HomeMy WebLinkAbout2019-09-24 CC Packet Enclosure0
Oak Park Heights
Request for Council Action
Meeting Date September 20e 2019
Time Required: 5 Minutes
Agenda Item Title: Conditional Use Permit Boo Boo's Giame — Auto Sales Minor Auto
Agenda Placement
Originating Depart
Requester's Signati
Action Requested _
Background/Justificat%6n (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the following from Scott Richards, City Planning Consultant
I. Staff Report dated Sept. 6v' 2019 -as presented to the Planning Commission;
2. Planning Commission Resolution (unsigned)
3. Proposed City Council Resolution.
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TPC3e41 Thurston Avenue N, Wte 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCGP1snnlnqCo.corn
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
BACKGROUND
Eric Johnson
Scott Richards
September 8, 2019
&c i� 2.
Oak Park Heights — Boo Boo's Garage — Conditional
Use Permit — Auto Sales, Minor Auto repair and Outdoor Storage —
5899 Nova Scotia Avenue
238.02 —19.09
Pat Velasco and Kevin Craile of Boo Boo's Garage, LLC, have made application for a
Conditional Use Permit to allow for a private auto club with auto sales, minor auto repair
and outdoor storage at 5899 Nova Scotia Avenue North. The private auto club Is
dedicated to classic and rare automobiles that will operate out of the building that was
formerly Goodwill.
The property is zoned B-4, Limited Business District in which indoor automotive sales is
a permitted use and the minor auto repair and outdoor storage is a Conditional Use.
The Applicant plans to occupy the existing building and not make significant changes to
the building or site.
Attached for reference:
Exhibit 1:
Project Narrative
Exhibit 2:
Layout Plan (C2.1)
Exhibit 3:
Floor Plan (Al)
Exhibit 4:
Site Pictures
ISSUES ANALYSIS
Project Description. A project narrative has been submitted and Is found as Exhibit 1.
The proposed use is described as follows:
"'Applicant plans to develop a one-of-a4drrd, private automobile club dedicated to classic
and rare automobiles that will operate out of the existing building on the property. The
Page 56 of 116
property's building will serve as a unique community gathering space for vehicle
aficionados to enjoy and appreciate vintage and exotic automobiles in a museum type
format it will also likely serve as an event space for automobile showcases, corporate
gatherings, and private parties.
Applicant seeks to offer memberships enabling members to use the property's building
to:
Lease year round, climate controlled, secured storage and exhibition space to
store and display classic and rare automobiles;
Perform basic automotive maintenance and repairs, such as minor mechanical
repair and washes; and
Sell small quantities of classic and rare automobiles directly to consumers as a
licensed Vehicle Dealer."
Surrounding Uses. The adjoining uses to this site are:
• North — Offices and Residential
• Northeast—Residential
• Northwest — Aldi Grocery
• East — Residential
• South — Utility Easement/Line and Drainage Pond
• Xcei Energy Substation
Comprehensive Plan. The Comprehensive Plan designates this area as Commercial
on the Proposed Land Use Map. The use of the property for automotive sales, service
and outdoor storage is consistent with this land use designation.
Zoning Ordinance. The property is zoned B-4, Limited Business District in which
Indoor retail sales is a permitted use. The Applicant is not proposing outdoor
automotive sales and that use is not allowed within the B-4 District. A Conditional Use
Permit is required to allow the minor auto repair and the outdoor storage of an enclosed
trailer.
The Applicant has indicated that the proposed maintenance to be performed at the site
will include oil changes and car washes, both of which are allowed under minor auto
repair. The proposed trailer is 28 feet in length and enclosed. Review of the criteria for
the Conditional Use Permit is found later in this report.
Setbacks. The building and parting areas are compliant with all setback requirements.
There are no changes planned to the building or parking setbacks *A4th this project:.
Tree Circulation/Curb Cuts/Security Gate. The existing curb cut will remain for
access to Nova Scotia Avenue North. A security gate has been installed at the
entrance to the site. A rapid entry look box will be installed to provide police, fire and
other emergency services access.
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Parking. There is a total of 73 parking spaces on site, four of which are disability
assessible. Five of the stalls on the original site plan will now be used for trailer
parking. The parking calculations are as follows:
These is more than adequate parking for customers, employees and special events.
