Zoning & Planning Commission Minutes

November 28, 2006

A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, November 28, 2006, at 6:30 p.m. in the Council Chambers of Hopkins City Hall.

Present were Commission Members, Peter Sholtz, Kathy Newcomb, Kyle Skiermont, Bob Hatlestad, Virgil Aarness, Linda Flynn and Jannina Aristy. Also present was City Planner Nancy Anderson.

  1. Call To Order
    Mr. Sholtz called the meeting to order at 6:30 p.m. in the Council Chambers..
  2. Approval of Minutes
    Mr. Aarness moved and Mr. Hatlestad seconded the motion to approve the minutes of the October 24, 2006, regular meeting.  The motion was approved unanimously. 
  3. Business
    1. CASE NO. CUP06-5 CONDITIONAL USE PERMIT - FENCE
      Ms. Anderson reviewed the proposed fence. The applicants, Dee and Trygve Pederson, appeared before the Commission. Mrs. Pederson stated that they wanted a solid fence for a noise barrier from the swimming pool, to cover the white fence, and to block the neighbor’s garbage can.
          The public hearing was opened at 6:45 p.m. Mark Van Ert of 221 Oakwood appeared before the Commission. Mr. Van Ert owns the property to the rear of 220 Interlachen, which includes the swimming pool. Mr. Van Ert spoke against the solid fence. Mr. Van Ert was concerned with the precedent it would set in the neighborhood. Roger Nolby of 210 Interlachen appeared before the Commission. Mr. Nolby spoke in favor of the fence.
          Mr. Aarness moved and Mr. Skiermont seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:55 p.m.
          Mr. Skiermont moved and Ms. Flynn seconded a motion to adopt Resolution RZ06-28, recommending denial of a special purpose fence.  The motion was approved unanimously. 
    2. CASE NO. VN06-5 VARIANCE – 620 TENTH AVENUE SOUTH
      Ms. Anderson gave an overview of the variance.  Frank Petruska, the applicant, appeared before the Commission.  No one else appeared regarding this issue.
          Mr. Aarness moved and Ms. Aristy seconded a motion to adopt Resolution RZ06-31, recommending approval of a sideyard variance. The motion was approved unanimously.
    3. CASE NO. VNZ06-6 VARIANCE VACANT LOT SOUTH OF 620 TENTH AVENUE SOUTH
      Ms. Anderson reviewed the proposed variance and the reasons staff is recommending denial.  Mr. Petruska, the applicant, appeared before the Commission.  Jackie Lewis of 628 Tenth Avenue South appeared before the Commission.  Ms. Lewis was not in favor of the variance.  Ms. Lewis stated that there was no hardship and the two-story home to be constructed would be for Mr. Petruska’s financial gain.
          Mr. Aarness moved and Ms. Aristy seconded a motion to adopt Resolution RZ06-32, recommending denial of a sideyard variance. The motion was approved unanimously.
    4. CASE N0. SPR06-5 SITE PLAN REVIEW – BLOCK 64
      Ms. Anderson reviewed the proposed development.  Charlette Flanagan of GPS Development , LLC,  appeared before the Commission.  Ms. Flanagan reviewed the proposed development.  No one else appeared regarding this item.
          Ms. Flynn moved and Mr. Hatlestad seconded a motion to adopt Resolution RZ06-34, recommending approval of a site plan for the Sixth and Main development.  The motion was approved unanimously. 
    5. CASE N0. ZN06-15 PLANNED UNIT DEVELOPMENT – BLOCK 64
      Ms. Anderson reviewed the reasons for the PUD overlay zoning.  Charlette Flanagan of GPS Development, LLC, appeared before the Commission.  No one else appeared regarding this item.
         Ms. Flynn moved and Mr. Hatlestad seconded a motion to adopt Resolution RZ06-35, recommending approval of Ordinance 06-978, placing an overly zoning of Planned Unit Development for the property on the entire block between Fifth and Sixth Avenues, north of Mainstreet and south of First Street North.   The motion was approved unanimously.
    6. CASE N0. SUBD06-2 PRELIMINARY/FINAL PLAT – BLOCK 64
      Ms. Anderson stated that the entire block would be one lot.  Charlette Flanagan of GPS Development, LLC, appeared before the Commission.  No one else appeared at the meeting regarding this item.
          Ms. Flynn moved and Ms. Newcomb seconded a motion to adopt Resolution RZ06-36, recommending approval of a preliminary/final plat for the Sixth and Main development. 
         The motion was approved unanimously. 
    7. CASE N0. CUP06-7 CONDITIONAL USE PERMIT – RESIDENTIAL IN B-3  BLOCK 64
      Ms. Anderson reviewed the conditional use permit. Charlette Flanagan of GPS Development LLC, appeared before the Commission. Mr. Aarness expressed concern that an individual could buy several units and rent them. Mr. Aarness suggested that an additional condition be added that no more than 15 percent could be rented.  The Commission discussed this issue and recommended that an additional condition be added that no more than 10 percent of the units can be rented. No one else appeared at the meeting regarding this item.
          Mr. Hatlestad moved and Mr. Aarness seconded a motion to adopt Resolution RZ06-38, recommending approval of a conditional use permit to allow residential in a B-3 zoning district. The motion was approved unanimously. 
    8. CASE NO. ZN06-14  ZONING AMENDMENTS
      Ms. Anderson reviewed the proposed ordinance amendments. There was considerable discussion on the amendment to the auto sales lots. The Commission decided to remove this amendment at this time.  No one appeared regarding the ordinance amendments.
          Mr. Aarness moved and Ms. Aristy seconded a motion to adopt Resolution RZ06-33, recommending approval various amendment to the zoning ordinance.  The motion was approved unanimously. 
  4. Adjournment
    Mr. Sholtz moved and Mr. Hatlestad seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 8:35 p.m.