HomeMy WebLinkAbout2021-07-08 OPH Ltr to Dan O'Neill Re CUP Non-Compliance F
CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard North • Oak Park Heights, MN 55082 • Phone:651/439-4439 • Fax 651/439-0574
July 8, 2021
Daniel O'Neill
O'Neill Electric
6143 Osgood Ave. N.
Oak Park Heights, MN 5082
Re: Container&Outside Storage at 6143 Osgood Ave. N., Oak Park Heights, MN
Dear Mr. O'Neill:
Please be reminded that the approvals of your Conditional Use Permit do not allow for any outside
storage of materials or equipment, with the exception of the bucket truck and that you are to
provide a plan for trash storage. The site is currently not in compliance of your Conditional Use
Permit approvals and needs to be corrected. A full copy of the approved CUP is attached.
Prior to Monday,August 9, 2021:
1. Remove the storage container that is in placed to the rear of your lot, alongside the existing
garage structure.
2. Remove all exterior stored material and equipment, with the exception of the bucket truck.
3. Provide a trash enclosure plan for the two trash containers on site.
A site visit will be made August 9'to verify compliance of items 1-3 noted above.
Ashley did reach out May of 2020 with regard to expansion of the existing garage structure. If that
is something you would like to revisit, please contact us to discuss.
Sincerely,
PLANNING &CODE ENFORCEMENT
J � Jtman •
B �[:' _ Official
1'
-•.r
1
MEE
'r • � :on
4, - —�` ON hi=
Cit A dministrator
J
Tree City U.S.A.
Receipt:#412397 1256111
USE 946 00
Ee1urn to: ILE III II �� I III II II I II
4844 North 300 West
Suite 202 Certified Filed and/or recorded on:
Provo UT 84604 10/19/2018 9:02 AM
1256111
Certificate#. 76767
Office of the Registrar of Titles
Washington County,Minnesota
Jennifer Wagenius,Registrar of Titles
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Conditional Use Permit
For
Electrical Contracting Business
And
Residential Use
at
6I43Osgood Ave. N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of 0.. P:r •,� ts, this 12th day of
September, 2018. ,:'
Ai
Eri rJ', ,son
City ' • inistrator
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
FOR ELECTRICAL CONTRACTING BUSINESS AND RESIDENTIAL USE
FOR O'NEILL ELECTRIC AT 6143 OSGOOD AVENUE
File No.: Date Issued: July 24,2018
Legal Description: (Washington County Geo. Code: 33.030.20.44.0029)
See Attached Exhibit "A"
Owner: Frederick P.Kalinoff,Trustee
Patricia A.Kalinoff,Trustee
428 S.Broadway St.
Stillwater,MN 55082
Applicant: Daniel O'Neill &Erik Stromberg
O'Neill Electric,Inc.
15118 64th Street N.
Oak Park Heights,MN 55082
Site Address: 6143 Osgood Avenue N.,Oak Park Heights MN
Present Zoning District: R-B Residential Business Transitional District
Permitted uses set forth in Ordinance 401 Section 401.28.E
I. CUP PERMIT: The property has been rezoned R-B Residential/Business Transitional District by recent
action by the City Council in response to Applicant's request. The property site lies in close proximity to both
commercial and residential properties, thus making the transitional zoning classification appropriate. General
low intensity business uses and residential uses are permitted in the R-B district. Applicant proposes to use the
Site for mixed use general corporate office space for its electrical contracting business, as well as renting out
excess office space to other commercial businesses. Applicants also intend to rent out the upper area of the
building for residential tenancy. The building has been laid out and used in this general mixed-use manner for
many years in the past by other businesses, including most recently a dental office and hair salon with residential
tenancy on the upper floor. The applicants do not intend to conduct any electrical manufacturing type work at
the site—all such work will be conducted offsite. A conditional use permit is required to permit a commercial
use within the R-B district. The proposed use satisfies all required conditions of the zoning code and is in general
conformance with the neighborhood. The Ordinance criteria found in Section 401.03.A.7 include the following:
a. Relationship to the specific policies and provisions of the municipal comprehensive plan.
b. The conformity with present and future land uses in the area.
c. The environmental issues and geographic area involved.
d. Whether the use will tend to or actually depreciate the area in which it is proposed.
e. The impact on character of the surrounding area.
f. The demonstrated need for such use.
g. Traffic generation by the use in relation to capabilities of streets serving the property.
h. The impact upon existing public services and facilities including parks, schools, streets, and utilities,
and the City's service capacity.
i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading,
noise, etc.).
