Loading...
HomeMy WebLinkAbout2001-12-27 CC Resolution #01-12-68RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE CONDITIONAL USE PERMITS FOR KARMAnTnT JACK'S INC. FOR PROPERTY LOCATED AT 14621 60 STREET BE REVOKED WHEREAS, the City of Oak Park Heights has documented violations of the conditional use permits issued to K.armann Jack's in August 1 999 and November 1999, for property located at 1462160"' Street, and after conducting an annual review at their December 11, 2001 meeting, the City Council of Oak Park Heights makes the following findings of fact and resolution. 1. The subject property is legally described as follows, to wit: SEE EXHIBIT A 2. A conditional use permit, approved by the City Council on August 24, 1999, was granted to the applicant for the subject property at 1462160"' Street to allow outdoor, used auto sales and minor auto repair subject to the following conditions: a. The outdoor sales area shall be limited to not more than 30 percent of the gross floor area of the principal structure. b. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays kept closed except when vehicles are being moved in or out of the service areas. C. The applicant specify the proposed colors for the building facades and canopies, subject to review and approval of City staff. d. The proposed neon accent on the building facade is removed. e. The landscape plan is subject to review and approval of the City Arborist. f. The bituminous parking surface and concrete curb are improved, subject to r Zoning Ordinance requirements and the review and approval of the City Engineer, and 3. A conditional use permit, approved by the City Council on November 23, 1999, was granted to the applicant for the subject property at 1462160"' Street to allow major auto repair to include a body shop, painting of vehicles, and mechanical repair subject to the following conditions: a. The conditions for approval of the CUP for automobile sales and minor auto repair approved by the City Council on August 24, 1999 shall apply to the CUP for major auto repair. b. Approval of the CUP is subject to finalization and publication of the Zoning Ordinance amendment to allow major auto repair as a conditional use in the B -2, General Business District. C. Any changes to the exterior lighting will be required to conform to Section 401.15.B.7 of the Zoning ordinance. d. All automobile repair activities shall be constructed within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. e. There shall be no exterior storage of automobile parts, parts cars, or related items - on the site. All storage shall be .. internal to the building. - Any cars . to be stored outside of the building shall be in full working order. f. All nose created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning ordinance. g. Completion of the parking lot and curb /gutter improvements, subject to review and approval of the City Engineer. h. The automotive repair and food operations shall be totally separated including all ventilation systems and storage of materials in conformance with the requirements of the Washington County Department of Health, Environment and Land Management and the Building official. i. The applicant shall receive and retain a Hazardous Waste Generators License from Washington County. j. The applicant shall receive and retain an air discharge permit from the Minnesota Pollution Control Agency. 2 4. The business identified as Karmann Jack's is no longer operating at the subject property; and 5. The owner is in violation of the conditional use permits in that there is storage of non - operable vehicles, automobile parts, and trash in violation of the conditions of the conditional use permit approved November 23, 1999; and 6. Reports have been filed by the City Building official and City Police Officers documenting the outside storage violations; and 7. The City Council held an annual review of the conditional use permits at their December 11, 2001 meeting, with proper written notification to the property owner in compliance with Section 40 1.03 of the Zoning ordinance; and 8. After reviewing the violations of the conditional use permits and determining that the business known as Karmann Jack's no longer occupies the subject property, the City Council approves the following: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: -- A. - - -- _ . The . conditional use _ . amoroved . by . City Council_ on August ._24-, - -A999. _ and..�_.. _.... _ _ _.... November 23, 1999 for Karmann Jack's at 14621 60 Street North and affectm* g the real property as follows: IVI . b A Be and the same as hereby revoked. 2001. ATTEST: avid Beaudet, mayor Kimberly Kamper, Acting City Administrator Approved by the City Council of the Cl 3 y of December EXHIBIT "A" THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER. OF SECTION 4, TOWNSHIP 29 NORTH, RANGE 20 NEST., WASHINGTON COUNTY MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER.; THENCE NORTH 89 DEGREES, 13 MINUTES , 19 SECONDS EAST, BEARING ORIENTED TO THE WASHINGTON COUNTY COORDINATE SYSTEM, SOUTH ZONE, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER. A DISTANCE OF 666.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES, 13 MINUTES, 19 SECONDS, EAST ALONG SAID NORTH LINE 160 FEET; THENCE SOUTH 00 DEGREES, 46 MINUTES, 41 SECONDS EAST 350 FEET TO THE NORTH LINE OF ST. CR.OIX MALL P.U.D. ACCORDING TO. THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA.; THENCE SOUTH 89 DEGREES , 13 MINUTES, 19 SECONDS WEST ALONG SAID NORTH LINE 153 -14 FEET TO THE SOUTHEAST CORNER OF RADUENZ ADDITION ■ ACCORDING TO THE PLAT OF RECORD IN SAID OFFICE OF THE COUNTY RECORDER; THENCE NORTH 01 DEGREE, 54 MINUTES, 06 SECONDS WEST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NOR'T'HEAST QUARTER AND ALONG THE EAST LINE OF SAID RADUENZ ADDI'T'ION A. DISTANCE OF 350.07 FEET TO THE POINT OF BEGINNING, CONTAINING 54789 SQUARE FEET, MORE OR SUBJECT TO A. HIGHWAY EASEMENT FOR TRUNK HIGHWAY" 212 ALONG THE NOR'T'HERLY LINE THEREOF.