Site/Landscaping. The Applicant has indicated that they are not planning to change
the exterior of the building or make site changes. They are planning to make minor
landscape improvements. Major changes to the landscaping will require City approval.
Wood Access Ramp. A wood ramp to access the rear of the building has been added.
The Building Official has indicated that the ramp will require a structural plan. The
Applicant is working with the architect and engineer to provide the required plan.
Lighting. The Applicant has indicated that no changes will be made to the existing
exterior lighting for the site. Any changes to the lighting will require City review and
installed In compliance with the lighting standards of the Zoning Ordinance.
Trash, Tires and Recycling Storage, The Applicant has indicated that all trash, tires
and recycling storage shall be done inside the building. All hazardous waste storage
and disposal will need to comply with State and Washington County regulations and
permitting requirements.
Mechanical Screening. Any new exterior mechanical equipment, either on the roof or
ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of
the Toning Ordinance.
Grading, Drainage, Erosion Contras and Utilities.. No changes are planned to the
grading, drainage or utilities.
Design Guidelines. There are no changes to the building proposed at this time. Any
exterior changes that require Design Standards review will need to be addressed by the
City.
Signage.
Freestanding; Si ns. The existing freestanding sign near Bova Scotia Avenue will be
used for the business.
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Re uirement
I Area
Spaces Required
Retail
i space per 200 sq ft
13,R0 sq ft
67
Maintenance Area
1 space for each 1300
sq ft over 1 000 s ft
4,602 sq ft
6
Taf:al
73
These is more than adequate parking for customers, employees and special events.
Site/Landscaping. The Applicant has indicated that they are not planning to change
the exterior of the building or make site changes. They are planning to make minor
landscape improvements. Major changes to the landscaping will require City approval.
Wood Access Ramp. A wood ramp to access the rear of the building has been added.
The Building Official has indicated that the ramp will require a structural plan. The
Applicant is working with the architect and engineer to provide the required plan.
Lighting. The Applicant has indicated that no changes will be made to the existing
exterior lighting for the site. Any changes to the lighting will require City review and
installed In compliance with the lighting standards of the Zoning Ordinance.
Trash, Tires and Recycling Storage, The Applicant has indicated that all trash, tires
and recycling storage shall be done inside the building. All hazardous waste storage
and disposal will need to comply with State and Washington County regulations and
permitting requirements.
Mechanical Screening. Any new exterior mechanical equipment, either on the roof or
ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of
the Toning Ordinance.
Grading, Drainage, Erosion Contras and Utilities.. No changes are planned to the
grading, drainage or utilities.
Design Guidelines. There are no changes to the building proposed at this time. Any
exterior changes that require Design Standards review will need to be addressed by the
City.
Signage.
Freestanding; Si ns. The existing freestanding sign near Bova Scotia Avenue will be
used for the business.
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Wall Sionaoe. No wall signage is proposed at this time.
Sion Illumination. All existing and new signs will be required to comply with the Zoning
Ordinance sign and lighting requirements. Staff will approve the lighting specifications
for the signs at the time of permitting.
Noise. With the proximity of residential properties to the northeast, control of noise with
the site was a concern with the Goodwill and now with this use. it will be important that
the Applicant keeps all of the maintenance inside of the structure and that the doors to
the maintenance areas be closed except when vehicles are moved in and out of the
structure.
Conditional Use Criteria:
Section 401.301.E.2. Auto repair -minor and tire and battery stores and service,
provided that the use accessory to and intemally located within a retail sales operation:
a. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot. Alt buildings shall comply with the City's
Design Guidelines.
Comment: The building is in place and there are no changes planned at
this time.
b. The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City Engineer.
Comment: The parking lot, building and landscaping is in place.
C. A minimum lot area of twenty thousand (20, 000) square feet and minimum
lot widths of one hundred fifty (150) feet.
Comment: The site complies.
d. A drainage system subject to the approval of the Chy Engineer shall be
installed.
Comment: The site complies.
e. A curb not less than six (6) inches above grade shall separate the public
Sidewalk firm motor vehicle senlice areas.
Comment: The site complies.
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f. The lighting shalt be accomplished in such a way as to have no direct
source of light visible from adjacent land In residential use or from the
public right-of-way and shall be in compliance with Section 401.16.8.7 of
this Ordinance.