The proposed electrical contracting office operations with additional mixed office use and combined residential
use proposed at the site will not adversely impact the surrounding area, and is not expected to create excess
traffic generation or load upon existing street or utility infrastructure, and adequate parking is available for the
proposed uses.
All permits and uses applied for are granted but shall be subject to the following conditions and/or restrictions
imposed by the July 24, 2018 Resolution of the City Council of the City of Oak Park Heights as follows:
The City Council of the City of Oak Park Heights approves the Conditional Use Permit for a conditional
commercial use in the R-B district subject to the following findings of fact:
Rezoning Approval:
1. The CUP is subject to approval and finalizing of the rezoning of the site to the R-B district.
2. The property has been used as a mix of office and residential for decades with the proposed use
by O'Neill Electric to be the same; and
3. The Comprehensive Plan has designated this property for commercial use on the existing and
draft Proposed Land Use Map; and
4. The R-B District is appropriate for this property in that it provides a transition in land use from
residential to low intensity business use and it allows for mixed use on the same property;
CUP Approval:
1. The Conditional Use Permit is approved for an electrical contracting business in the R-B district
located at 6143 Osgood Avenue.
•
•
Be and the same as hereby approved by the City Council of the City of Oak Park Heights for approval with the
following conditions:
l. Approval of the Conditional Use Permit is subject to rezoning the property to R-B Residential Business
District.
2. There shall be no exterior storage of materials or equipment onsite, with the exception that the bucket
truck may be stored outside.
3. The property survey indicates a two to three-foot encroachment of the subject site parking lot onto the
property directly to the south. The property encroachment shall be resolved by the subject site property owner
prior to any expansion of the garage.
4. The Applicant shall provide a plan for trash storage.
5. The Applicant shall correct site condition issues, including the landscaping within six months of the
approval by the City Council.
6. If additional light fixtures are added or current light fixtures are replaced, they shall be full cut off,
compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning
Ordinance as it relates to lighting requirements.
III. Reference Attachment:
The reports of the City Planner dated July 5, 2018 and site plan approved by the City Council are annexed
hereto by reference.
IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the
City under the terms hereof Any discontinuation or abandonment of the uses permitted hereunder upon the
site for a period of 12 continuous months shall constitute abandonment and void the permit.
V. Annual review: Annual review is not imposed as a condition of this permit
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
CITY OAK P• ' HEIGHTS
Date: /ff// By j t-g
( -,ci✓
K.-- Mary McComber
Mayor
4.,
Date q14I6 B G
Eric Johnson
City Administrator
FOR Owner:
Date le `)O• /g ' f4
7
FOR Applicant:
Date: p-30-iy. By {
Daniel O'Neill
By //, 1
Erik tromberg
EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 16, 17, 18 and the West 30.00 feet of Lot 19,Block 3,McMILLAN AND COOLEY'S
ADDITION TO STILLWATER,according to MYON SHEPARD'S PERFECTED PLAT OF THE CITY
OF STILLWATER,DATED May 31, 1878, on file and of record in the office of the County Recorder of
Washington County,Minnesota lying southerly of the North 60.00 feet of said Lots, together with all that
part of vacated Eugene Street lying easterly of South Fourth Street,northerly of Block 6 of said
McMILLAN AND COOLEY'S ADDITION TO STILLWATER and lying westerly of a line beginning at
the southeasterly corner of said West 30.00 feet of Lot 19,Block 3,and running thence southerly to the
northeasterly corner of the West 30.00 feet of Lot 12,of said Block 6,and said line being described there
terminate.
