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1993-031 ~~ o o o :~ CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 93-31 RESOLUTION MAKING FINDINGS OF FACT AND DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT WHEREAS, an application for a conditional use permit for an auto sales lot, CUP 93-1, has been submitted by Joe Garber to the City on December 28, 1992; and WHEREAS, the Hopkins Planning Commission, pursuant to published and mailed notice, held a public hearing on January 26, 1993, February 23, 1993 and March 30, 1993 and considered the application; and WHEREAS, written and oral reports, comments and analysis have been submitted to the City Council by the City staff and the Planning Commission; and WHEREAS, based on all the documents and information that have been submitted to the City Council, the City Council makes the following findings pertaining to the application for CUP 93-1: 1. The site plan for the proposed auto sales lot does not meet the requirements for a conditional use permit as set forth in Section 535.03, subd. 2A, in the City'S zoning ordinance because the applicant has not provided for a 20- foot front yard setback as required by section 550.03, subd. 6, of the City'S zoning ordinance. 2. The south edge of the southerly driveway of the property on sixth Avenue is 17 feet north of the north curb line of Mainstreet. The location of this driveway creates conflicts with turning movements at the intersection because additional turning movements are necessary due to the close proximity of the driveway to the intersection. Additional distance is needed to insure that a vehicle can pullout onto sixth Avenue and be completely facing the direction of traffic. 3. The 17-foot separation between the driveway and Mainstreet does not comply with the recommendation of the Institute of Transportation Engineers in "The Guidelines for Driveway Design and Location" 1985. Those guidelines recommend a 37-foot spacing separation. 4. The close proximity of the southerly driveway on sixth Avenue creates a situation where existing traffic from the site has a greater difficulty turning into sixth Avenue, creating additional conflicts with northbound traffic on sixth Avenue. .."1l "" ~ "'.11 RESOLUTION NO: 93-31 Page 2 o 5. The close proximity of the southerly driveway on sixth Avenue to Mainstreet does not provide adequate sight distance or field of vision when a vehicle is pulling out of the property onto sixth Avenue and when a vehicle is entering onto the property from Mainstreet. 6. The applicant has stated that he is not willing to close the southerly driveway on sixth Avenue and is not willing to comply with the 20-foot front yard setback requirement of the City's zoning ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council for the City of Hopkins that based on the above findings, the application for CUP 93-1 is denied because: 1. The applicant has not complied with section 535.03, subd. 2A, of the City's zoning ordinance. 2. The applicant has not complied with section 550.03, subd. 6, of the City's zoning ordinance. 3. The application is not consistent with the health, welfare and safety of the City. o Adopted this 20th day of April, 1993. ~. o