HomeMy WebLinkAbout09-02-11 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 JERRY'S AUTO BODY FOR A CONDITIONAL USE
PERMIT TO CONSTRUCT A BUILDING ADDITION ON AN EXISTING
ACCESSORY BUILDING AT 13601 60 STREET NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Jerry's
Auto Body for a conditional use permit to construct a building addition on an existing accessory
building at 13601 60 Street North; 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 Oak Park Heights makes the following findings of fact and
resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and L
3. The property is zoned B -4, Limited Business District in which auto body
shops are neither a permitted or conditional use. The business is considered a legal non-
conformity; and
4. Section 401.15.A.10.b allows lawful non - conforming commercial
structures to be expanded on the same lot by conditional use permit; and
5. City staff prepared a planning report dated February 4, 2009 reviewing the
request for a conditional use permit; and
6. City staff recommends in the February 4, 2009 planning report that the
• request be approved with conditions; and
7. The Planning Commission held a public hearing at their February 12, 2009
• meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL RECOMMENDS
THE FOLLOWING:
A. The application submitted by Jerry's Auto Body for a conditional use permit to construct
a building addition on an existing accessory building at 13601 60 Street North and affecting the
real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following conditions:
1. The storage space shall be left unheated and be used only for storage and trash/recycling
receptacles.
2. There shall be no access from the storage area into the main portion of the accessory
building.
• 3. All activities on site shall be consistent with the City Code or as grandfathered legal non-
conformity.
4. The final building materials /finish on the building addition shall match the accessory
building subject to review and approval of City staff.
5. The existing trash dumpster structure shall be removed and the site restored to parking
area or as grass.
Approved by the City Council of the City of O k Heights this 24 ay of February
2009.
David Beaudet, Mayor
T
E ohnson, City Administrator
2
ATTACHMENT A
Conditional Use Permit
For
Jerry's Auto Body
Physical Address: 13601 60" St. N.
Washington County GEO Codes: 05- 029 -20 -12 -0018
Legal Description:
RLS #57 Lot -OA2 LOT H REGISTERED LAND SURVEY #57 EXCEPT: ALL OF THAT
• AREA OVER UNDER AND ACROSS TRACT H REGISTERED LAND SURVEY NUMBER
57
•
P
ATTACHMENT B
Conditional Use Permit
For
Jerry's Auto Body
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s) /Legal Description(s)
Planning Commission Public Hearing: February 12, 2009
Required Approvals: CUP
City Council 4/5
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)