EXCEPTING therefrom all that part thereof lying southerly of the southerly line of the North 12.00 feet of
the South 30.00 feet of said vacated Eugene Street, and lying westerly of"Line A"described as beginning at
a point on the south line of said North 12.00 feet of the South 30.00 feet of vacated Eugene Street,and said
point being 3.00 feet easterly of a northerly extension of the west line of Lot 15,said Block 6; thence
southerly in a straight line,along "Line A" being described,to a point on the south line of Lot 16 of said
Block 6,said point being 12.00 feet easterly of the southwest corner thereof, as measured along said south
line, and said "Line A" being described there terminate.
Subject to and together with any other valid easements, reservations or restrictions.
EXHIBIT "B"
PLANNERS REPORT AND SITE PLANS
TPC3601 Thurston Avenue N, Suite 100 CJOW 1
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.42 7.0520
TPC tiPlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: July 5, 2018
RE: Oak Park Heights — O'Neill Electric — Request for Rezoning and
Conditional Use Permit— 6143 Osgood Avenue North
TPC FILE: 236.02— 18.05
BACKGROUND
Daniel O'Neill and Eric Stromberg of O'Neill Electric have made applications for a
Zoning District Amendment from R-3 Multiple Family Residential District to R-B
Residential Business Transitional District, and a conditional use permit to allow the
business to operate in the new district.
The lot is currently developed with a single-family style building that is utilized as
commercial and residential use. The current and draft Comprehensive Plans designate
this property as commercial land use. A zoning to R-B District will bring the lot in
conformance with the land use designation.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative
Exhibit 2: Site Plan
Exhibit 3: Site Development Plan
Exhibit 4: Basement Floor Office Space
Exhibit 5: 1St Floor Office Space
Exhibit 6: 2nd Floor Apartment
Exhibit 7: Aerial Photo with Parking Spaces
Exhibit 8: Aerial Photo with Snow Storage Areas
Exhibit 9: Aerial Photo with Sign Locations
Exhibit 10: Building Photo
PROJECT DESCRIPTION
The Project Narrative for the project is found as Exhibit 1.
Request to rezone from R-3 District to R-B District so that perspective property buyers
Erik Stromberg and Daniel O'Neill can utilize the building as a mixed use commercial
and residential property and bring it into compliance with City zoning rules.
History of use and current use:
-Basement level (commercial space): most recently rented/utilized as a salon (Salon
Dupre) - space is currently vacant.
-First Floor (commercial space): most recently utilized as a dentist office (Michael
Junker Dental) - space is currently vacant.
-Second level (residential space): two-bedroom apartment with kitchen and one full bath
- space is currently rented and occupied by a tenant.
Proposed use/project narrative:
-Basement level and first floor will be used as commercial office space. There will be
individual offices as well as shared office space. Shared office space will include
meeting rooms, a conference room, and a break room. Commercial space will be
occupied by one of the prospective buyers. No change to the existing floor plan is
planned.
-Second floor will continue to be utilized as a residential two-bedroom apartment and
will be occupied by one of the prospective buyers. No changes to the existing floor plan
is planned.
-An addition will be built on the south side of the detached garage in the future to house
a bucket truck owned by O'Neill Electric.
Site use:
Two office spaces will be used for our electrical construction business. This will consist
of two to three office employees doing administrative work Monday through Friday 7:00
am to 3:30 pm. The additional nine offices will be rented on a monthly basis for the sole
purpose of administrative work space. O'Neill Electric will also use two garage spaces
for storage. We will store miscellaneous materials, such as wire reels and light fixtures.
No fabrication, or "work"of any kind other than the handling of material will be done on
the premises. O'Neill Electric will also store one vehicle on the premises, a F-550
bucket truck. The proposed garage addition will eventually house this vehicle. We
propose to start the garage addition within two years of purchasing the property.
Construction will last approximately three months.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the existing and
draft Proposed Land Use Map.
