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Home My WebLink About2004-05-14 WC Recorded CUP & Variance Document #34406473440647 Off ice of the County Recorder Washington County, MN Certified flied and /or recorded on: 2004105 #14 8:29:00 AM 3440647 Cindy Konsmenn County Recorder l i = By: Return to: ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. NOTICE of CERTIFICATION Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439 -2878 NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being d qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: con&trona] Use & Variance Perot Fox Menaxd, Inc. with the original thereof on file at the offices of the City of flak 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 hared and the seal of the City of oak Park Heights, this 19 day of .April, 2004. 7 6.. ~ o ?� �,•� L i � � , � s.� a at �1 CITY OF OAK PARK ]HEIGkITS CONDITIONAL USE AND VARIANCE PERMIT FOR MENAI2D, INC. File No.. 798.02 -.0102 Legal Description: (WashingtOn County Geo. Coda 05.029.20.22.0007) See, Exhibit "A" attached hereto Date Issued: I nu i3.2( Owner: Men Address: X77* MP.1ard T)nYQ la' Wiscansin-5470-1 Present Zoning bistrict: B- .Q Business Permitted uses set forth in ordinance Section I. CoiDITo AL USE PERYRT Fob: 2004 Addition to Store- Garden Center and Yard Access Site modifications All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights and are in addition to not in replacrnent of previous variances and Conditional Use permits issues Nlenard's by the City In 1995 and 1998, General Description: Menards has proposed various changes to their e?a`sting 11.9 acre-site, Such changes include the following: A. The addition of 2.5 acres of land presently zoned open Space Conservation. B. The relocation of the store's lumberyard entrance. C, Construction of a new garden center area. D. Expansion of the existing lumberyard. E. Construction of a new warehouse; and The City Council has determined and granted the following: A. Approval of the rezoning from open Space Conservation. to B -2, general Business District B . Approval of the preliminary plat to divide property and add it to the existing Menard's site. C, Approval of a conditional use permit (to allow expansion of open and outdoor storage) and variances; 1) from the fence height regulations to allow expansion of a 14 -foot- high fence /storage rack surrounding the outdoor storage area and construction of a wrought iron fence west of the principal building subject to the following conditions: 1. The applicant submit a revised preln* ]nary plat and a final plat that combines the proposed expansion area with the existing Menard's property. 2. Signage be installed to direct delivery trucks to use the north entrance on Krueger Lane, which will allow adequate truck maneuvering space. 3. Materials stored or stacked in the storage yard may exceed the height of the adjacent screening fence, 4. Tree replacement and the landscape plan are subj ect to review and approval by the City - Axborist. 5, All exterior site lighting be dimmed one hour after store closing. 6. The "in" and "out" signs on the lumberyard entrance canopy be revised to not exceed four square feet in area. 7, All signs on the lumberyard entrance canopy comply with sign illumination requirements. If external lighting is proposed, there shall be no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. If the sign is internally illuminated, there shall be illumination of the text only. 8. No new flag -like banners are allowed on the property; therefore, the proposed banners on the entrance gate canopy shall be eliminated. 9. The City reserves the right to require the applicant to use and require the implementation of a radio pager system for communication to all outside /yard employees. 10. Delivery, unloading, and movement of goods shall be limited to 8:00 a.m. to 9:00 p.m., Monday through Saturday, and 10:00 a.m. to $:00 p.m. on Sundays. Movement of goods in the yard shall be limited to one hour before store opening to one hour after store closing. Utilization of audible backup moving devices shall not be used on. site if a reasonable OSHA approved alternate exists. 1 . A retaining wall shall be constructed between the stormwater pond and the lumberyard. Construction drawings of the retaining wall shall be submitted to the City Engineer for review and approval. 12, Grading and utility plans are subj to review and approval by the City Engineer.. 13, Stow water management is subject to review and approval by the City Engineer and Browns Creek watershed District. 