HomeMy WebLinkAbout1985-05-08 Planning Report MOE northwest associated consultants inc.
PLANNING REPORT
TO: Oak Park Heights Mayor and City Council
FROM: Jay Baago
DATE: 8 May 1985
RE: Dielentheis Rezoning
FILE NO: 798.02 - 85.07
BACKGROUND
Olga Dielentheis is requesting that a parcel of land she owns on the south-
east corner of Highway 36 and Oakgreen Avenue North be rezoned from 0, Open
Space Conservation District to B -2, General Business District. The legal
description for the parcel is as follows:
The West 633 feet of the Northwest quarter of the Northwest
quarter (NW4 of NW4) of Section 4, Township 29 North, Range 20
West, Washington County, Minnesota, according to the United
States Government Survey thereof, excepting the South 550 feet
thereof and the portion thereof taken for highway purposes.
Currently there is a garage on the parcel which the applicant rents out for
use as an auto repair service. This use is not a permitted or conditional
use in the 0 District and thus is non - conforming. The parcel also contains
a single family residence which is a permitted use in the 0 District.
ANALYSIS
An analysis of the rezoning request concerns the following items:
Comprehensive Plan. At the date of the Comprehensive Plan (1979), this area
existed in the outer periphery of the City and, as such, no land use designa-
tion was given. It was, however, designated as "mixed use" for the proposed
contiguous land use for Oak Park Heights. Policies identified in the Plan
which support commercial uses for this area are as follows:
4820 minnetonka blvd. minneapolis, minnesota, ste. 420 55416 tel. 612/925 -9420
Oak Park Heights Mae and City Council
8 May 1985
Page Two
• Accomplish transitions between distinctly differing types of
land uses in an orderly fashion which does not create a negative
(economic, social or physical) impact on adjoining developments.
(p. 2 8)
• When possible or when opportunities arise, provide for major
street access to service and commercial districts at the periphery
of the districts. (p. 32)
• Establish the Highway 212 (36) commercial center as the primary
retail and service focal point of the community and promote and
facilitate through direct public involvement further complementary
development in this area. The Center is intended to encompass
major retail, service, entertainment and governmental uses, as
well as higher density housing on the periphery. (p. 33)
• Relate peripheral commercial areas to the primary transportation
modes. (p. 34)
Compatibility and Zoning. Most of the parcel is undeveloped with the exception
of the service garage and residence. There is an NSP transmission easement to
the south and R -B and R -1 zoned land to the east. B -2 zoned land is across
Oakgreen Avenue and other commercial development is north of Highway 36. Given
these existing land uses and the parcel's location near Highway 36, rezoning
to B -2 would allow for an acceptable transition between uses, is consistent
with current development patterns in the area, and should thus not result in
a devaluation of adjacent development. Minor auto repair services are an
acceptable conditional use in the B -2 zone. The residence, however, would
become non - conforming and thus be subject to Section 401.03.A. of the
City Ordinance.
Need for Rezoning. While the applicant has stated that there is no immediate
concern for rezoning, doing so would bring the auto repair service into con-
formity as well as establish a more appropriate and acceptable zoning designa-
tion for that area. Given the characteristics of the parcel discussed above,
we believe rezoning to B -2 is therefore justified.
RECOMMENDATION
We recommend approval of the rezoning request from 0, Open Space Conservation
District to B -2, General Business District for the parcel described in the
legal description above. We base our approval on the analysis of this report
and is subject to any comments from the City Council, City Attorney, and City
Administrator.
cc: Mark Vierling
LaVonne Wilson
Olga Dielentheis
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