Comment: The lighting as installed was compliant. Any changes to the
outdoor lighting will need to be installed in compliance with the Zoning
Ordinance.
g. At the boundaries of a residential district, a strip of not less than ten (10)
feet shall be landscaped and screened in compliance with Section
401.15.E, of this Ordinance.
Comment: The site is compliant.
h. Parking spaces shall be screened firom view of abutting residential districts
in compliance with Section 401.15.E. of this Ordinance.
Comment: The site Is fenced, and landscaping was installed as part of the
original development.
i. Vehicular access points shall mate a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F. of this Ordinance
and shall be subject to the approval of the City Engineer.
Comment: The access point is not being altered with this request.
j.
All signing and informational or visual communication devices shall be
minimized and shall be In compliance with Section 401.15.6. of this
Ordinance.
Comment: The signage is required to be compliant with the Zoning
Ordianance.
k. Provisions are made to control and reduce noise.
Comment: Noise will be addressed in the conditions of approval.
1. No outside storage except as allowed in compliance ti tri Section
401.301.1®.5 of this Ordinance.
Comment: A Conditional Use Permit has been requested for the outdoor
storage of the enclosed trailer.
M. Sale or products other than those specifically mentioned in this subdivision
be subject to a conditional use permit and be in compliance with Section
401.301.E.6 of this Ordinance.
5
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Comment: The City Council may choose to revisit the conditions if the
business changes in any significant way.
n. fill conditions pertaining to a spec site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
Comment: The City Council may choose to revisit the conditions if the
business changes in any significant way.
o. The provisions of Section 401.03.6.7 of this Ordinance are considered
and satisfactorily met.
Comment: The conditions are reviewed in this report.
section 401.301.E.4 Open and outdoor storage as an accessory use provided that:
a. The area is fenced and screened from view of neighboring residential
uses or If abutting a residential district in compliance with Section
401.15.E. of this Ordinance.
Comment: The area is fenced, and landscaping was installed more than
10 years ago.
b. Storage is screened from view from public right-of-way in compliance with
Section 401.15.E, of this Ordinance.
Comment: The storage area will not be visible from the public right of
way.
C. Storage area is grassed or surfaced to control dust.
Comment: The area is paved.
d. Alt lighting shall be hooded and so directed that the light source shall not
be visible from the public right-of-way or from neighboring residences and
shall be in compliance with Section 401.15.13.7 of this Ordinance.
Comment: The lighting is currently compliant.
e. The provisions of Section 401,03.A.5 of this Ordinance are considered
and satisfactorily met.
Comment: The criteria for Conditional Use Permit Is reviewed as follows
in this report.
R,
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Section 401.03.A.7 The conditional use permit criteria, found in Section 401.03.A.7 of
the Zoning Ordinance, are found as follows:
1. relationship to the speck policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traft generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria will be at
odds with the Conditional Use Permit proposed for the site. City Staff does not see any
issues.
CONCLUSION AND RECOMMENDATION
Subject to the preceding review, City staff recommends approval of a Conditional Use
Permit to allow for a private auto club with auto sales, minor auto repair and outdoor
storage at 5999 Nova Scotia Avenue North subject to the following conditions:
A rapid entry lock box shall be Installed at the entrance gate to provide police, fire
and emergency services access.
2. The Applicant shall provide a structural plan for the wood access ramp that has
been installed.
S. All new fighting fixtures shall be hall out off and installed In compliance with the
fighting standards of the Zoning Ordinance.
4. The outdoor lighting shall be turned off one flour after closing, except for
approved security lighting.
5. Major changes to the landscape or new plantings are subject to revlmw and
approval of the City Arborist.
6. Changes to the building to accommodate car storage and repair shall require a
Building Penalff from the City.
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7. Any new mechanical equipment that is located on the roof or ground level and
visible from street level or from neighborhood properties shall be screened with
materials that blend harmoniously with the building fagade materials.
8. Any additional signage shall be subject review and approval of City Staff for
conformance with Zoning Ordinance standards.
g. All noise generated from the business shall be compliant with Section
401.15.B.11 of the Zoning Ordinance. The service door to the building shall be
closed at all times except when vehicles are moved In and out of the service
entrance.
10. All auto repair activities shall be conducted indoors.
11. All storage of trash, recycling, materials, parts and supplies shall be interior to the
building.
12. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License for batteries, oil and tires from Washington County.
pc: Julie Hultman
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PROJECT NARRATIVE
Submitted in Support of Development Application for Conditional Use Permit ("CUP")
5899 Nova Scotia Avenue, City of Oak Park Heights, Minnesota
Boo Boo's Garage, LLC, Applicant
The Applicant, Boo Boo's Garage, LLC, submits this Project Narrative in support of its
Development Application for a Conditional Use Permit ("CUP') addressing proposed uses for real
property it owns at 5899 Nova Scotia Avenue, PIN 0502920110119 (the "Property").
Proposed Use Applicant plans to develop a one -of -a -kind, private automobile club dedicated to
classic and rare automobiles that will operate out of the existing building on the Property. The
Property's building will serve as a unique community gathering space for vehicle aficionados to
enjoy and appreciate vintage and exotic automobiles in a museum -type format. It will also likely
serve as an event space for automobile showcases, corporate gatherings, and private parties.
Applicant seeks to offer memberships enabling members to use the Property's building to:
• Lease year-round, climate -controlled, secured storage and exhibition space to store and
display classic and rare automobiles;
• Perform basic automobile maintenance and repairs, such as minor mechanical repair and
washes; and
• Sell small quantities of classic and rare automobiles directly to consumers as a licensed
Vehicle Dealer.
The Proposed Repair and Sales Uses are Conditional Uses Reauirina a CUP. The Property is
zoned as B-4 Limited Business District. City Ordinance 401.301.8 states that "automobile repair -
minor and fire and battery stores and service" is a conditional use, "provided that the use is
accessory to and internally located within a retail sales operation "
Applicant's proposed maintenance and repair uses, which include oil changes and car washes, fall
within the definition of "Automobile Repair -Minor":
Installation, including cellular telephones, audio systems, and minor repairs,
upholstering, replacement of parts (tires, glass, etc.) and minor motor services to
passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but
not including any operation specified under "Automobile Repair -Major."
City Ord. Definitions. The proposed automobile maintenance and repairs will not include major
car repairs, such as rebuilding or reconditioning engines, collision service, or body repair.
Additionally, the proposed maintenance and repair services are accessory to the retail business,
which includes the sale of storage space and the We of classic and rare automobiles to consumers
at the Property. "Retail" is defined by the City's zoning code as "the sale of items in small
quantities directly to consumers." City Ord. Definitions. Applicant is in the process of obtaining a
Vehicle Dealer license that will allow vehicles to be sold from the Property. Because the minor
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repairs will be an accessory use to the sales of storage space and classic and rare vehicles in small
quantities directly to consumers at the Property, Applicant's proposed uses are conditional uses
that require a CUP.
The City's Authority to Grant a CUP to Aaulicant. Permitting Applicant's proposed uses
through a CUP would be compatible with the land use and zoning of the Property within the
general area and would be suitable for the property for the uses permitted under the existing zoning
classification. As provided by City Ordinance 401.03.C, in making its determination to grant a
CUP, the City may consider:
1. The nature of the adjoining land or buildings.
According to the current Zoning Map, the adjoining land is also zoned B-4, Limited
Business District. According to the Proposed Land Use Map in the Comprehensive Plan,
the adjoining land is guided towards Commercial and Medium Density Residential.
The current adjoining uses are as follows:
glee. Xcel Energy Utility Infrastructure
Alorthumt: Grocery Store
Arorth: Offices, Residential
Northeast: Residential
East: Residential
.South: Utility Line and Drainage Pond
Because Applicant's proposed repair and retail uses will be contained within the existing
building on the Property, the adjoining land or buildings will not be negatively impacts
by the proposed uses.
2. Whether or not a similar use is already inexistence and located on the same premises
or on other lands Immediately close by.
Automobile storage, repair and sales are not current uses for the Property. The Property
was last used as a Goodwill store and thrift store. An auto body shop and an auto parts
shop are located within the commercial area to the west of the property (.Terry's Auto
Body, Autozone Auto Parts, and Walmart Auto Care Centers). Although the proposed
repair and sales services are unique to the Property, the uses will be contained within the
existing building and will be consistent with the character of the area and Property.
