HomeMy WebLinkAbout1995 Conditional Use Permit Application & Proceeding Documents - Outdoor Sales & Storage CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT APPROVAL
FOR
J & R RENTAL
13481 NORTH 60TH STREET
Planning File No: 798.02 - 95.15 Date Issued: ) — 1 - — �J�
Legal Description:
Lot A Exc Wly 33ft Thereof and Except: All of That Portion of Tract A- Registered Land
Survey Number 57 -Files of the Registrar of Titles - Washington County, Minnesota Lying
Northerly of the Following Described Line: Beginning at a Point on the East Line of Said Tract
A Distant 34.50 Feet South of the Northeasterly Comer of Said Tract A Then Westerly to a Point
on the West of Said Tract A Distant 21.26 Feet Southerly of the Northwest Corner and Said Line
There Terminating Registered Land Survey Number 57, Oak Park Heights City.
Property Owner: :fen)/ /eche'K
Business Owner: Raymond F. Baillargeon
Property Address: 13481 North 60th Street
Oak Park Heights, MN 55082
Present Zoning District: B -2, General Business District.
Provisions for Outdoor Service, Sale and Rental as an Accessory Use Set Forth in Ordinance 401,
Section 401.11.D.6
Site Plan Review Requirements Set Forth in Ordinance No. 401, Section 401.03
Conditional Use Requirements Set Forth in Ordinance No. 401, Section 401.16
I. CONDITIONAL USE /SITE PLAN REVIEW FOR:
All uses shall be subject to the following conditions and/or restrictions imposed by the City
Council of the City of Oak Park Heights.
General Description:
A. The Conditional Use Permit allows for outdoor storage of rental vehicles and
trailers as an accessory to the office use within the existing building, subject to the
conditions identified in the Planning Report dated 20 September 1995.
B. Site Plan, labeled as Exhibit B in the Planning Report represents the governing plan
for the project.
II. ADDITIONAL RESTRICTIONS AND PROVISIONS
The following additional restrictions and provisions being part of the Conditional Use
Permit to be issued herein affecting the following matters shall be:
A. Number of Vehicles
A total of seven (7) trucks or utility trailers at any one time at the site.
B. Parking Stalls
A minimum of twenty-two (22) parking spaces and seven (7) spaces for use by the
rental trucks and trailers on a bituminous surface and marked with white paint
lines.
C. Outdoor Storage
Any outdoor storage of debris or construction materials not properly screened in
accordance with Section 401.03.B of the Zoning Ordinance that is associated with
J & R Rental or any other business at the site shall be removed or screened.
D. Vehicle Repair
Vehicles shall not be repaired at this site.
E. Approvals
Any additional staff or agency approval necessary for granting the CUP shall be
granted before rental operations may begin on the site.
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III. REVIEW
Pursuant to the Order of the City Council of the City of Oak Park Heights, a periodic
review of this Conditional Use Permit is imposed as a condition of its grant. This
Conditional Use Permit shall be reviewed annually at the direction of the City
Administrator, which shall notify the permit holder of the date of the annual review at least
ten (10) days prior to the review hearing.
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
Date: /G — / _" O j� By: k e al
Barbara H. O'Neal, Mayor
Date: /0 /C By
Michael J. ' obertson, City Administrator
Date: By:
Applicant /Permit Holder
Date: By:
Applicant /Permit Holder
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Page 2 - Minutes 9/25/95
Public Hearings:
Reauest for Conditional Use Permit to Conduct Outdoor Sales &
Storage - 13481 N. 60th St. - Ray Bellargeon, J &R Rental - Mayor
O'Neal opened the Public Hearing at 8:06 p.m Present were Ray
Bellargeon and Jerry Mechelke, property owners. Mr. Mechelke
noted that the conditions noted in the conditional use permit
were satisfactory to him and that he would talk to the other
renters and get the loose materials cleaned -up or stored within
buildings. Hearing no other comments, Councilmember Kern,
seconded by Schaaf, moved to close the public hearing at 8:16
p.m. Carried 5 -0.
Councilmember Swenson, s onded by Schaaf, moved to approve the
requested conditional use perma contingent upon the maintenance
of those conditions noted in the City Planner's report. Carried
5 -0.
Mary Buckley - 5860 Oldfield Ave. N. -,Mrs. Buckley expressed
concerns about cracking at the blacktop edges of her driveway
where it met the concrete apron. She said she would like to have
it repaired to the same specifications as it had been built.
Councilmember Swenson, seconded by Schaaf, moved to replace the
cracked blacktop with a patch to the same specifications, with
the City extending the warranty one year to a total of three
years. Carried 5 -0.