Zoning. The property is zoned R-3 Multiple Family District. The Applicant has
proposed a re-zoning to R-B Residential Business Transitional District. The zoning to
the south, which includes the Walgreens, is B-2 General Business District. In the R-B
District, multiple family uses are a permitted use and office and service businesses are
a conditional use. The R-B District is appropriate for this property in that it provides a
transition in land use from residential to low intensity business use and it allows for
mixed use on the same property. Section 401.03.A.7. lists the criteria for review of a
rezoning. There are no issues with this rezoning in that the property is designated for
Commercial Use in the Comprehensive Plan.
Conditional Use Permit. The proposed use of the site for a mix of office and
residential is consistent with how the property has been utilized in the past. The Zoning
Ordinance indicates that there should be no exterior storage or retail sale of
merchandise on the premises. The project narrative indicates that they plan to store a
bucket truck onsite and will eventually expand the garage to accommodate the vehicle.
Under the provisions of the Zoning Ordinance, the truck cannot be stored outside. The
truck will need to be stored offsite until the garage addition is completed.
The Planning Commission and City Council should consider the following issues and
impacts of the proposed project in making its recommendation.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific 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. Traffic 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: There should be no issues with the electrical construction business at this
site. All of the operations and storage of materials will be inside the buildings. The
bucket truck will need to be stored off site until the garage addition is completed. The
3
electrical construction business will not adversely impact the character of the area and
will not generate significant traffic.
Section 401.28.E of the Zoning Ordinance also lists the following criteria for
considerations of office and service use in the R-B District:
a. The site and related parking and service entrances are served by an arterial or
collector street or sufficient capacity to accommodate the traffic which will be
generated.
Comment: Osgood Avenue is designated as a minor connector and has sufficient
capacity to accommodate the businesses in this area.
b. Adequate off-street parking is provided in compliance with Section 401.15.F of
this Ordinance.
Comment: There is adequate parking provided on site.
c. Adequate off-street loading is provided in compliance with Section 401.15.F of
this Ordinance.
Comment: There are adequate off-street loading areas onsite.
d. Vehicular entrances to parking or service areas shall create a minimum of conflict
with through traffic movement.
Comment: Two vehicular entrances are provided from Osgood Avenue and their
locations have not created issues with traffic flow.
e. When abutting an R-1, R-2, or R-3 District, a buffer area with screening and
landscaping in compliance with Section 401.15.E of this Ordinance shall be
provided.
Comment: There are adequate trees and vegetation on site to provide a buffer to
adjacent properties.
f. All signing, and information or visual communication devises shall be in
compliance with Section 401.15.G of this Ordinance.
Comment: The two freestanding signs are grandfathered. The R-B District would allow
for only one freestanding sign. Both signs are conforming to the size and height
requirements.
g. The provisions of Section 401.03.A.7 of this Ordinance are considered and
satisfactorily met.
Comment: The criteria have been reviewed and no issues have been identified.
4
Parking. The site currently contains 18 parking spaces, one of which is disability
accessible. With 2,774 square feet of office space and one residential unit, the parking
requirement is as follows:
Office:
2,772 x .9 = 2,497 / 200 = 12 parking spaces
Apartment:
Two spaces per unit.
With 18 parking spaces and 14 required, the site has adequate parking.
Snow Storage. The plans indicate areas for snow storage.
Lighting. The plans do not indicate any changes or additions to outdoor lighting. If
fixtures are to be added or replaced, they shall be full cut off, compliant with the height
requirements, and be consistent with Section 401.15.6.7 of the Zoning Ordinance as it
relates to lighting requirements.
Trash Storage. The plans do not indicate a plan for trash storage. The Applicant shall
provide additional information as to how trash will be handled on site.
Signage. There are two grandfathered freestanding signs on site, one eight square feet
and the other 16 square feet. The signs will be used for O'Neil Electric. The signs will
not be lit.
Design Guidelines. No changes are proposed to the exterior of the site at this time.
The garage addition would be subject to Design Standards review when it is to be
constructed.
