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HomeMy WebLinkAbout2009-02-12 PC Recommending ResolutionA RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO 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 SHOULD 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 p ublic hearing elative thereto 1 � 3 the Planning Commission of Oak Park Heights makes the following findings of fact: follows, to wit: and 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHMENT B 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.1 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 made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted b Jerr Auto Bod for a conditional use permit to construct a buildin addition on an existin accessor buildin at 13601 60th Street North and affectin the real propert as follows: SEE ATTACHMENT A Be and the same as hereb recommended to the Cit Council of the Cit of Oak Park Hei for approval with the followin conditions: 1. The stora space shall be left unheated and be used onl for stora and trash/rec receptacles. 2. There shall be no access from the stora area into the main portion of the accessor buildin 3. All activities on site shall be consistent with the Cit Code or as g randfathered le non- conformit 4. The final buildin materials/finish on the buildin addition shall match the accessor buildin subject to review and approval of Cit staff. 5. The existin trash dumpster structure shall be removed and the site restored to parkin area or as g rass. Recommended b the Plannin Commission of the Cit of Oak Park Hei this 12'h da of Februar 2009. Warren Wa Vice -Chair A r_Fr_PT_'C_1r'P. 2 ATTACHMENT A S •� Ay Conditional CJs e Permit For Jerry's Auto Body Physical Address: 1360160" 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 ATTACHMENT B w ��J Conditional Use Permit For Jerry's Auto Body Application Materials 0 Application Form 0 Fees ® w ritt en Narrative and Graphic Materials Explaining Proposal 0 Mailing List from Washington Cou (350'1150' from subject property) 0 Proof of ownership or Authorization to Proceed i Property Tax Stat /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 p 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)