Department Reports:
Police - Mobile Radar - Mayor O'Neal reported that the
approximate cost for a mobile radar unit was $13,000.
Administrator Robertson reported that Police Chief Swanson had
been talking with area police departments to see if anyone would
be interested in the joint purchase of a unit.
Parks - Councilmember Robert reported that the Garden Committee's
next meeting was scheduled for Tuesday, October 17th. The Garden
Committee would be working with the Parks Commission on various
projects. Members of the Garden Committee are Linda Moszer, Pam
Patrick, Julie Payne - McCullum, Judy Smith, Liz. Weaver, Paul
Plaster - Parks Commission Representative, and Janet Robert -
Council Representative. She also noted that the membership would
be open and that anyone who is interested should apply at City
Hall. She noted that the next Parks Commission meeting would be
Monday, October 16th at 6:30 p.m. at Oak Park Heights City Hall.
Cable Commission - Councilmember Swenson reported that the next
meeting of the cable commission would be Wednesday, September
27th at 7:00 p.m. Robertson noted that Doug Bergman had applied
to be appointed to the cable commission. Councilmember Swenson,
seconded by Kern, moved to appoint Doug Bergman to the cable
commission. Carried 5 -0.
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CITY OF OAK PARK HEIGHTS
COUNCIL MEETING MINUTES, MONDAY, AUGUST 28, 1995
Call to Order: The regular meeting was called to order at 7:07
p.m. by Mayor O'Neal. Present: Councilmen Kern, Robert,
Schaaf, and Swenson. Staff Present: City Administrator
Robertson, Police Chief Swanson, City Attorney Vierling, City
Engineer Anderlik, and City Planner Richards.
Visitor Comments, Questions, or Concerns:
'Removal of Boulevard Tree - 14201 57th St., N. - Jim Slavic -
Councilmember Kern, seconded by Robert, moved to remove the tree
from Mr. Slavic's property as recommended by City Arborist, Ken
Kaiser. Carried 5 -0.
Request For Conditional Use Permit - Ray Bellargeon - Mr.
Bellargeon noted that he had received a cease business operations
letter from the City Building Inspector due to lack of a
conditional use permit (CUP). Mayor O'Neal said that his business
required a CUP because it consisted of outdoor sales and storage.
Councilmember Kern, seconded by Swenson, moved to set a public
hearing for Mr. Bellargeon's proposed conditional use permit on
September 25, 1995 at 7:30 p.m. Carried 5 -0.
Councilmember Kern, seconded by Swenson, moved to instruct Mr.
Bellargeon to cease and desist in the operation of his business
by midnight, Tuesday, September 5, 1995. Carried 5 -0.
Doug Wilson - Water in Basement - Mr. Wilson expressed concern
about the drainage swale in his yard and the potential liability
caused by standing water. Mayor O'Neal directed Mr. Wilson to
put his request in writing to the City Council with specifics of
what he wanted the Council to do.
Department Reports: r
Police Department - Chief Swanson requested Council approval of
the sale of the old Blazer and the purchase of a new Blazer.
Councilmember Kern, seconded by Robert, moved to approve the
request. Carried 5 -0.
Budget Transfers for purchase of Blazer - Councilmember Schaaf,
seconded by Swenson, moved to approve the necessary budget
transfers. Carried 5 -0.
Mobile Radar Unit: Chief Swanson noted that the Police Department
hoped to have the mobile radar unit by Thursday and that it would
be put out on Osgood Avenue for approximately a week.
P osure 6A
F � Northwest Associated Consultants, Inc.
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c COMMUNITY PLANNING • DESIGN • MARKET RESEARCH
PLANNING REPORT
TO: Oak Park Heights Mayor and City Council
FROM: Cary Teague /Scott Richards
DATE: 20 September 1995
RE: Oak Park Heights - J &R Rental - Conditional Use Permit
FILE NO: 798.02 - 95.15
BACKGROUND
Raymond P. Baillargeon of J & R Rental has submitted an application for a conditional use permit
to allow outdoor storage of rental equipment. The subject property is located within the B -2,
General Business District, where exterior storage of rental equipment is allowed by conditional
use permit. The property is located at 13481 North 60th Street, south of Highway 36 and west
of Norell Avenue. The applicant is currently renting office space at the subject location, and now
wishes to park three (3) Ryder trucks in front of the office space, and four (4) utility trailers which
may include trucks to the rear of the office building.
