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HomeMy WebLinkAbout2010-04-22 Development Application & MaterialsCITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082 (651) 439-4439 Fax: (651) 439-0574 Street Location of Property 1 93It >Atte Legal Description of Property Owner: Name Address: City: Telephone: (Horne) (Fax) Applicant: Name 5 Address: 5 City: C'1 Telephone: (Home) q5 n-Aut (Business) '1 50 1 (Other) (Fax) Description of Request(s): Owner/Applicant initials tofu Other) Base Fee: Escrow Amount: State: LS (Business) State: Type of Request(s) Zoning District Amendment Conditional Use Permit — 4, Variance: Single Family Residential Variance: Other Residential/Commercial/Industrial Subdivision Subdivision: Minor Comprehensive Plan Amendment Zip: Zip: 5537; Home Occupation Site Plan Review PUD: Amendment PUD: Concept Plan PUD: General Plan Stre Vacation L. City Financial Assistance Cy ti„ Ai 0)-4 - he 5 5 Oca if a request for planningizoning action on the subject site or any part thereof has been previously approved, please describe it below: IJKLA flCj 'c,() AO Development Application, Page 2 Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including (any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility it is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shalt be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31' of each year. Property Address Owner Signature litant Signature General Conditions Date: Date: Julie Hultman From: Kevin J. LaCasse [klacasse@greystone-commercial.com] Sent: Monday, April 05, 2010 9:19 AM To: Julie Hultman Cc: 'Scott Richards'; Eric Johnson; °Ryan Redmond'; 'Lynn Robson' Subject: FW: CUP Documents- 14398 59th Street, Oak Park Heights Hi Julie, Below is the information that Scott had requested that we send you. Thanks for your help and just let us know if you have questions! Kevin From: Ryan Redmond [mailto:reds82@live.com] Sent: Monday, April 05, 2010 8:40 AM To: klacasse©greystone-commercial.com Subject: RE: CUP Documents- 14398 59th Street, Oak Park Heights Julie, My name is Ryan Redmond. I am the business that is interested in the 14398 59th street roperty in Oak Park Heights. I am in the business of car sales especially on original owner ehicles to represent high quality and reliability. My primary focus is on the consulting side, inding cars and selling cars for individuals. I operate primarily through referrals as I am not a typical car dealer. I only have on hand 5 cars at most that I sell at a time. This location looks to be a perfect fit for my business and I would love to operate my business at this property .I have looked at the CUP and will have no problem working in the parameters of the CUP. If you have any questions please feel free to contact me at the number below. Thank you, Ryan Redmond Founder and CEO Original Owner Autos, Inc .." 952-250-2861 Ryan, 4/5/2010 c- C 31 /1.0'471, From: klacasse©greystone-commercial.corn To: reds82@live.com CC: Irobson@comrn-mgmt.com Subject: FW: CUP Documents- 14398 59th Street, Oak Park Heights Date: Fri, 2 Apr 2010 07:52:08 -0500 55 Page 1 of 3 Attn: Mark j . Vierlmg 7 3 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 Return to ECKBERG, LAMMERS, BRIGGS, WOLFF VIERLING, PLLP • DOCUMENT MAIN # 430-6755 1 1 3461472 1 11 NOTICE OF CERTIFICATION 1 11 Cindy Koosmenn County Recorder 1 11 Office of the County Recorder Washington County, MN Ceriltled flied andfor recorded on: 2004108119 12:54:00 PM 3461472 Washington County Recorders Office 11 www.comashhigtonamusnecord.er.htm ii I S ) : . ., ur docinnent has been recorded however, for your information we suggest that you review your documet. li You may want to re-record your document The following item(s) are missing or in error: O Incomplete or incorrect legal description ( Torrens property recorded in Abstract CI Incorrect reference number O Reference number mis' sing CI . Date missing Ur , Grantor/Grantee. mis` sing 0 Wrong county /i _ / - YOUR DOCUMENT is FILED IN MISCEJIANEQUS ) When re-recordhig the document, you must reference why the document is being re-recorded or corrected. Same recording fees will be charged for re-recordings. COMMENTS:. . 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: 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, except referenced attachments, which can be viewed at the city offices, of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 26th day of July, 2004. Conditional Use Permit For Down and Thorbus NOTICE OF CERTIFICATION Eric Johnson City Adi. • • v,. , 4 ) •i4 Applicant: David Thorbus 324 South Main St Stillwater, MN 55082 Owner: Oak Park Lie 324 South Main St, Stillwater, MN 55082_ • Site Address:14398 59th Street OAK PARKIIBIGI MN 55082 CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR DOOM AND THORBUS File No.: 798. 04. Gi Date Issued: June 22 2004 Legal Description: (Washington County Geo. Code o • 0, 21 0 Tract A of Registered Land Survey No 19, on file and of record hi the office of the Registrar of Titles in and for Washington County, Minnesota, except the east fifteen ( 15.00) feet thereof Present Zonhig District: B-2 Permitted uses set forth in Ordinance 401. Section 40130 I. CONDITIONAL USE PERMIT FOR: General Description: 1. The application submitted David Thorbus to allow outdoor sales of automobiles at 14398-59th Street Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 11 ADDITIONAL RESTRICTIONS AND PROVISIONS. 