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HomeMy WebLinkAbout2009-03-11 WC Recorded Document #1189916Receipt#: 93738 Conditional Use Permit USE $40.00 Return to: ATTORNEY'S TITLE OF STILLWATER 1809 NORTHWESTERN AVE SUITE 110 STILLWATER MN 55082 1189916 i i i i u N 1 1 1 1 i 1 1 11 Certifed 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 C'orbid, County Recorder 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 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 ray hand and the seal of the City of Oak Park Heights, this 6th day of March, 2009. Eric nson Cit ' dministrator Legal Description: (Washington County Geo. Code 0502920120018) See Attached Exhibit "A" Owners: GERALD A SCHOENECKER JR & JOSEPH W S CHOENECICER Address: 5068 Marquess Trail North, Lake Elmo, 55042 File No.: 798.02- -09.01 Date Issued: February 24 2009 Present Zoning District: B -4 Limited Business District CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT JERRY'S AUTO BODY 13601 60 STRETT NORTH Site Address: 13601 60 st. North, Oak Park Heights, Minnesota 55082 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 s • • • /'� T s •i, -1 � � - - -__ _ -- T ' _ -�.__ • _.L • -- -- �_ • _ - 1 _ _.._ �► i 1 _ 1_ ._ 7__ _.1_ _ ._ _. _ _. _ _.. _'.17_ _ 1° ■ .1 site is zoned B--4, �L.�la.z �acyv i ���►��[�v►� 1JLr] 4114JL .[11 rra11V1� CLUAAJ vv.�y 01.1A./110 V �1V1W1�1 ca 1:0 VU �1Vi111iLLLeV 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. III. 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. Iv. 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 Dom: .atS/4 -/40 Date: IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: 3'`6 09 Date: ,„„.g. 5 c l 9G By yor F OAK PARK BEAUDET By ERIC JOHNSON City Administrator JOSEPH W SCHOENECKER IGIITS L-DJIAQS GERALD A SCH i OEMCKER JR Tract H, REGISTERED LAND SURVEY NO. according to th plat thereof the �e on file and of record in the o g�$tr�r , ref Titles ,in. and office of . for W$� hington County, Min EXCEPT the following desc flesota. �1X of r�.bed parcel r that area aver. under and with th � files of the Registrar Tract U, Registered Land Survey of Titles, Washington Coo Minnesota. Said area a 57, northerly of a line that is S County, Sad. for herly of Line 0 feet southerly d area follow- e Ar Commencing at the north y of and parallel with east corner of the Northwest � r Township h�3,p 2 9 * Range � 2t� Quarter of 5 , To n bearing , Wa s h�, n gton County, Minnesota; Section . ing of North 89 de tees s vta, thence on an the North line of said N g 36 minutes 19 seeds was t degrees 23 Northwest Quarter, 628.67 f West, along minutes �1 seconds set 1.49 � eat thence South 00 38 minutes 22 seconds La, feet; thence 3 feet . thence �vuth $ 9 degrees feet elan a East 313.713 e South 18 g tangential •ourv easterly 2[�� . ].� . of 3 X42 a �f� feet and a centres ' concave to the southwest, having a of 342.06 point © 1 angle of 33 de g radius of beginning green 53, minutes 58 seconds to 1 feet along g of the line to be described thence easterly cng a reversQ easterly of 3'42. �5 feet and. a ce.ntr curve, concave to the north, Navin a t hence easterly al angle of 68 degrees 51 minutes radius 183.22 feet along a reverse 3I seoaout east, having a radius of 300.00 a cu r v e � concave to the south- .� 59 minutes 33 seconds; feet and a central. an 1e of h nd s ; thence South 89 de g f 3 degrees tangent to the last curve grew 38 minutes 22 seconds 207.77 feet and said line s East, �ddi,t3.one3.y that area 1 ®o terminating. Lies northwesterly located over, under and across ghat part of said Tract terly of the following described ct t Beginning r3.bed l.irae z � that g at a point an the west line of ' south of the northwest corner said Tract N � distant 57.23 of said Tract H; thence northeasterly f eQt ing fight 52 degrees 50 minutes i n a right 5 notes 43 seconds 53.11 fee deflect � feet southerly t to the intersection . there terminating. . Y of the above described Line A g and said line o is " 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 60 Street North 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 00th 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 Zoning Ordinance allows expansion of structures for a nonconforming use by conditional use permit. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: ISSUES ANALYSIS NORTHWEST ASSOCIATED CONSULTANTS, INC. Aerial Photo of Site Site Plan Elevation Diagram Elevation Diagram Site Photos 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com 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 pp g pending approval of the conditional use perrnit. 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 } p 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 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 ro osed use's conformity with all performance standards contained p p 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 i ■ Design Guidelines and it is not reasonable to require this minor addition to be with ■ r ■ ■ a . A ■ ■ a ■ constructed with the materials required within the Guidelines. Additionally, a significant building investment for a nonconforming use is not advisable. CONCLUSION /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 , Page of 110 '; 0 .11.. • • • • • • •• • • •• • Y. • • • • • • • • • •• I • • • • • • • • II 4, • • • Page 99 of 110 1 Page 100 of 110 4 —> o\ ■•••••“•....• , srl- -, .TI --) 0 tN \''l 1 ,) ' i : t i ,.. 4) \ V '4$ \ \ 5e„,-,„frife? ,,,/ ,- • Page 98 of 110