CONCLUSION / RECOMMENDATION
Subject to the preceding review, City staff recommends approval of the Zoning District
Amendment from R-3 Multiple Family Residential District to R-B Residential Business
Transitional District, and a conditional use permit to allow the business to operate in the
new district, subject to the conditions that follow:
1. Approval of the Conditional Use Permit is subject to rezoning the property to R-B
Residential Business District.
2. The bucket truck shall be stored offsite until the garage addition is completed.
Once the garage addition has been completed, the bucket truck shall be stored
within the garage.
3. There shall be no exterior storage of materials or equipment onsite.
5
4. The Applicant shall provide a plan for trash storage.
5. If additional light fixtures are added or replaced, they shall be full cut off,
compliant with the height requirements, and be consistent with Section
401.15.6.7 of the Zoning Ordinance as it relates to lighting requirements.
pc: Julie Hultman
6
FII
Project Narrative—6143 Osgood Ave N
Request to rezone from R3 to RB so that prospective property buyers Erik Stromberg and Daniel
O'Neill can continue to utilize the building as a mixed use commercial and residential property and
bring it into compliance with city zoning rules.
History of use and current use:
-Basement level (commercial space): most recently rented/utilized as a salon (Salon Dupre) —space is
currently vacant
-First floor(commercial space): most recently utilized as a dentist office(Michael Junker Dental) —
space is currently vacant
-Second level (residential space): two bedroom apartment with kitchen and one full bath—space is
currently rented and occupied by tenant
Proposed use/project narrative
-Basement level and first floor will be used as commercial office space. There will be individual
offices as well as shared office space. Shared office space will include meeting rooms, a conference
room, and a break room. Commercial space will be occupied by one of the prospective buyers. No
change to the existing floor plan is planned.
-Second floor will continue to be utilized as a residential two bedroom apartment and will be occupied
by one of the prospective buyers. No change to the existing floor plan is planned.
-An addition will be built on the south side of the detached garage in the future to house a bucket truck
owned by O'Neill Electric
. .
.,.
42
0.4c
._-0
......,
.2v-
4 4
c
t
2) s
cr 4'S P-
kr-37---Th c
c
A
W
a
f 5J
Siceu.�IV- _ v --% J �"
J
7,-
b
..
r �-
M C J'
c va' �,
' '
Jt w
0
b
.1,
0
T.iat'
s
d
{
•
3
•
i ;_ oo•c£ - /Lv..s 0.
I I ;\
.
') ..i r'r ' .'' If. i 1�
i T
Site
t 11 of
Flan•
>r it S_ _
•I
% \ ..• I • 1 t
J ` ` /'Zx27t j i
�� 'i •
c • �\i � �\ / iii \ (c
1' 1 I i • i •
. , 1- i1 O �V `11 'r•.-\-�-_—_. \t I l\ I 1 `^ II I
N
` \ ,�Dropase garage i `i i
'additicr p ', nI �` 1,�
v 1I i 1
�, I 1�f1, I!�nf;fi ,� xl
�. I .11.1.\i'‘
V I t ,1�
O 0 iilJ( �I\� y� I 1.1 n
I
)4\/
: vii �1iN i
"f\ C I
! SII v HI
\ ik
o �u�
l �' ,�jtl I..,ti \ \K 4 ...,C1 % I 1 r�h a v I y 1 I
•
•
�\ it ti ! q .' �\ N.,/ ooU h I !i
(I L ` .4- 1� 1 C 0 rk
_ �V clr�
/Qiii
0 • I -y,�70f �. �?B - ! \, 4 Q, v o@ H 1 GI, iii1
�?-/6'Si-— Y.. A /!O _. \ �ikfq •
vi 1L
Scanned by CamScanner
4 4-
1
1
r' i
9 L) -
r
. u
v ?
0
LL
v `) T\ I L
L. \TT_ n 11 U Ci
11 tt
v
5 �.Y
I b
n
i i /\A'\^ /\1\f,\
•-•-r -./„.)/), -Q-
H I Q :
- V;
— + d
s r I
Y o
S