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Home My WebLink About2006-01-25 CA Ltr to Planning Commission � ECK 0 c �: 4 z J rL-J ��8 ERG w LAMMERS i ATTORNEYS AT LAW 9 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 (651) 439 -2878 Fax (651) 439 -2923 Writer's Direct Dial www.eckberglammers.com (651) 351 -2118 James Lammers mvierling @eckberglammers.com Robert Briggs Mark Vierling January 25 , 2006 Thomas Weidner Susan Olson Planning Commission Members David Snyder c/o Eric A. Johnson Sean Stokes City Administrator Laura Domagala City of Oak Park Heights Joshua Christensen 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Jacob Holdings of Stillwater, L.L.C. (Denny Hecker) Application to Amend Conditional Use Permit Dear Planning Commission: The City of Oak Park Heights issued a Conditional Use Permit to Jacob Holdings of Stillwater, L.L.C. in December of 2003 relative to the Amoco service station adjacent to the Denny Hecker dealership on the corner of Osgood and the north frontage road. The Conditional Use Permit was to allow parking on the former Amoco gas station site and the Council granted the Conditional Use Permit, but appended to it a number of conditions. Those conditions are as follows: 1. The City finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 2. The subject property at 14738 60 Street North be combined with the main dealership property at 14702 60'' Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall be completed within 30 days following the City Council approval of the conditional use permit. 3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 4. No signage shall be allowed on the subject property at 14738 60`" Street North. The existing signage on the canopy shall be removed within 30 days following City Council approval of the conditional use permit. ECKBERG, LAMMERS, BRIGGS, WOLFF 8 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law Civil Litigation Planning Commission City of Oak Park Heights January 25, 2006 Page 2 5. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than June 15, 2004. 6. The grading and drainage plan shall be subject to review and approval of the City Engineer. 7. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. 8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist. 9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City. 10. Light shields shall be installed on the under canopy lights by January 15, 2004. 11. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand held paging systems. Upon replacement of the external paging system, a hand held paging system shall be implemented at the main dealership property at 14702 60 Street North and the subject property at 14738 60 Street North. 12. The site plan shall designate, and the applicant shall supply, a total of four off - street parking stalls for employees and customers, at least one of which must be disability accessible on the subject property at 14738 60 Street North. 13. The building shall be inspected by the Building Official to determine if a building permit is necessary for the completed improvements. 14. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738 60 Street North. 15. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. 16. Forty-seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. Four parking stalls shall be dedicated for customer parking at the subject site at 14738 60 Street North. One vehicle shall be allowed per designated parking stall throughout the lot. Planning Commission City of Oak Park Heights January 25, 2006 Page 3 17. The applicant shall submit a revised site plan for the main dealership property at 14702 60 Street North indicating at 10 foot driveway and parking setback with parking areas, vehicle display areas, and access drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than October 15, 2008. 18. All signage at the main dealership property at 14702 60 Street North shall be brought into conformance with the City's Sign Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. 19. All lighting, including fixtures and photometrics, at the main dealership property at 14702 60th Street North, shall be brought into conformance with the City's lighting requirements found in Section 401.15.13.7 of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. As to the conditions approved, my understanding is that the applicant would like to ask the Council for some modifications to those conditions. You will note that the City and the applicant had a dispute over the permit, which the subject of a district court proceeding which is scheduled to be heard in a preliminary hearing on March 31, 2006. The applicant is proceeding at this time to obtain amendments to these various conditions set forth below and it is anticipated that if these conditions are successfully amended, that action will resolve itself. The conditions that I am aware of that are desired to be modified are as follows: A. Condition No. 5. The applicant was required to submit a revised site plan indicating 10 foot setbacks, parking area setback, parking area, vehicle display areas, and access drives with concrete curb and gutter subject to review and approval of the City Engineer. Landscaping improvements were to be completed no later than June 15, 2004. The applicant is seeking an amendment to this condition to extend out the compliance date as they do not wish to make improvements with concrete curb and gutter given the MnDOT Highway 36 bridge plans that show a taking and condemnation of the area should that Highway 36/bridge project proceed. The applicant is asking for an extension to allow the improvements relative to the concrete curb and gutter to be delayed until such time as there is a final determination from the City of Oak Park Heights with regard to Highway 36/bridge project/layout approval. B. Condition No. 8 required the provision of a landscaping plan for the site. A landscaping plan in a formal sense perhaps has not been submitted at this date and that too is the request from the applicant to delay the submission. C. Condition No. 14 required written documentation of closure to be provided by the MPCA related to a contamination issue at the Amoco site which was being remediated at the time of the Planning Commission City of Oak Park Heights January 25, 2006 Page 4 Conditional Use Permit application originally in 2003. That remediation and final certification of the site needs to come from the MPCA and the City needs to obtain copy of that. I trust that the applicant can submit detail on the status of that project so that that compliance issue can be dealt with. D. Condition No. 15 required that architectural lighting on the building at 14738 — 60"' Street would be dimmed at night to a level that is acceptable to the City. The City Administrator is better informed on that project and I know that this relates also to the former Amoco Building site and I trust that that has been accomplished. E. Condition No. 17 required the submission of a revised site plan for the main dealership of the property, again requiring 10 foot driveway and parking setback with parking areas and drives constructed with concrete curb and gutter. The applicant will request an extension of time on this matter to coincide with the Highway 36/bridge project in the same manner as was previously set forth in this letter relative to Item Condition No. 5. F. Condition No. 18 required that all signage at the main dealership be brought into conformance with the City's sign ordinance; however, there is a compliance performance date on that to be occurring no later than October 15, 2008. G. Condition No. 19 required all lighting, lighting fixtures and photometrics at the main dealership property to be brought into conformance again with the City's zoning ordinance no later than October 15, 2008. 1 trust that the applicant or their representative will have a discussion of the items that they wish to have reviewed relative to this permit. The purpose of this letter is to outline the issues as this office understands them to be so that the Planning Commission can be informed and proceed with an early discussion on the topic. One of the attorneys office will be at that meeting to answer questions and to be available to you should yo ed. Yours ve truly, M k J. Vierling MJV /sdb PC: Eric Johnson, City Administrator