HomeMy WebLinkAbout2009-02-24 CC Meeting Packet EnclosureOak Park Heights
Request for Council Action
Meeting Date Februar 24 2009
Time Required: 5 Minutes
Agenda Item Title: Jerry's Auto Bod — Conditional Use PermitiSite Plan Review13601 60 St. N.
Agenda Placement New Business _
Originating DepartmentJRequeE1 Eric Johnson, City_Administrator
Requester's Signature .. • ,
Action Requested
Please see the attached from Scott Richards, City Planner
L Planning Report dated February 4, 2009.
2. Planning Commission Recommending Resolution ( Unsigned )
3. Proposed City Council Resolution.
Backgroundijustificatioxi (Please indicate if any previous action has been taken or if other public
bodies have advised)I
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PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: February 4, 2009
RE: Oak Park Heights — Jerry's Auto Body Conditional Use Permit for a
Storage Addition /Design Guidelines Review, 13601 60 Street North
FILE NO: 798,02 - -09,01
BACKGROUND
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
ISSUES ANALYSIS
NORTHWEST ASSOCIATED CONSULTA
Aerial Photo of Site
Site Plan
Elevation Diagram
Elevation Diagram
Site Photos
i .
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN (64.22
Telephone: 763.231 .2555 Facsimile: 783.231 ,2561 planners @nacplknning corn
Gerald Schoenecker of Jerry's Auto Body has requested a conditional use permit to
construct a building addition on the accessory building at 13601 6O Street North. The
addition would be on the east side of the accessory building and would house trash,
recycling, and parts storage.
The subject site is zoned B -4, Limited Business District in which auto body shops are
neither a listed permitted or conditional use. Jerry's Auto Body is a non - conforming use.
The Zoning Ordinance allows expansion of structures for a non - conforming use by
conditional use permit.
Project Description. The applicant proposes to replace the existing trash dumpster
enclosure with an expansion of the accessory building that is currently located on site.
The current trash storage area is located at the southeast corner of the site. It will be
removed if the conditional use permit is approved for the building expansion. The
•
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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 trashlrecycling and parts storage.
The space will be unheated and not accessible from the interior of the accessory
buliding.
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.1O.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
4
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, height, and other performance requirements.
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.
2
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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 (Le., 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.
3
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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 it:
SEE ATTACHMENT A
and
The applicant has submitted an application and supporting
documentation to the Community (Development (Department consisting of the following items:
and
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT B
3. The property is zoned 13 -4, Limited Business District in which auto body
shops are neither a permitted or conditional use. The business is considered a legal non-
con formity; and
4. Section 401.15.A.10.1) 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
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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 01? 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 he used only for storage and trash /recycling
receptacles.
2. There shall be no access f rom the storage area into the main portion of the accessory
buildi.g.
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.
2009.
ATTEST:
Approved by the City Council of the City of Oak Park Heights this 24 day of February
pl y y
Eric A. Johnson, City Administrator
David Beaudet, Mayor
2
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Legal Description:
ATTACHMENT A
Conditional Use Permit
For
Jerry's Auto Body
Physical Address: 13601 60 St. N.
Washington County G EOO Codes: 05
RLS 457 Lot-0A2 LOT I-I REGISTERED LAND SURVEY #57 EXCEPT: ALL OF THAT
AREA OVER UNDER AND ACROSS TRACT H REGISTERED LAND SURVEY NUMBER
57
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A.TTA CIIM ENT B
Conditional Use Permit
For
Jerry's Auto Body
Application Materials
O Application Form
• Fees
+� Written Narrative and Graphic Materials Explaining Proposal
O Mailing List from Washington County (350'/150' from subject property)
O Proof of Ownership or Authorization to Proceed
• Property 'fax Statement(s) /Legal Description(s)
Planning Commission Public Hearing: February 12, 2009
Required Approvals: CUP
City Council 415
Conditioptal Use Permit . Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
' �' � � r void twelve (12) months after the
request, the conditional use permit simil become null and vo id t e
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)
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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 public hearing relative thereto,
the Planning Commission of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit: SEE ATTACHMENT A
2, 'File applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
and
A RECOMMENDING RESOLUTION
01? THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE a ATTAC11ME T 13
3. The property is zoned Bµ4, 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 4O1.15.A.1O.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
6f 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:
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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 by Jerry's Auto Body for a conditional use permit to construct
a building addition on an existing accessory building at 13601 60th, Street North and affecting the
real property as follows:
ATTEST:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval 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,
Recommended by the Planning Commission of the City of Oak lark Heights this 12 t } day
of February 2009.
Eric A. Johnson, City Administrator
Warren Wasescha, Vice -Chair
2
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Legal Description:
ATTACHMENT A
Conditional Use Permit
For
Jerry's Auto Body
Physical Address: 13601 60 St. N.
Washington County GEO Codes: 05 12
RLS #57 Lot-0A2 LOOT 11 REGISTERED LAND SURVEY #57 EXCEPT: ALL 01 'FI IAT
AREA OVER UNDER AND ACROSS TRACT 11 REGISTERED LAND SURVEY NUMBER
57
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ATTACHMENT B
Conditional Use Permit
For
,Jerry's Auto Body
Application Materials
o Application Born
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/l 50' from subject property)
• Proof of Ownership or Authorization to Proceed
O Property Tax Statements) /Legal Description(s)
Planning g ommission 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.
(40 03C4a and b)
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