1. All cars sold outside shall be shown by appointment only. 2 . n There shall be no advertising of the business that would invite the public to view the inventory on site. 3. There shall be no special event advertising devices such as business, flags, or prices on windows used on site. 4. All cars .shall be presentable and in full operable condition. . 5, One two foot by three foot wall sign shall be allowed for the operation, subject to review and approval of City staff, 6. No more than five for sale cars shall be kept on site at any given time. 7. No automobile repairs shall be done in the parking lot for the operation. 8. There shall be no exterior storage of automobile parts, accessories, or related items on site. 9. Al noise created from the operations shall be in conformance with Section 401.153.11 of the Zoning Ordinance. 10. The sales operation shall not be operated between the hours of 10 :00 PM and 6:00 AM, 11. The property owner shall work with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the commercial building and parking area, The property owner shall develop a screening/landscaping plan subject to review and approval of the City staff. The approved screensandscaping plan shall be installed 90 days following City Council approval of the conditional use permit 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed 90 days following City Council approval of the conditional use permit. 13, One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. The tenant may designate up to five parking spaces for exclusive use of the auto sales business, 15. The Police Department and Public Works Department shall review the site and make a recommendation regarding on-street parking and loading access for 59 Street North, Olene Avenue North, Olinda g 60 Avenue North, and 60 Street North. 16. The property owner shall stripe all 41 parking stalls on the property. 17, No on- street parking is allowed for this business. 18. This conditional use permit shall be reviewed in one year to determine if the business is in conformance with these conditions of approval. 19. If the exterior lighting on the building is non-conforniing, it shall be brought into compliance with City standards. 1111. Reference Attachment: The recommendations of the City Planner date June 3, 2004 as adopted by the Planning Commission and City Council are annexed hereto be reference. . • Date: IN WITNESS WHEREOF, the parties have set forth their hands and seals. By arYflfroz Gins By h. 411,.„ av eaude Ma r DaviciThorhus REFERENCE ATTACHIVITNT Planning Consultant June 3, 2004 report ,•••••-•••••••••■••••••., ••••.••••••••••,••••••••••■••••,-...........••• dr• PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 3, 2004 RE: Oak Park Heights — Doom and Thorbus Automotive Consultants Outdoor Sales and Storage CUP — 14398 59 Street North FILE NO: 798.02 — 04.07 BACKGROUND David Thorbus, owner of Doom and Thorbus Automotive Consultants, has made application for a conditional use to allow for outdoor auto sales in the B-2, General Business District at 14398 59 Street North, Suite 4, The request is to allow a display area for five and fewer cars to comply with the State of Minnesota used car vehicle licensing requirements, The office area and car display area is behind the NAPA Auto Parts store, No changes to the exterior of the building or the parking area are proposed. A small wall sign will be added to the building to identify the business location. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: NORTHWEST ASSOCIATED CONSULTANTS, INC. 5776 • Wayzata ,Boulevard, . Suit e 555, St. Louis Park, MN 65416 Te*DhOrle: 952.596_9686 Fabsimile: 052Z16,9837 planners@naoplanning:cOni ISSUES ANALYSIS Plat Map/Site Location Site Survey Site Plan Schematic Drawing of Building Project Narrative Pictures of Site ■■• Project Request The request is to allow a maximum of five cars to be displayed for sale in the B-2, General Business District. Section 401,30.E.6 of the Zoning Ordinance lists open and outdoor services, sale and rental for new or used autos as a listed condo subject use subject to conditions. Mr. Thorbus, in his narrative, explains that his rima business is brokering new vehicles through dealers from his office in Stillwater, � � � � A small portion of the business involves wholesale and retail sales of pre owned cars. In order to sell used cars, the State of Minnesota requires that a display area be provided for at least five cars. In that there is no room at his Grand Garage location in downtown Stillwater, he will maintain a small office and display area in Oak Park Heights, Mr. Thorbus proposes the following for the business at this location: 1. Cars sold retail to the public area shown by appointment only. 2. There will be no advertising that would involve the public to view the inventory at the site. 3. The p ublic will not be aware of the business as a retail operation. There wilt be feet b no business, flags, or prices painted on the windows. A small sign (two f by three feet) would be provided to identify the location. It would be located to the left of the entrance door to the office, not visible to the street and will not be lighted. 4. All cars will be presentable and in good condition. 