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Home My WebLink About2007-06-19 CC Resolution #07-06-31ICES OLU TI oN N o. 07-06-31 CITY COUNCIL CITY of OAK .'.ARK I:IEI G HTS WASHINGTON COUNTY3 MINNESOTA A RESOLUTION ESTABLISHING FINDINGS . OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY LOW'S HOME CANTERS FOR A CONDITIONAL USE PERMIT TO ALLOW OPEN AND OUTDOOR STORAGE OF TRUCK TRAILERS TO ENCLOSE PALLETS AND USED AI'PLIANCES, AND TO ALLOW THREE DELIVERY TRUCKS TO BE PARKLD WITHIN A STORAGE AREA ON THE SOUTH SIDE OF THE LOWE'S STORE, LOCATED AT 5780 NOVA SCOTIA AVENUE NORTH BE APPROVED WITH CONDITIONS wHER A S, the C ity o Oak I'ark Heights has received a request from L owe's Ilorne Centers for a conditional use permit to allow open and outdoor storage of truck trailers to enclose p abets and used appliances, and to allow three delivery trucks to be parked within a storage area on the south side of the L1owc's store, located at 5 7 Nova S cotia Avenue North; and after having conducted a public hearing relative thereto, the Planning Coiiamission of oak Turk. Heights hts recorniiien ed that the a pp lication be approved with coiiditions. The City Council g of oak Park Heights nukes the following findings of fact and resolution: I. rl'he real property affected by said application is legally described as follows, to wit: SEE ArI "I'ACI T A and 2. The applicant has submitted an application and supportilig doc unieiitation to the Connnlunity 'Developniciit Department consisting of the following ite "IS: A"'1 "I "A C I-13v E NT B an 3. Approval of the RJD C3enerai Ilan fog the 1,owe's Store was Utzr tech by the City Couneil on November 22, 2006; and 4. The property is zoned 13 -4, Limited .Business District in which open acid outdoor storage is a l ist ed conditiolial Lase; acid 5. City staff prepared a planning report dated ;tune 6, 2007 reviewing the e a �cl outdoor storage oI` tr• icl� trailers a�ad clelivcz trucks; and request for op � g 6. City staff recommended in the June 6, 2007 planning report that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their June 'l4, 2007 incetin.g, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditio��s. NOW, THEREFORE5 BE IT RE SOLVED BY THE CITE' COUNCIL FOR THE CITY OF OAK PARK HE IGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. '"Fhe app lication submitted by 1 's Horne Centers for a conditional use perm' to allow open and outdoor storage of truck trailers to enclose pallets and used appliances, and to allow three delivery trucks to be parked within a storage area on the south side of the Lowe's store, located at 5780 Nova Scotia .Avenue North and affecting the real property as follows: SE Ar k ~AC 1M E A. Be and the sane as hereby approved by the City Council of the City of Oak lark 11cights with the following conditions: l . All outdoor storage of truck trailers, box trucks., and flat bed trucks shall be within the areas indicated in the site plan dated June 4, 2007. No more than two truck trailers axed a total of three delivery trucks shall be stored at one tinge. 2. The bey � i g, landscape and fencing plans shall be subject to review and app�•ava] of the City Englneer, City Arborist and City Planner. 3. No merchandise or storage items shall be stored above the garden center �enec on the west side of the building. 4. Merchandise within the fence storage area on the southeast side of the building shall be screened so that it is not visible from Nova Scotia Avenue. 'I"he applicant shall provide a screening flan subject to review and approval of the City Planner, C i t y �� :il ol'tlae Cit z�l` C�ak ci alits this 1 da tine 2007. Approved by the C ity C..o � K 1JGc 11GCL, Iv.tayol I Attachment A Washington county GEO code: 05.29.20.11.0054 Legal Doscr'ption - b Lot 2, Block 1, Oak Park Commons Address: 5780 Nova Scotia Ave. N. ATTACHMENT B Conditional Use Permit (CUP) — outside Storage L.owe's Home center 5780 Nova Gotia Ave, N01 Application Materials Application Form 0 Fees i Plan Sets (3 Large Scale Sets/20 1IXI7 Sets) 0 Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington county (500' from subject property) Proof of ownership or Authorization to Proceed Property Tax State ments) /L.egaI Description(s) Conference with city Staff Upon Application Submittal: May 30, 2007 Planning commission Public Hearing & Recommendation: June 14, 2007 Required Approvals. Planning commission 3/5 City council 4/5 Conditional Use Permit - Lapse of Approval: Unless the city council specifically approves a different time When action is off=icially taken on the request, the conditional use permit Shall become null and void twelve ( months after the date of approval, unless the property owner or applicant has substantia -fly 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)