09-25-19844
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A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday,
September 25, 1984, 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 City Engineer Strojan, Community Development Director Kerrigan, and Community
Development Analyst Anderson. Mr. Craig was late due to another meeting.
Item: Mr. Folk moved and Mr. Janke seconded a motion that the minutes of the
August 28, 1984 meeting be approved and signed. Motion carried.
Case No: Hearing on an application by Lombard Properties to consider vacating the
84 -21 south one -half of Fifth Street South between the east line of Second Avenue
7 -176 South and the west line of County Road 18, continued from the August 28, 1984
meeting.
Judith Bright of Lombard Properties reviewed the request with the Commission
stating that the vacation would give the City access to a hydrant located
near County Road 18 and a storm sewer.
Action: Mr. Folk moved and Mr. Kirscht seconded a motion recommending to the Council
denial of the vacation. Motion carried unanimously.
Case No: Hearing on an application by Paul Steiner to rezone from R -2 Residential to
84 -28 I -1 Industrial the South one -half of the Southeast quarter of the Southeast
181 -892 quarter of Section 25, Township 117, Range 22.
Tom Kordonowy represented Paul Steiner and reviewed the proposal with the
Commission. He stated that they would use 4.5 acres of the parcel and the
remaining 17 acres would be donated to the City.
Action: Mr. Folk moved recommending to the Council approval of the rezoning of the
parcel of land from R -2 to I -1. Motion died for flack of a second.
Mr. Kirscht moved and Mr. Janke seconded a motion recommending to the Council
denial of the petition because the request is premature, the access is not
defined and there is a need to look at a larger area for rezoning.
Motion carried. Mr. Folk voting nay.
The Commission stated that they would like to see more of the proposal on
the next agenda.
Case No: Hearing on an application by James Justus for a variance to exceed the allow -
84-29 able square footage for signage by 1133 square feet at 330 - 11th Avenue
893 -1337 South.
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1 -72 Jim Justus stated that need for the signage is for recognition due to the
setback from County Road 3 and from the other businesses.
In the discussion it was brought out that the frontage of the property is
figured on 11th Avenue and if the frontage were figured on County Road 3
they would be allowed more signage.
Action: Mr. Folk moved and Mr. Berg seconded a motion that the request be continued
to the October meeting for revisions of the request based on closer confor-
mance to the Ordinance and consideration of fronting on County Road 3.
Motion carried unanimously.
Item: Mr. Milbert moved and Mr. Folk seconded a motion that Case No. 84 -35 be
heard at this time as the following cases will probably take more time.
Motion carried.
Case No: Discussion of vacated Burlington - Northern Railroad right -of -way on Official
84 -35 Map for future street development from Second Street North to the Northerly
85 -177 City Limits.
Mr. Chuck -Tschida was spokesman for the area residents. Basically they
wanted to know what plans the City had for the right -of -way and at this
time the residents don't really know what they would or wouldn't like.
They do want to be informed of any plans for the area.
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Page 2 of
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Zoning and Planning Minutes of September 25, 1984.
Action:
Mr. Milbert moved and Mr. Berg seconded a motion recommending to the Council
that the vacated Burlington- Northern Railroad right -of -way be placed on the
Official Map for public use and that the neighborhood be advised of any
proposals.] Motion carried unanimously.
Case No:
Hearing on; an application by Ryan Construction /Walser Properties for a
84 -30
Conditional Use Permit to fill the site at 314 Excelsior Avenue West with
185 -1091
9000 cubic yards.
Mr. Jerry Wayne of Walser and Mr. Jim Zahn of Ryan Construction reviewed
the overall plans for development of the property. Mr. Kirscht showed
concern regarding the 4% grade of the property, and asked if it wouldn't
be more reasonable to have a grade of 2 -3 %, and that the berm be adjusted
according 'o the grade.
Residents of the Parkridge Addition spoke in regard to the proposal. They
have met with Walser and are in favor of the project except that they do
not want a!fence constructed on the lot line at this time. If they feel
it is necessary in the future the fence would be installed at Walsers expense.