3. The effect upon trafi3e into and from the premises, or on any adjoining roads.
Applicant's proposed uses will attract less traffic than the neighboring commercial uses to
the west, whichKrill help butler between the higher -density commercial uses to the west
and the residential uses to the east. Applicant's Property is located on the eastern periphery
of the commercial retail area to the west of the Property that includes a Lowe's, 'lydalnrart,
Bremer Bank, White Castle, St. Paul Eye Clinic, Massage Envy -Stillwater, and other
businesses. Because the Property will be primarily be used for private use by club
2
CCRF/2064285.0006/153802318.3
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members and occasional events and gatherings, the proposed uses will not materially
increase traffic into and from the premises or adjoining roads.
4. Ali other or further factors as the City shalt deem a prerequisite of consideration in
determining the effect of the use on the general welfare, public health and safety.
The proposed repair and sales uses are consistent with the permitted uses in the B-4 District.
The B-4 District permits retail sales, commercial service uses, club or lodge halls, parking
or garages for the parking and storage of private passenger vehicles, and rental services
conducted entirely within a building. City Ord, 401.301.B. Granting Applicant's CUP
would therefore allow club members to repair and sell the cars parked and stored inside the
building.
Moreover, granting Applicant's CUP would be consistent with the City's Comprehensive
PIan. City Ord. 401.01.1). The Comprehensive Plan zoning map guides the Property
towards "Commercial (with adjacent medium density residential)." The Plan sets forth that
it intends for commercially zoned properties to "maintain and improve" the City's ' vital
retail and service locations." Comprehensive Plan at 72. Through Commercial districts, the
City also seeks to "promote a mixed use environment with the commercial areas consisting
of retail, office, and service land uses." Id. Here, the private club would revitalize a vacant
retail building by offering new services and retail while also serving as a buffer between
higher -intensity commercial use and the adjacent residential uses.
Accordingly, granting Applicant's CUP is Consistent with the City's Zoning Code and
Comprehensive Plan,
S. Answers to speeiflc questions raised in the August 21, 2014 letter from Scott
Richards, City Planning Consultant to the City of Oak. Park Heights.
a. flans for emergency vehicle access through the security gate.
Applicant met with the City of Oak Park Heights Police Chief to address this issue.
Applicant will install a lock box at the security gate. Police., fire, and other
emergency services will have access to the flock- box the property through the
security gate.
b. Details regarding the outdoor traller park ng including numbers of trailers to
be stored at one time.
One enclosed car bailer will be stored in the outdoor trailer parking area and will
be screened from the neighboring residential area by a wooden fence (pictures
below). The trailer will be used to transport vehicles that are stored on the Property
and to transport vehicles to and from the Property.
c. P nus far business signage.
The Applicant does not plan to include any business signage.
CORFJi064284.000611 S 3802310.3
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d. Plans for exterior changes to the exterior of the building or siw
Besides minor landscaping improvements and adding any required screening, there
are no pians to change the exterior of the building or site.
e. Plans for waste, recycling and tire storage on site.
Waste and RecvcL+nfl:
Solid Waste: Applicant will comply with City of Oak Park Heights and
Washington County ordinances related to the proper disposal of solid waste.
Recycling: Applicant will comply with City of Oak Park Heights and
Washington County ordinances related to recycling.
Hazardous Waste and Universal Waste Disposal and Recycling. Applicant
will comply with Washington County ordinances and state and federal laws
related to the proper disposal of any hazardous wastes and universal wastes
generated on the Property from the proposed automotive maintenance and
repairs. To ensure proper disposal or recycling, Applicant will bring the
small amounts of waste chemicals used and generated on site to the
Washington County's collection program for small businesses and will
contract with a disposal service that is licensed to properly dispose of or
recycle hazardous wastes or universal wastes that are not accepted by
Washington County.
Tire Storace: Applicant does not pian to store tires on the property. Any tires that
are stored on site will be stored indoors and in accordance with any building and
fire code requirements.
f. Changes to the building that will be required for the change of use for auto
repair, including details on floor drains/oil trap, air exchange systems and fire
suppression.
Applicant will work with the Washington County Department of Public Health and
Environment, the City of Oak Park Heights Building Inspector, and other
regulators, such as the Minnesota Pollution Control Agency and the local fire
marshal, to ensure that the vehicle maintenance area of the building includes any
floor drains/oil traps, air exchange systems, fire suppression systems, and any other
systems that are necessary to comply with the state building and fire codes as well
as county, state, and federal environmental health and safety laws and regulations
for the Proposed Use.
g. Steucha al: engineers pian for the access ramp on the Site Plan.
