HomeMy WebLinkAbout17-04-16 RESOLUTION NO. 17-04-16
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST
FROM MIDSTATE LANDSCAPING AND EXCAVATING FOR A
CONDITIONAL USE PERMIT TO ALLOW A LANDSCAPING AND
EXCAVATION BUSINESS BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Jason Anderson
of Midstate Landscaping and Excavating for a Conditional Use Permit to allow landscape
materials and outdoor equipment storage at 5750 Memorial Avenue North; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended the application with conditions. The City Council of the City of
Oak Park Heights makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-3, Highway Business and Warehousing District
in which a landscape business and the outdoor storage of equipment requires a
conditional use; and
4. The site was previously used as a landscape business; and
5. There will be no significant changes to the building or site. No Design
Standards review is required; and
6. City staff prepared a planning report dated April 5, 2017 reviewing the
1*11*N request; and
7. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their April 13, 2017
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application with conditions.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted from Jason Anderson of Midstate Landscaping and
Excavating for a Conditional Use Permit to allow landscape materials and outdoor
equipment storage at 5750 Memorial Avenue North and affecting the real property as
follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The City Engineer shall approve any grading and berm work to contain the
n storage of materials on site. Any grading and drainage plans shall be subject to
review and approval of the City Engineer and the Browns Creek Watershed
District.
2. Landscape material bins shall be placed on the north side of the site by
September 30, 2017.
3. Any freestanding or wall lighting placed on the site shall be in compliance
with the Zoning Ordinance and be subject to review and approval of City
Staff.
4. The storage and fueling of vehicles shall be compliant with all Washington
County and State of Minnesota rules and requirements.
5. All signage proposed for the site shall be compliant with Section 401.15.G of
the Zoning Ordinance and shall be subject to receiving a sign permit.
6. Trash and recycling containers shall be stored inside the building.
Approved by the City Council of the City of Oak Park Heights this 25h day of
April 2017.
2
Ma6 Com er, Mayor
ATTEST:
Eric A. JoTn, ' yministrator
n
3
ATTACHMENT A
:w
Conditional Use Permit
For
Outside Storage of Landscape Materials & Equipment
JA Holdings LLC/Midstate Landscaping& Excavating
5750 Memorial Ave.N.
Washington County PID: 06.029.20.21.0003
Legal Description: Lot 5, Block 1, Kern Center
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ATTACHMENT B
Conditional Use Permit
For
Outside Storage of
Landscaping Materials & Equipment
JA Holdings LLC/Midstate Landscaping& Excavating
5750 Memorial Ave.N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
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Conference With City Staff Upon Application Submittal: March 22, 2017
Planning Commission Public Hearing& Recommendation: April 13, 2017
Required Approvals:
City Council Majority Vote
Conditional Use Permit -Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve(12)months after the
date of approval,unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty(30) days before the expiration of said approval.
(401.03.C.4.a and b)