5. No more than five for sale cars will be at the site at any given time. 6. No changes in site lighting will be made. Surrounding ses. The building is surrounded on the west and east by commercial g 60 uses. To the north is 6D Street North, which is the frontage road of Highway 3 6 To the south is 59 Street and single family properties zoned R-2, Low and Medium Density Residential. Parking. Currently there are 41 surface parking spaces on site for the building and its uses. Oak Park Auto has an additional 5 spaces indoors within their service area. Napa would require 17 spaces, Oak Park Auto would require 14 spaces, and the two office spaces an additional 9 (the proposed office included) for a total of 40 required parking spaces, With .46 total spaces on site, there is adequate stalls to allow the five additional spaces required for the auto sales business. The stalls abutting 5g Street and Olene Avenue North Drth are not conforming with current parking standards in that they back out directly onto the right-of-way. The site design is grandfathered and would be allowed to o cn i continue. There has not been problems in the past with this design in that both of the streets do not have high traffic counts. 2 Only one disability accessible stall is indicated on site and it is near the front entrance to the NAPA Store. In order to comply with State of Minnesota standards, an additional stall should be designated near the rear of the building. Signage. The applicant has indicated that a six square foot sign would be proposed on the left side of the entrance door to the office space. The sign would not be lit. The sign would be allowed as provided under Section 401 ,15.G, Signs of the Zoning Ordinance, Lighting* No additional site lighting is proposed. Trash Enclosures. The pictures of the site indicate that at least two dumpsters for the site are stored outside with no screening. To be consistent with Zoning Ordinance standards, the dumpsters should be stored indoors or provided with a screening enclosure. The property owner will be required to submit a plan indicating enclosures for the dumpsters. Conditional Use Permit Criteria. Section 401.30.E.6 of the Zoning Ordinance lists criteria for consideration of open and outdoor sales fees for new or used automotive businesses, The criteria and staff comments are as follows: a Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15,E of this Ordinance, The five parking spaces to be utilized for outdoor sales are adjacent to the entrance door for the office on 59 Street North, The parking stalls back directly onto 59 Street which is not allowed by current Zoning Ordinance performance standards but has been grandfathered as part of this building. The use directly to the south from this parking area is the side lot of a single family property zoned R-2, Low and Medium Density Residential, While landscaping on the subject property is not possible, the property owner should work with the adjacent single family owner to determine if any additional screening or landscaping could be placed on their property, b. Al! 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,B.7 of this Ordinance. No new lighting is proposed, Any screening as provided above should prevent existing lighting to interfere with the single family use, c, Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing, 3 The ar ea proposed for the car display area is currently paved. No cars will be stored in the fenced area. d. The appearance, architectural a earance, scale, construction materials, and functional plan of the building nd site shall not be dissimilar to the existing nearby commercial g and residential buildings', and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site, g � The building will not be altered from what exists, analysis and provisions are made to resolve issues related to demand ert Adequate � p for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site There would be no service issues resulting from this use. fa Ali islands in the parking lot shall be landscaped. No changes to the parking areas are proposed. A p strip of not less than ten (10) feet shall be landscaped at the edge of all parking/driveway areas adjacent to lot lines and the public right -of -way. The parking areas were established before current parking performance standards and are grandfathered■ Ali automotive repair activities shall be conducted within the principal structure h ° � when and the doors to the service bays shalt be kept closed except 1 en vehicles are being moved in or out of the service areas. No repair activities will be conducted as part of the requested use. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10 :00 PM and 6 :00 AM unless otherwise allowed by formal action of the City council. The hours listed above shall be made a condition of the approval, Provisions are made to control and reduce noise in accordance with Section 401,15.B.11 of this ordinance, g. There should be no excessive noise resulting from this use. k, Vehicular points access oints shall create a minimum of conflict with through traffic movement, ovement shall comply with Section 4O1.15,F of this Ordinance and shall be subject to the approval of the City Engineer, 4 10, The sales operation shall not be operated between the hours of 10:00 PM and 6 6:00 AM. 11. The property owner shall work with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the commercial building and parking area The property owner shall develop a screening/landscaping plan subject to review and approval of the City staff. The approved screening/landscaping plan shall be installed 90 days following City Council approval of the conditional use permit. 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed 90 days following City Council approval of the conditional use permit. 13. One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. Any other conditions of City staff, the Planning Commission, and the City Council.