The access ramp shown on the Site Plan has already been constructed. Applicant
is worldng with the architect and engineer to provide the plans for the access ramp
so that the plans may be provided to the City.
4
CORE'2064285.0006/153 @023103
Page 67 of 116
The name of the Architect for the ramp is:
Paul Knutson
Ar -Co Design
1246 Saint Albans St. N.
St. Paul, MN 55417
612-386-2200
The Engineer for the ramp is:
Complete Building Solutions
2524 Nevada Ave. N.
Golden Valley, MN 55427
763-544-3355
h. Determine if automotive waste material storage requires permitting from
Washington County.
Applicant is working with Washington County to determine whether a license for
hazardous waste will be required for the proposed use. If necessary, Applicant will
obtain a license and dispose of hazardous waste in accordance with that license.
L Pictures of existing screening, especially as it relates to trailer storage area.
Below are pictures of the existing screening for the trailer storage area where the
enclosed car trailer will be stored.
COREaD64265jM6/1338a23183
Page 68 of 116
As required, the Applicant has submitted to the City:
1. The Development Application form;
2. This Project Narrative;
3. A Site Plan for the Property; and
4. The Application Fee and Escrow amount, totaling $1,400.00.
Applicant respectfully asks the City to grant the Applicant's proposed CUP.
6
COREaW285.000053802318.3
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1
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY BOO BOO'S GARAGE FOR A CONDITIONAL USE
PERMIT TO ALLOW A PRIVATE AUTO CLUB WITH AUTO
SALES, MINOR AUTO REPAIR AND OUTSIDE STORAGE AT 5899
NOVA SCOTIA AVENUE NORTH SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Boo Boo's
Garage for a Conditional Use Permit to allow a private auto club with auto sales, minor
auto repair and outside storage at 5899 Nova Scotia Avenue; and after having conducted
a public hearing relative thereto, the Planning Commission of Oak Park Heights makes
the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
M
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 B4, Limited Business District. Indoor auto sales is
a Permitted Use but a Conditional Use Permit is required to allow minor auto repair and
outdoor storage; and
4. The minor auto repair will involve oil changes, tire service and car
washes, which is allowed under the definition of minor auto repair; and
5. The Applicant has proposed parking a 28 -foot enclosed trailer in the
parking lot, which is considered as outdoor storage. No other outdoor storage of auto
parts or trash/recycling is proposed; and
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6. Design Guideline/Site Plan approval is not required in that no exterior
building or site changes are proposed; and
7. City staff prepared a planning report dated September 6, 2019 reviewing
the request; and
8. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their September 12,
2019 meeting, took comments from the applicants and public, closed the public hearing,
and made the following recommendation:
NOW, THEREFORE, BE IT RESOLVE, D BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Boo Boo's Garage for a Conditional Use Permit to
allow a private auto club with auto sales, minor auto repair and outside storage at 5899
Nova Scotia Avenue and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights subject to the conditions as follows:
A rapid entry lock box shall be installed at the entrance gate to provide
police, fire and emergency services access.
2. The Applicant shall provide a structural plan for the wood access ramp
that has been installed.
3. All new lighting fixtures shall be fall cut off and installed in compliance
with the lighting standards of the Zoning Ordinance.
4. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
5. Major changes to the landscape or new plantings are subject to review and
approval of the City Arborist.
6. Changes to the building to accommodate car storage and repair shall
require a Building Permit from the City.
7. Any new mechanical equipment that is located on the roof or ground level
and visible from street level or from neighborhood properties shall be
Page 76 of 116
screened with materials that blend harmoniously with the building fagade
materials.
8. Any additional signage shall be subject review and approval of City Staff
for conformance with Zoning Ordinance standards.
9. All noise generated from the business shall be compliant with Section
401.15.13.11 of the Zoning Ordinance, The service door to the building
shall be closed at all times except when vehicles are moved in and out of
the service entrance.
10. All auto sales and auto repair activities shall be conducted indoors and
shall be limited to the private auto club members.
11. All storage of trash, recycling, materials, parts and supplies shall be
interior to the building.
12. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License for batteries, oil and tires from Washington County.
13. If the City receives complaints on the location of where the enclosed
trailer is located, the City Council may reconsider the storage location or
require additional screening through an amended Conditional Use Permit.
