HomeMy WebLinkAbout2010-06-04 OPH Ltr to CA forwarding Fully Executed Document for RecordingJune 4, 2010
• Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff & Vierling. P.L.L.P
1809 Northwestern Ave., Ste. 110
Stillwater, MN 55082
Re: Re: Amended CUP - Original Owner Autos, Inc.
OPH File No.: 20-05.02 NAC File 798.02-10.02
Dear Mr. Vierling:
Enclosed
find
be
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CITY 01
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O. Box 2007 o Oak Park Heights, MN 55082 Phone: 651/439-4439 Fax: 651/439-0574
City Aoministrator
EJ:
Enclosure
with for filing with the Washington County Recorder's Office, please
f the above-referenced document. Notice of Certification has
ed.
Tree City U.S.A.
STATE OF MINNESOTA
COUNTY OF WASHINGTON ) sso
CITY OF OAK PARK HEIGHTS )
1, the undersigned being duly qualified and acting as City Administrator for the
City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that 1 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 of said document within the files of the City
of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Palle
June, 2010.
NOTICE OF CERTIFICATION
Amended Conditional Use Permit
For Original Owner Autos, Inc.
At 14398 59 St. N.
son
inistrator
eights, this 4th day of
Applicant: Ryan Redmond dba
Original Owner Autos, Inc.
836 Minnesota St.
Bayport, MN 55003
Owner: Oak Park LLC
836 Minnesota St.
Bayport, MN 55003
Site Address:14398 59th Street
OAK PARK HEIGHTS, MN 55082
CITY OF OAK PARK HEIGHTS
AMENDED CONDITIONAL USE PERMIT
FOR
ORIGINAL OWNER AUTOS, INC
File No ®: 798.02-10.02 Date Issued: June 22Q4
Amended June 1, 2010
Legal Description: (Washington County Geo. Code 0402920210039)
Tract A of Registered Land Survey No. 19, on file and of record in the office of the Registrar of Titles in and for
Washington County, Minnesota, except the east fifteen ( 15.00) feet thereof
Present Zoning District: B-2
Permitted uses set forth in Ordinance 401 Section 401.30
1. CONDITIONAL USE PERMIT FOR:
General Description:
1. The application submitted Ryan Redmond 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:
II. ADDITIONAL RESTRICTIONS AND PROVISIONS.
1. All cars sold outside shall be shown by appointment only.
2. 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. All noise created from the operations shall be in conformance with Section 401.15.B.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 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 scree 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
Avenue North, and 60th 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-conforming, it shall be brought into compliance with City
standards.
20. Upon vacation of the premises by the automobile sales business the applicant or the owner must contact
the City and notify the City of that event.
Reference Attachment:
The recommendations of the City Planner date June 3, 2004 and May 19, 2010 as adopted by the Planning
Commission and City Council are annexed hereto be reference.
Date:
Date:
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Johnson
Administrator
Original Auto Owner, Inc.
: Ryan Redrnond
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Oak Park, LLC.
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REFERENCE ATTACHMENT
Planning Consultant June 3, 2004 report and May 200i Report
NORTHWEST ASSOCIATED CONSULTANTS, INC.
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4800 Olson Memorial Highway, suite 202, Golden Malley, MN 56422
Telephone: 763.231 .2555 Facsimile: 763 231.2561 planner's @nacplafning.cam
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: May 19, 2010
RE:
FILE NO: 798.02 — 10,02
BACKGROUND
Oak Park Heights — Light Year Auto LLC, Transfer of
Conditional Use Permit Conditions to Original Owner Auto, Inc. —
14398 59 Street North
Ryan Redmond, representing Original Owner Auto Inc., has made application to allow a
transfer of the auto sales business that will be operating under the existing conditional
use ermit (CUP) at 14398 59 Street North. The CUP had originally been issued to
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Doom and Thorbus in June 2004. It was transferred in February 2008 to Light Year
Auto I.�LC .
The transfer of the CUP will allow Mr, Redmond to operate as Original Owner Auto, Inc.
in the same location and under the same conditions as the original CUP.
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Application for Arnended CUP --- Original Owner Autos Inc,
Signed Conditional Use Permit
Notice of Certification
Planning Report dated June 3, 2004
CONCLUSION/RECOMMENDATION
City staff has met with Mr. Redmond regarding his proposed business in Oak Park
Heights. He is aware of and is fully agreeable to the conditions of the CUP that were
approved in 2004. The nature of his business is very similar to the two previous car
businesses operating out of this location. City staff has not received any complaints
p g
Page 66 of 96
from the surrounding neighborhood or commercial business operations in the vicinity.
We would recommend the request and application but with one added condition:
20, Upon vacation of the premises by the automobile sales business, the applicant or
property owner must contact the City of Oak Park Heights.
2
Page 67 of 96
RE:
FILE NO:
BACKGROUND
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
NORTHWEST ASSOCIATED CONSULTANTS, INC.
•
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 3, 2004
Attached for reference:
ISSUES ANALYSIS
5775 VVayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.606_9636 Facsimile: 952.595.9837 planners@nacplanning.corn
Oak Park Heights — Doom and Thorbus Automotive Consultants
Outdoor Sales and Storage CUP — 14398 59 Street North
798.02 — 04.07
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 wail sign will be
added to the building to identify the business location.
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
conditional use subject to conditions. Mr. Thorbus, in his narrative, explains that his
primary 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 public will not be aware of the business as a retail operation. There will be
no business, flags, or prices painted on the windows. A small sign (two feet 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 Uses. The building is surrounded on the west and east by commercial
uses. To the north is 60 Street North, which is the frontage road of Highway 36. To
the south is 59th 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 59 Street and alone Avenue
North 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
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.0 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. 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.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 area proposed for the car display area is currently paved. No cars will be
stored in the fenced area.
d. The architectural appearance, scale, construction materials, and functional plan
of the building and site shall not be dissimilar to the existing nearby commercial
and residential buildings, and shall not cause impairment in property values, or
constitute a blighting influence within a reasonable distance of the site.
The building will not be altered from what exists.
0. Adequate analysis and provisions are made to resolve issues related to demand
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.
f. Ail islands in the parking lot shall be landscaped.
No changes to the parking areas are proposed.
g. A 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.
he All automotive repair activities shall be conducted within the principal structure
and the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of the service areas.
No repair activities will be conducted as part of the requested use.
1. 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.
There should be no excessive noise resulting from this use.
k. Vehicular access points shall create 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.
4
The vehicular access points are in place.
1 A drainage system subject to the approval of the City shall be installed.
The drainage system for the site is in place.
m. All signing and informational or visual communication devices shall be minimized
and shall be in compliance with Section 401.15.G of this ordinance,
A sign has been proposed in conformance with the Zoning Ordinance.
n, The provisions of Section 401,03.A.7 of this Ordinance are considered and
satisfactorily met.
The Planning Commission should review the provisions and comment.
RECOMMENDATION/CONCLUSION
Based upon the preceding review, it is recommended that the conditional use permit to
allow for outdoor auto sales in the B -2, General Business District at 14398 59 Street
be approved subject to the following conditions:
1. All cars sold outside shall be shown by appointment only.
2. 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. All noise created from the operations shall be in conformance with Section
401.15.B.11 of the Zoning Ordinance.
5
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 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.
6