HomeMy WebLinkAbout2009-02-04 NAC Planning ReportNORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Hi Suite 202, Golden Valle MN 66422
Telephone- 763.231.2555 Facsimile: 763.231.2561 planners@nacplannin
ENCLOSURE 2 "Nil
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: Februar 4, 2009
RE: Oak Park Hei — Jerr Auto Bod Conditional Use Permit for a
Stora Addition/Desi Guidelines Review, 13601 60th Street North
FILE NO: 798.02 — 09.01
BACKGROUND
Gerald Schoenecker of Jerr Auto Bod has re a conditional use permit to
construct a buildin addition on the accessor buildin at 13601 60th Street North. The
addition would be on the east side of the accessor buildin and would house trash,
rec and parts stora
The subject site is zoned B-4, Limited Business District in which auto bod shops are
neither a listed permitted or conditional use. Jerr Auto Bod is a non-conformin use.
The Zonin Ordinance allows expansion of structures for a non-conformin use b
conditional use permit.
Attached for reference:
Exhibit 1:
Aerial Photo of Site
Exhibit 2:
Site Plan
Exhibit 3:
Elevation Dia
Exhibit 4:
Elevation Dia
Exhibit 5:
Site Photos
ISSUES ANALYSIS
Project Description. The applicant proposes to replace the existin trash dumpster
enclosure with an expansion of the accessor buildin that is currentl located on site.
The current trash stora area is located at the southeast corner of the site. It will be
removed if the conditional use permit is approved for the buildin expansion. The
applicant had begun construction on the building addition but was stopped by the City
pending approval of the conditional use permit.
The applicant proposes to use the storage area for trash /recycling and parts storage.
The space will be unheated and not accessible from the interior of the accessory
building.
Comprehensive Plan. The Comprehensive Plan Land Use Map designates this area
for commercial land use. The auto body shop is considered more of a business park or
light industrial use, but the business is a grandfathered non - conformity.
Zoning. The property is zoned B -4, Limited Business District in which auto body shops
are neither a permitted or conditional use. Section 401.15.A.10.b allows lawful non-
conforming commercial structures to be expanded on the same lot by conditional use
permit. The criteria for allowing such a conditional use is follows:
1) Expansion of building found to be non - conforming only by reason of height and
setback are exempt from requiring a conditional use permit and may be approved
by the Zoning Administrator.
The use of the site and building is non- conforming, thus requiring a conditional
use permit.
2) Except for the above, the expansion will not increase the non - conformity of the
building or site.
The non- conformity of the building or site is not being increased. The building
will replace an existing trash enclosure. The building addition is within the
allowable setbacks for an accessory structure in this district.
3) The new building expansion will conform with all applicable performance
standards of this Ordinance. A conditional use permit shall not be issued under
this section for a deviation from other requirements of this Ordinance unless
variances are also approved.
No other variances are required. The building addition Will comply with all
setback, freight, and other performance requirements.
4) The request for conditional use permit shall be evaluated based on standards
and criteria set forth in Section 401.03.A.7 of this Ordinance.
In this section, the Planning Commission and City Council are directed to
consider the possible adverse effects of the proposed use based upon the
following factors:
a. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
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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.).
Comment Our office has evaluated the above criteria and determined that the
building addition sufficiently meets these requirements. There should be no
adverse impact with this minor building addition.
Design Guidelines. The building will be finished in the same white metal siding as the
existing accessory building. The existing accessory building is not consistent with
Design Guidelines and it is not reasonable to require this minor addition to be
constructed with the materials required within the Guidelines. Additionally, a significant
building investment for a non - conforming use is not advisable.
CONCLUSION 1 RECOMMENDATION
Based upon the preceding review, City staff recommends that the conditional use permit
be approved 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.
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