Approved by the Planning Commission of the City of Oak Park Heights this 121
day of September 2019.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
Page 77 of 116
ATTACHMENT A
Conditional Use Permits
To Allow Minor Auto Repair & Outside Storage
Boo Boo's Garage
Washington County Property Identification Number: 05.029.20.11.0119
Legal Description: Lot 1, Block 1, Goodwill Addition
Physical Address: 5899 Nova Scotia Ave. N.
Page 78 of 116
ATTACHMENT B
Conditional Use Permits
To Allow Minor Auto Repair & Outside Storage
Boo Boo's Garage
5899 Nova Scotia Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: September 12, 2019
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)
Page 79 of 116
RESOLUTION NO.
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 BY BOO BOO'S GARAGE FOR A CONDITIONAL USE
PERMIT TO ALLOW A PRIVATE AUTO CLUB WITH AUTO
SALES, MINOR AUTO REPAIR AND OUTSIDE STORAGE AT 5899
NOVA SCOTIA AVENUE NORTH BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Boo Boo's
Garage for a Conditional Use Permit to allow a private auto club with auto sales, minor
auto repair and outside storage at 5899 Nova Scotia Avenue; and after having conducted
a public hearing relative thereto, the Planning Commission of Oak Park Heights
recommended that the application be approved with conditions. The City Council of the
City of Oak Park Heights makes the following findings of fact and resolution:
I. 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-4, Limited Business District. Indoor auto sales is
a Permitted Use but a Conditional Use Permit is required to allow minor auto repair and
outdoor storage; and
4. The minor auto repair will involve oil changes, tare service and car
washes, which is allowed under the definition of manor auto repair; and
5. The Applicant has proposed parking a 28 -foot enclosed trailer in the
parking lot, which is considered as outdoor storage. No other outdoor storage of auto
parts or trash/recycling is proposed; and
Page 80 of 116
6. Design Guideline/Site Plan approval is not required in that no exterior
building or site changes are proposed; and
7. City staff prepared a planning report dated September 6, 2019 reviewing
the request; and
8. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their September 12,
2019 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 by Boo Boo's Garage for a Conditional Use Permit to
allow a private auto club with auto sales, minor auto repair and outside storage at 5899
Nova Scotia Avenue 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
subject to the conditions as follows:
A rapid entry lock box shall be installed at the entrance gate to provide
police, fire and emergency services access.
2. The Applicant shall provide a structural plan for the wood access ramp
that has been installed.
3. All new lighting fixtures shall be full cut off and installed in compliance
with the lighting standards of the Zoning Ordinance.
4. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
5. Major changes to the landscape or new plantings are subject to review and
approval of the City Arborist.
6. Changes to the building to accommodate car storage and repair shall
require a Building Permit from the City.
Any new mechanical equipment that is located on the roof or ground level
and visible from street level or from neighborhood properties shall be
Page 81 of 116
screened with materials that blend harmoniously with the building fagade
materials.
8. Any additional signage shall be subject review and approval of City Staff
for conformance with Zoning Ordinance standards.
9. All noise generated from the business shall be compliant with Section
401.15.13.11 of the Zoning Ordinance. The service door to the building
shall be closed at all times except when vehicles are moved in and out of
the service entrance.
10. All auto sales and auto repair activities shall be conducted indoors and
shall be limited to the private auto club members.
11. All storage of trash, recycling, materials, parts and supplies shall be
interior to the building.
12. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License for batteries, oil and tires from Washington County.
13. If the City receives complaints on the location of where the enclosed
trailer is located, the City Council may reconsider the storage location or
require additional screening through an amended Conditional Use Permit.
Approved by the City Council of the City of Oak Park Heights this 24`s day of
September 2019.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 82 of 116
ATTACHMENT A
Conditional Use Permits
To Allow Minor Auto Repair & Outside Storage
Boo Boo's Garage
Washington County Property Identification Number: 05.029.20.11.0119
Legal Description: Lot 1, Block 1, Goodwill Addition
Physical Address: 5899 Nova Scotia Ave. N.
Page 83 of 116
ATTACHMENT B
Eu
Conditional Use Permits
To Allow Minor Auto Repair & Outside Storage
Boo Boo's Garage
5899 Nova Scotia Ave. N.
Application Materials
a Application Form
• Fees
• Plan Sets
a Written Narrative and Graphic Materials Explaining Proposal
c Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: September 12, 2019
Conditional Use Permit a 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)
Page 84 of 116