14. The south and west .sides of the proposed warehouse building shall be sided with vertical wood siding that matches the screening structures. The roof shall be a dark green color to blend with the surroundings subject to the review and approval of the City Planner. 15, An updated lighting plan for the entire site that complie s p s with Section 441.15.B.7 of the Zoning ordinance, including both 'existmg and proposed lights, shall be submitted and subject to City review and approval. The applicant shall update all of the lights, to be compliant with the Zoning ordinance, within the existing Menard's site by December 31, 2008. All new Mures and fixtures to be replaced will need to comply with the Zoning Ordinance. 16, The decorative lighting west of the building be eliminated. 17, Yard and soffit lights be mounted horizontally (at a 90 degree angle to the wall or pole) and be a full cutoff design with the lens not extending below the fixture. 1 �. No permits shall be issued for the Menard's property until all traffic and circulation issues are resolved as required by the Champion Developrnent/Brackey March. 21, 2000, Development Agreement and a Supplemental Agreement is executed by all parties to that agreement 19, The exterior of the existing perimeter fence on the Menards property shall be power washed so as to match the color of the new perimeter fencing in the expansion area. 20. The lumber yard and entrance structure shall be screened by a 14 foot wooden fence and a 14 foot wrought iron fence as depicted on the plans submitted by the applicant. 21. The applicant shall provide detailed plans for that area adjacent to the existing pond and the p roposed retaining wall in that area. The bank of the pond shall not be altered or filled and all plans shall be subject to review and approval of the City Engineer, 22. All access for the expansion area shall be from the existing Menard's site via Krueger Lane. No direct access for the expansion are shall be granted from 5 8th Street or from the driveway located to the west of the subject area. IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: bate: Date: STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) =I* IGIRTS � Ii�L IIO ��Illi r On this r da of"" , 2004, before me a Notary Public within and for y said County and ,State, personally appeared Mayor David B eaudet and Administrator Eric Johnson to me personally known, who, being by ' me duly sworn did say that they are the Mayor and City Administrator, respectively, of the City of Oak Park Heights, the city named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said city by authority of its Common Council. W ary Public ashington County My Co ` " �` �' WISCONSIN ) ss. JULIE R. JOHNSON L �-�T�� • -`, r NOTARY PUBLIC �- MINNESOTA }j M1 WASHINGTON oN CCUNTY � ray Comm Expires Jan. 31 , COUNTY O F` EAU CLAIM ' R� 2 004 before me a Nota Cn this � �.a of � � Public within and for y this County and State, personally appeared Mary Prochaska to me personally known, who, being y me duly sworn did say that he is the Vice President of Menard, Inc., the corporation g named in the foregoing instrument, and that this instrument was signed on behalf of the corporation by authority of its Board of Directors and that Mary Prochaska, Vice President acknowledged this instrument to be the free act and deed o Me rd, I c. b ark .'Lee . i .' � 0, a Notate Public u Claire Count �.E n7 My Commis i n is permanent. }} , Menard Inc. 1 ' 4 1 L 4 7 Exhibit " A " AA 0.� Washington County GEO Code: 05- 029 -20 -22 -0007 tion : Lot 1 Block ck 1 B racke Legal Description: ,. � y Addition �,9 Washington County GEO Code: 05- 029-20 -22 -0012 art of Outlot A Bracke Legal Description: That p Y gri Addition, Washington County, MN described as follows: y Beginning at the most southeaster) corner of said outlot A; thence North 00 degrees 1 minutes 23 seconds west, assumed bean'ng along the east line of said outlot A., 424.00 feet; thence South 89 degrees 45 min utes 37 seconds West 26 feet; thence f . southwesterly and wester) a distance of 61.13 feet along a curve not tangential with the so y Y l ast described line said curve is concave to the northwest, has a radius of 50.40 feet, a central �` tral angle of 70 deg rees 03 minutes 05 seconds, and the cord of said curve bears South 54 �' d 44 minutes 04 seconds west; thence South 00 degrees 14 minutes 23 seconds East, g g along a line not tangent to said curve, a d of 298.01 feet; thence southerly a distance of 99, 83 feet along a tangential curve concave to the east having a radius of 4.18 feet and a central angle of 08 degrees 07 minutes 23 seconds to the south line of 70 g said Outlot A.• thence easterly, along said south line, 300.22 feet to the point of beginning and there terminating,