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Action:
Mr. Folk moved and Mr. Milbert seconded a motion recommending to the Council
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approval of the Conditional Use Permit to fill the site with 9000 cubic yards
and if any changes in the fill should occur, the berm would be adjusted.
Vote 3 - 3. Mr. Berg, Mr. Kirscht and Ms. Eddy voting nay as they were in
favor of the reduced grade.
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Case No:
Hearing on.an application by Ryan Construction /Walser Properties for a
84 -32
Variance from 427.36(A) which requires sales lot shall not be larger in
square footage than the square footage of the building devoted to the re-
lated business.
Mr. McDonald, Hopkins resident, spoke against the project as a whole and
feels that'it should not be there, it is too big for the parcel of land.
Action:
Mr. Berg moved and Mr. Milbert seconded a motion recommending to the Council
approval of the variance based on lot dimensions and topography of the
adjacent street and railroad right -of -way affect on the property. Motion
carried. Mr. Folk and Ms. Eddy voting nay as there is no hardship stated.
Case No:
Hearing onlan application by Ryan Construction /Walser Properties for a
84 -31
Conditional Use Permit as specified in Section 427.26 for construction of
178 -721
a building over $75,000.
Action:
Mr. Berg moved and Mr. Janke seconded a motion recommending to the Council
approval of the Conditional Use Permit for a building over $75,000 con -
tingent on;(1) that if the railroad right -of -way is deleted from the
property additional landscaping be required, (2) subject to County ap-
proval of the drainage, (3) subject to Fire Marshal approval, (4) under-
ground tanks be replaced and not used for fuel, (5) acceptable arrange-
ment with City for use of City owned property, and (6) there be no sales
activity o the northerly parcel to be used as a storage lot only. It
was statedithat a fencing and landscape plan be submitted at a subsequent
meeting. Motion carried. Ms. Eddy voting nay.
Case No:
Hearing on�an application by Ryan Construction /Walser Properties for a
84 -33
Variance to erect a sign which exceeds the maximum allowable height of
722 -1031
35 feet and a variance for three signs to exceed the maximum area of a
sign by 5& square feet each.
It was stated that the height variance was to attract attention from
County Road 18.
Action:
Mr. Folk moved and Mr. Janke seconded a motion that the hearing be continued
to the October meeting to give the applicant time to comply with the ordin-
ance, unacceptable parts of the request being on -facia signs and height.
They are to comply with the ordinance or submit a statement on the reason
for the increased height and area. Mr. Milbert voting nay..
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Page 3 of Zoning and Planning Minutes of September 25, 1984.
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Case No: Hearing on an application by Ryan Construction /Walser Properties for a
84 -34 Variance not to construct a fence along an auto sales lot abutting an
1035 -1052 R- District.
The issue was discussed by the neighborhood and they stated they do
not want a fence constructed at this time, if it is needed in the
future, Nalser will construct a fence at their expense.
Mr. Folk moved and Mr. Berg seconded a motion recommending to the Council
approval of the variance subject to if the need arises either from the
neighbors or the applicant that the fence will be constructed at Walsers
expense; Motion carried.
Item: Annual .Review of the following items of previous Planning and Zoning
actions
U -Haul Variance to allow residential use on first floor within a business
district.
Mr. Berg moved and Mr. Janke seconded a motion that staff investigate the
use andlreport back to the Commission at the next meeting. Motion, carried.
Midas Muffler Conditional Use Permit to allow a sign within the front yard
setback'.
Mr. Berg moved and Mr. Janke seconded a motion that the use continue with
no further annual review. Motion carried.
Hopkins Auto -X -Ray Conditional Use Permit to allow a sign within the front
yard setback.
Mr. Berg moved and Mr. Janke seconded a motion that the use be continued
with nofurther annual review. Motion carried.
Item: Discuss lion of Block 7 request for proposal.
It was the decision of the Commission to have a.joint meeting with Council
in October to discuss this proposal and acquisition of CBD properties.
Date toibe decided by staff and Commission to be informed.
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Action: Mr. Janke moved and Mr. Folk seconded a motion that the meeting be adjourned.
Motion carried.
MEMBERS:
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ATTEST:
ne