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Home My WebLink About2009-03-11 WC Recorded Document #1189916 - TorrensReceipt#: 93738 USE $46.00 Attest Copy $2.0O Return to: ATTORNEY'S TITLE OF STILLWATER 1809 NORTHWESTERN AVE SUITE 110 STILLWATER MN 55082 1189916 Certified Filed and/or recorded on: 3/11/2009 9:53 AM 1189916 Certificate #: 57151 Office of the Registrar of Titles Property Records & Taxpayer Services Washington County, MN Kevin J Corbid, County Recorder STATE OF MINNESOTA ) COUNTY. OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) NOTICE OF CERTIFICATION ri o Cif nson dministrator County Recorder /Registrar Washington County, Minnesota TORRENS Receipt: 93738 Date: 3/1 1/2009 Time: 9:53AM ATTORNEY'S TITLE OF STILLWATER Fee Doc # /Cert # Amount IJSE 1189916 $46.00 57151 AT Total Due: Escrow $48.00 $48.00 1, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I 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. CITY OF OAK PARIS HEIGHTS CONDITIONAL USE PERMIT JERRY'S AUTO BODY 13601 60 STRETT NORTH File No.: 798.02 Date Issued: February 24,2009 Legal Description: (Washington County Geo. Code 0502920120018) 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 13 601 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 non - conforming 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 shah 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 mat building materials/fmish on the buildin 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. III. Reference Attachment: The reports of the City Planner dated Febru..aiy 4, 2009 and site plan approved by the City Council are annexed hereto by reference. IV. Abandonment: This � requires uires continuous use in order to preserve the Conditional Use granted by the p 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 IN WITNESS WHEREOF, the parties have set forth their hands and seals, Date: J/4Ja Date: Date: o 9 Date: 9 Woloi JOSEPH W SCHOENECKER ti - Tract H, REGISTERED LAND SURVEY NO. 57, according to the plat thereof on fi the ate le and of record the office of �� s�rar , cif ��,txey ,in .and for Washington hiI'1gtC3n Cotlnty r Minnesota, EXCEPT the following described All of that parcel s area over, under and across Tract 1 Re files of the Registrar of T � Registered Land Survey No . 57, �.tles, Washington County, M.inn i northerly of a line that a. s 50.00 feet Y esota ► Said area lies .ng described Line Az cat sou�ther�.y of and parallel ,th the follow- Commencing at the northeast Gorr 5, Township 29, Ran az of the Northwest Quarter of sactio 9e 20, Washington County, Minnesota i n assumed hearing of North 89 cue Tees d thence on an the North line of `� �� minutes xg seconds west, a�.or� Northwest Quarter, 628.67 fee g said North degrees 23 minutes 41 seconds t : thence South (� 8 �a$t 1.43 feet: thence angle South 89 de 38 minutes 22 seconds East 313. �. � thence Southeasterly deg feet along a t 7a feet. �. 2�2. �. g tangential . curve, concave to the sou v 8 of 342.06 feet and a eentracentral thwest, having a radius to the point of b gle of 33 degrease 53. minutes 58 gee eginning of the line to be described; nly ed � 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 degrees 51 minutes S]. seconds Y feet along a reverse curve, Concave to the south- east, having a radius of 300.00 feet and a central angle of 34 degrees 59 minutes 33 seconds; thence South 89 degrees 38 minutes 22 tangent to the last curve, 207.77 seconds East, feet and said line terminating. hddit3ona►Zy that area located ova Lies n °rthweSter�. �', under and across that part of said Trac Y of the following described Line: t H. that Beginning at a point on the { e west line of said Tract H south of the northwest earner of said � distant 57.23 feet ing right 52 degrees 50 d bract �i; thence northeasterly deflect- J 0 minutes 43 seconds 53.11 feet to the of a line 50.00 feet southerly of he intarsect3.ean there terminat y o the above descried Line and said line EXHI3IT "B PLANNERS REPORT AND SITE PLANS Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: ISSUES ANALYSIS NORTHWEST ASSOCIATED CONSULTANTS, INC. IIIMINIMMINEERNMENNIMOMM 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 703.23 1 .2561 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 4, 2009 Oak Park Heights -- Jerry's Auto Body Conditional Use Permit for a RE: 9 Addition /Desi ora e S t g Addition/Design Guidelines Review, 13601 60 th Street North FILE NO: 798.02 — 09.01 BACKGROUND Schoenecker of Jerry's Auto Body has requested a conditional use permit to Gerald Soho r]►' 60 . addition on the accessory building at 13601 60 Street North. The construct a building ry 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 � nether a listed isted ermitted 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. Attached for reference: Aerial Photo of Site Site Plan Elevation Diagram Elevation Diagram Site Photos Project Description. lip proposes D scri tion. The applicant roposes 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 conditional use permit is a roved for the building expansion. The removed if the co p pp applicant had begun construction on the building addition but was stopped by the City pending approval of the conditional use permit. applicant proposes to use the storage area for trashlrecycling and parts storage. The app p p T h e space ace will be unheated and not accessible from the interior of the accessory building. Plan. The Comprehensive Plan Land Use Map designates this area Comprehensive p for comme 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 is zoned B-4, Limited Business District in which auto body shops are permitted property neither a ermitted or conditional use. Section 401.15.A.1O,b allows lawful non - conforming ormin 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 nsion of building found to be non-- conforming only by reason of height and setback requiring are exempt from uiring a conditional use permit and may be approved g 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 g f he buildin or site is not being increased. The building will g an existing lace n 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. 4) The request for conditional use permit shall be evaluated based on standards and criteria set forth in Section 401.O3.A.7 of this Ordinance. In this section, the Planning Commission and City Council are directed to consider the p ossible adverse effects of the proposed use based upon the following factors: a. Relationshi p to the specific policies and provisions of the municipal comprehensive plan. 2 b. Th e conformi ty with present and future land uses in the area. c. The environmental issues and geographic area involved. . will to or actually depreciate the area in which it is d. Whether the use w�l tend Y proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. 9. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing p istin blic services and facilities including parks, � 1 streets, and utilities, and the City's service capacity. schools, y The proposed use's conformity with all performance standards contain ed �. herein (Le., parking, loading, noise, etc.). Commerrt. 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 bu g ildin will be finished in the same white metal siding as the existing accessory building. The existing accessory building is not consistent with g Design Guidelines and it is not reasonable to require this minor addition to be � constructed with the mater required uired within the Guidelines. Additionally, a significant q buildin g investment for a non - conforming use is not advisable. CONCLUSION 1 RECOMMENDATION Based upon the preceding r , City eview Cit 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 shall be consistent with the City Code or as grandfathered on site legal non - conformity. 4. The final building materials /finish on the building addition shall match the � a ccessory g subject subect to review and approval of City staff. � p 5. The existing trash dumpster structure shall be removed and the site restored to parking area or as grass. 3 r Page 97 of 110 . • • - • • 0 1\0 Page 99 of 110 • • • Page 100 of 110 •• , NI , )-- , 1-1 \'',1 c*$ 4. . c‘,.. N ') D ‘t- .. ' \ k er:4. V/e(?' 471,/ \ ..... •••• • 3 • it•• • . Page 98 of 110