried. Case No: Hearing to consider rezoning the Northwest ; of the Southwest ; of VN -85 -40 Section 25, Township 117, Range 22, lying south of the northerly 600 6 -56 feet and west of the east 195 feet from-R -6 Residential to I -1 Industrial; and that part of the east 195 feet of the Northwest ; of the Southwest 4 of Section 25, Township 117, Range 22, lying south of the north 433 feet from R -6 Residential to R -2 Residential, continued from the October 29th meeting pending Council action regarding the Berglund- Johnson property rezoning. Action: Mr. Kirscht moved and Mrs. Brandon seconded a motion recommending to the Council approval of a Resolution Approving the Rezoning of the above described property from R -6 to I -1 based on the fact that the land is of an unstable condition and it brings the zoning into conformance with the Comprehensive Plan, the change from R -6 to R -2 based on the fact that there is a desire to keep a buffer between the residential area and industrial area and desire for open space, and the continuation of the existing R -2 Residential area of Westbrooke. Motion carried. Mr. Shirley abstained being that he was not present for the discussion. Item: Referral by Council to Zoning and Planning Commission for findings to 57 -93 support their recommendation of denial of the request by Midwest Outdoor Advertising for a Conditional Use Permit to place a sign in a lesser set- back than required at 410 llth Avenue South. Action: Mr. Kirscht moved and Mr. Janke seconded a motion recommending to the Council approval of a Resolution Denying Conditional Use Permit to place a sign in a lesser setback than required at 410 llth Avenue South. Motion carried unanimously. Item: Referral by Council to Zoning and Planning Commission for findings to 94 -299 support their recommendation of approval of a request by Brian Zubert for a variance for parking for a car care facility at the southwest corner of llth Avenue and 7th Street South. Applicant withdrew application for the variance based on revision of his plans which eliminated the need for the variance. Action: Mr. Janke moved and Mr. Kirscht seconded a motion recommending to the Council approval of the Conditional Use Permit based on the revised plans which accomplished the expanded parking, handicap space, concrete curb on llth Avenue South and planting of 21/2" trees. Motion carried. Mr. Strojan informed the applicant that the City would recommend concrete curb and gutter on 7th Street which would be assessed to benefitting property. Item: Mr. Kerrigan informed the Commission that their action at the Special 300 -381 Meeting on November 18, 1985, denying the request for rezoning of the property bounded by 7th Avenue South, 5th & 6th Streets South from I -1 Industrial to R -4 Residential would require Findings of Fact in the form of a resolution. Action: Mrs. Bourne moved and Mrs. Brandon seconded a motion recommending to the Council approval of a Resolution Denying the Rezoning based on the follow- ing Findings of Fact: 1. saturation of residential development south of Excelsior Boulevard; 2. increase in crime rate; 3. increased traffic with current traffic problems; 4. height of buildings not consistent with surrounding buildings; 5. noise levels; 6. emergency vehicle access at peak hours relative to traffic problems; 7. parking in residential area A Zoning and Planning Commission minutes of November 26, 1985 continued. (2) allows 1.4 ratio which is not sufficient. Motion carried. Case No: Hearing on an application by David Nygren of 53 Monroe Avenue South for VN -1 a variance to build an addition to a non - conforming garage. 382 -718 Mr. Nygren explained the request to the Commission stating that an honest mistake was made at the time that a building permit was issued to expand his garage. He was informed by staff that the garage was to be 20 feet from the alley. Applicant measured 20 feet from the concrete surface, not being aware that the right -of -way was 2 feet beyond the surface. At that time he had the footings in which were also in line with the existing garage. He also stated that the existing garage is in poor condition, he has two vehicles which he wishes to be off the street for snow removal and that visibility is a safety problem. Action: Mr. Janke moved and Mr. Kirscht seconded a motion recommending to the Council approval of the variance to enlarge a non - conforming garage at 53 Monroe Avenue South based on the fact that it will not alter the character of the neighborhood, there was an honest misunderstanding in determining location which has created a hardship, it will remove the second car from the street or driveway for snow removal and encroachment into an already small rear yard. After discussion of the motion and the statement by staff that non-con- forming uses cannot be enlarged, the motion and second was withdrawn. It was stated that a new garage could be constructed with a variance granted to accomplish the request. Mr. Janke moved and Mr. Kirscht seconded a motion recommending denial of the request to expand a non - conforming use. Motion carried unanimously. Mr. Janke moved and Mr. Kirscht seconded a motion recommending to the Council approval of a Resolution Approving a Variance to place a new garage with a lesser setback than required based on the following Findings of Fact: 1. it will not alter the character of the neighborhood, 2. it will remove the second car from the street or driveway for snow removal, 3. encroachment into an already small rear yard. Motion carried. Case No: Hearing on an application by Anthony J. Inman - Koval of 246 13th Avenue VN -2 North for a variance to build a garage within the required 20 foot setback 716 -807 for a vehicle entrance. Mr. Inman -Koval explained the request to the Commission stating that he would like to save the large tree at the rear of the garage, that there is a steep slope in the backyard which would make it difficult to construct the garage back farther and he would like to keep the garage entrance in line with the garage across the alley. Action: Mr. Kirscht moved and Mr. Janke seconded a motion recommending to the Council approval of a Resolution Approving the Variance to construct a garage at less than the minimum vehicle entrance at 246 13th Avenue North based on the following Findings of Fact: That placement of a garage on the lot is limited due to a steeply sloping back yard, a special con- dition exists due to the fact that a large tree is located on the site and with the condition that the resident not park in the boulevard on a routine basis and that the garage not be constructed closer to the street than the garage to the west. Motion carried. Mr. Folk voting nay. Item: Review of the Redevelopment Plan of the Hopkins Housing and Redevelopment Authority of Hopkins Minnesota entitled "SOUTH CBD REDEVELOPMENT PROJECT" Mr. Kerrigan reviewed the plans for expansion of the redevelopment district which gives the City a tool for implementing improvements in the area. He stated that there is a developer interested in the Moline site who would consider office /warehouse, 225 residential units and 68000 square feet of office development. This would also include removal of the CPT building Zoning and Planning Commission minutes of November 26, 1985 continued. (3) and the White Motor Company building. The City is in the process of selling bonds for the proposed residential development of the White Motor property. Action: Mr. Kirscht moved and Mrs. Bourne seconded a motion to adopt RESOLU- TION NO. Z85 -1 "RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT ENTITLED HOPKINS CBD REDEVELOPMENT PROGRAM" based on the Hopkins Zoning and Planning Commission finding the proposed amendment to the plan consistant with the overall development plan and goals for the City, the Hopkins Zoning and Planning Commission finds the proposed amendment consistent with changes proposed in the 1990 Comprehensive Plan, the Hopkins Zoning and Planning Commission recommends to the Hopkins City Council that the pro- posed amendment be adopted and that staff review and modify the boundaries as needed with the legal requirements of the tax increment district, and based on nothing being predetermined for the 9 acre parcel previously reviewed for rezoning. Said resolution to be revised to include date of November 15, 1985. Motion carried unanimously. Item: Discussion on Billboards. The Commission reviewed comments from the City Attorney and requested staff to draft an ordinance to preclude billboards in the future with a 10 year life for those existing, and to consider drafting an ordin- ance eliminating billboards on railroad right -of -way for a future meet- ing. Item: It was the decision of the Commission that the next regular meeting of the Hopkins Zoning and Planning Commission would be on Monday, December 30th due to the holiday. Action: Mr. Janke moved and Mrs. Brandon seconded a motion that the meeting be adjourned. Motion carried. ATTEST: James Folk, Chairman MEMBERS: