2019-053 A Resolution Denying a Rental License Application for the Property Located at 101 Oakwood Road CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-053
A RESOLUTION DENYING A RENTAL LICENSE APPLICATION FOR THE
PROPERTY LOCATED AT 101 OAKWOOD ROAD
WHEREAS,the applicant,ninety n ninety,LLC,a limited liability company formed under
the laws of the state of Minnesota (the "Applicant"), submitted a rental license application dated
April 10, 2019, (the "Application") for the property located at 101 Oakwood, Hopkins, MN (the
"Property"); and
WHEREAS,the Applicant subsequently submitted an updated and undated rental license
application whereby the Applicant sought a rental license "subject to [a] sober house."; and
WHEREAS, the Applicant also submitted a request for a reasonable accommodation to
the City's zoning code to allow more than four unrelated persons to reside together at the Property;
and
WHEREAS, the City Council previously reviewed the Applicant's request for a
reasonable accommodation and adopted Resolution 2019-047, denying such request; and
WHEREAS,without an accommodation to the City's zoning code,the Applicant is limited
to allowing no more than four persons to reside within the Property, as permitted in the City's
zoning code; and
WHEREAS, pursuant to section 407.07 of the City's code, a rental inspection is a
condition precedent to the issuance of a rental license,and the Applicant refused to allow City staff
an opportunity to inspect the Property in accordance with City Code and section 405 of the
Property Maintenance Code; and
WHEREAS, at its regularly scheduled meeting on June 4, 2019, the City Council held a
hearing, of which the Applicant was provided adequate notice, as required under section 407.14
of the City Code; and
WHEREAS, at the hearing, the Applicant was provided with an opportunity to speak on
the status of the Application, and to present evidence related to the Application; and
WHEREAS,section 407.14, subd. 4 of the City Code requires the City Council to make
findings and a decision based on such findings, and to notify the Applicant, in writing, within 30
days following the date of said hearing.
City staff had identified May 23,2019,as the date for such inspection. The Assistant City Manager was notified
by the Applicant on May 22,2019,that he would not be available for an inspection,and would not consent to
rescheduling such inspection at a later date.
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NOW,THEREFORE,BE IT RESOLVED based on the information provided by the
Applicant, and the evidence presented at the hearing before the City Council on June 4, 2019, the
City Council hereby denies the rental license application based upon the following findings of
facts:
1. The Applicant made oral or written misstatements accompanying the rental license
application. Notably, the Applicant failed to fully apprise City staff regarding the
intended use of the Property, as was evidenced by the Applicant's initial rental license
application which identified the purported use of the Property as a "spiritial [sic]
lodge",but which purported used changed to a"sober house"in the second application.
2. The Applicant has maintained the Property in a manner that creates a danger to the
public health, safety, or welfare of the general public. Prior to submission of the
Application, the Applicant allowed more than the maximum number of persons as
authorized by the City's zoning code to reside on the Property,and allowed conditions
to persist on the Property in a way that were injurious to the surrounding neighborhood.
Examples of such activity include the parking of vehicles in non-approved parking
locations, as was evidenced by the evidence and testimony provided by a group of
neighbors who appeared at the hearing.
3. The Applicant refused to permit City staff to conduct a rental dwelling inspection as
required under the City Code. Because of this failure, City staff was not able to judge
the suitability of the Property to be used in the manner proposed by the Applicant and
authorized by the City Code.
4. Because the Applicant's request for an accommodation was denied, the Applicant is
not authorized to allow more than four unrelated persons to reside together on the
Property, as outlined in the City's zoning code. Because the Applicant's application, in
conjunction with his statements to City staff, requested permission to allow more than
the maximum number of unrelated persons to reside on the Property, approval of a
rental license in accordance with such request would be an ongoing violation of the
City Code, and therefore is prohibited by section 407.14, subd. 1(i).
5. At several points, including prior to and near the end of the hearing, the Applicant
stated to City staff that he no longer wanted a rental license. However, because the
City did not receive a written withdrawal of the application, it was processed in the
ordinary course of business.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City
of Hopkins that the denial outlined herein shall apply to the Property located at 101 Oakwood
Road,and shall remain in effect until such time as the Applicant has obtained a valid rental license
from the City for the Property. Pursuant to section 407.15 of the City Code, the Applicant shall
refrain from engaging in the rental of any rental dwelling unit(s) located at the address above until
such time as a valid rental license is obtained.
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NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City
of Hopkins that all recitals set forth in this Resolution are incorporated into and made part of this
Resolution, and more specifically, constitute the express findings of the City Council. The City
Clerk shall provide written notice of this decision, by first class mail, to the Applicant within 30
days of the hearing date,June 4, 2019, as required by section 407.14, subd. 4 of the City Code. A
duplicate notice of this decision shall be sent to the building official.
Adopted by the City Council of the City of Hopkins this 181h day of June, 2019.
ATTEST:
omeier, City Clerk ason Gadd, Mayor
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