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Home My WebLink About2009-03-06 OPH Ltr. to CA Forwarding CUP Document for RecordingMarch 6, 2009 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574 Mr. Mark Vier ling Eckberg, Lammers, Briggs, Wolff & Vier ling. P.L.L.P 1809 Northwestern Ave., Ste. 110 Stillwater, MN 55082 Re: Jerry's Auto Body: Conditional Use Permit OPH DF 09-01.01 NAC File 798.02-09.01 Dear Mr. Vier ling: Enclosed herewith for filing with the Washington County Recorder's Office, please find a copy of the above-referenced document. Notice of Certification has bee- of tached. r ( ill ohnson 1 , Administrator J: jah Enclosure Tree City U.S.A. STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) NOTICE OF CERTIFICATION 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: Conditional Use Permit For Building Expansion for a Non- Conforming Use Within the B -4, Limited Business District Related to an Accessory Building Expansion for Trash Enclosure Relocation 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 Park Heights, this 6th day of March, 2009. Eric Cif nson dministrator CITY OF OAK PARK I3EIGHTS CONDITIONAL U S E PERMIT JERRY'S AUTO BODY 13601 60 STRETT NORTH File No.: 798.02- -09.01 Date Issued: February 24,2009 Legal Description: (Washington County Geo. Code 0502929120018) See Attached Exhibit "A" Owners: GERALD A SCHOENECKER JR & JOSEPH W SCHOENECKER Address: 5068 Marquess Trail North, Lake Elmo, 55042 Site Address: 13601 60 st. North, Oak Park Heights, Minnesota 55082 Present Zoning District: B -4 Limited Business District Permitted uses set forth in Ordinance 401 Section 401.15.A.10 . b I. CONDITIONAL USE PERMIT: Gerald Schoenecker of Jerry's Auto Body has requested a conditional use permit to construct a building addition on the accessory building at 13601 60 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 nonconforming use by conditional use permit. All uses shall be subject to the following conditions and/or restrictions imposed by the February 24, 2009 Resolution of the City Council of the City of Oak Park Heights as follows: 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. LIT. Reference Attachment: The reports of the City Planner dated February 4, 2009 and site plan approved by the City Council are annexed hereto by reference. N. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review: Annual review is /is not imposed as a condition of this permit Date: Date: IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: Date: yor F OAK PARK IGHTS / BEAUDET i / ERIC JOHNSON City Administrator By GERALD A SCHOENE. CKER JR JOSEPH W SCHOENECKER EXHIBIT "A" LEGAL DESCRIPTION Tax Description for 0502920120018. RLS #57 Lot -0A2 LOT H REGISTERED LAND SURVEY #57 EXCEPT:ALL OF THAT AREA OVER UNDER AND ACROSS TRACT H REGISTERED LAND SURVEY NUMBER 57 -FILES OF THE REG- ISTRAR OF TITLES - WASHINGTON COUNTY MINNESOTA -SAID AREA LIES NORTHERLY OF A LINE THAT IS 50 FEET SOUTHERLY OF AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE A:COMMENCING AT THE NORTHEAST CORNER OF THE NW 114 OF SECTION 5 TOWNSHIP 29 RANGE 20 -WASH- INGTON COUNTY MINNESOTA THENCE ON AN ASSUMED BEARING OF NORTH 89 DE- GREES 36 MINUTES 19 SECONDS WEST ALONG THE NORTH LINE OF SAID NW I14 628.67FEET THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS EAST 1.49FEET THENCE SOUTH 89 DEGREES 18 MINUTES 22 SECONDS EAST 313.70 FEET THENCE SOUTHEASTERLY 202.18 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE SOU- THWEST HAVING A RADIUS OF 342.06FEET AND A CENTRAL ANGLE OF 33 DEGREES 51 MINUTES 58 SECONDS TO THE POINT OF BEGINNING OF THE LINE TO BE DESCR- IBED THENCE EASTERLY 411.09 FEET ALONG A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 342.06 FEET AND A CENTRAL ANGLE OF 68 DEG- REES 51 MINUTES 31 SECONDS THENCE EASTERLY 183.22 FEET ALONG A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAV- ING A RADIUS OF 300 FEET AND A CEN- TRAL ANGLE OF 34 DEGREES 59 MINUTES 33 SECONDS THENCE SOUTH 89 DEGREES 38 MINUTES 22 SECONDS EAST TANGENT TO THE LAST CURVE 207.77 FEET AND SAID LINE THERE TERMINATING- ADDITION ALLY THAT AREA LOCATED OVER UNDER AND ACROSS THAT PART OF SAID TRACT H THAT LIES NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT H DISTANT 57.23 FEET SOUTH OF THE NORTHWEST CORNER OF SAID TRACT H THENCE NORTHEASTERLY DEFLECTING RIGH 52 DEGREES 50 MINUTES 43 SECONDS 53. 11 FEET TO THE INTERSECTION OF A LINE 50 FEET SOUTHERLY OF THE ABOVE DESCRIBED LINE A AND SAID LINE THERE TERMINATING REGISTERED LAND SURVEY NUMBER 57 OAK PARK HEIGHTS CITY EXMBI1 "B" PLANNERS REPORT AND SITE PLANS 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 00th Street North 9 FILE NO: 798.02 — 09.01 BACKGROUND Gerald Schoenecker of Jerry's Auto Body has requested a conditional use permit to construct a building addition on the accessory building at 13601 60 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 nonconforming use. The Zonin g Ordinance allows expansion of structures for a non conforming use by conditional use permit. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: ISSUES ANALYSIS NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners @nacplanning.com Aerial Photo of Site Site Plan Elevation Diagram Elevation Diagram Site Photos 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 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. 4 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, 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 b. The conformity with present and future and 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 Quidelines. 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. Alt activities on site shall be consistent with the City Code or as grandfathered legal nonconformity. 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 r Page of 110 0 • --.) 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