The office space, which houses various tenants in addition to the applicant, consists of a two -story
30 x 40 foot (2,400 square feet) structure, the proposed outdoor storage area consists of 945
square feet in front of the building, and 1,080 square feet in the rear of the building or 2,025
square feet of outdoor storage area in total.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Site Plan
ISSUES & ANALYSIS
Conditional Use Permit. Section 401.11.D.6 of the Oak Park Heights Zoning Ordinance allows
all open or outdoor service, sale and rental as an accessory use as a conditionally permitted use
within the B -2 zoning district, subject to the following conditions:
5775 Wayzata Blvd.- Suite 555 • St. Louis Park, MN 55416 • (612) 595 - 9636 -Fax. 595 -9837
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1. Outside service, sales and equipment rental connected with the principal use
is limited to thirty (30) percent of the gross floor area of the principal use.
In the case of the subject Ryder truck rental service, the storage area is considered the
principal use, therefore, this requirement is not relevant. Our office does however,
recommend that the CUP approval be limited to a certain number of trucks and utility
trailers. We are suggesting that the limitation be placed at the actual number proposed by
the applicant (7), however, the Council may wish to allow some flexibility for expansion
and limit the vehicles at a higher number.
2. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with Section
401.03.B.7 of this Ordinance.
The subject property is not located adjacent to residential development, therefore, no
screening of the proposed use will be necessary. However, it should be mentioned that
the storage buildings at the southern portion of the property have generated several
unsightly piles of debris, of which the City has received complaints. Therefore, as a
condition of approval, these unsightly areas must be removed from the site.
3. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of -way or from neighboring residences and shall
be in compliance with Section 401.03.B.8 of this Ordinance.
The applicant is not proposing any additional lighting with the request.
4. Sales area is grassed or surfaced to control dust.
The storage or parking of the Ryder equipment does consist of bituminous paving,
however, the parking area is not striped. Section 401.03 E.4.h.13 of the City zoning
ordinance requires all parking stalls to be marked with white paint lines not less than four
(4) inches wide. Therefore, striping of the parking lot will also be made a condition of
approval.
5. The provisions of Section 401.16.A.5 of this Ordinance are considered and
satisfactorily met.
In considering the provisions of Section 401.16.A.5 of the zoning ordinance, the City
Council considers the possible adverse effects of the proposed conditional use. Its
judgement is based upon but not limited to the following factors:
a. Relationship to the municipal comprehensive plan.
b. The geographical area involved.
c. Whether such use will tend to or actually depreciate the area in which it is
proposed.
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d. The character of the surrounding area.
e. The demonstrated need for such use.
The proposed use is a conditionally permitted use in the B -2 zoning district, is compatible
with the surrounding commercial uses, and should not negatively effect property values
in the area, therefore, this criterion should be considered satisfied.
Off- Street Parking Requirements: As stated within the Oak Park Heights zoning ordinance,
the following parking spaces are required:
Spaces Spaces
*Required Existing Required Propmed
Office Space 3 spaces +1 space per
200 s.f. floor area 2,400 s.f. 14 15
Outdoor Storage/
Retail At least 8 spaces or
1 space per 500 s.f. storage 2,025 s.f. 8 -
* Floor Area - The term "floor area" for the purpose of calculating the number of off -
street parking spaces required shall be determined on the basis of the
exterior floor area dimensions of the buildings, structure or use, times the
number of floors, minus ten (10) percent.
Based on the above, the subject property is required to provide twenty -two (22) parking spaces,
in addition to the seven (7) spaces that are to be used for storage of the Ryder trucks and trailers.
The proposed site plan indicates just fifteen (15) spaces that are actually located on bituminous
surface. Section 401.03.E of the zoning ordinance requires all off - street parking areas to be
paved, therefore, in order to meet the minimum parking requirements the applicant will be
required to add or repair the bituminous surface to the south to provide for the additional spaces
required by city code. Also, as previously mentioned, the entire parking area must be striped.
Each individual parking stall must be a minimum of 20' x 9' in size.
Signage: The applicant is indicating that he would like to install a 4' x 4' "Ryder" sign either on
the building or on the existing billboard sign in the boulevard. If the applicant places the sign on
the wall, the maximum sign size requirement based on Section 401.03 I.4.d.2. (wall signs) is 42
square feet. Section 401.03 I.4.d.2. states that one wall sign is allowed with a maximum area of
150 square feet or 15 % of the front building facade, whichever is less. The front of the building
measures 40' x 16' (640 square feet), therefore, the proposed 16 square foot sign meets the City
Code.
If the applicant wishes to place a sign on the existing freestanding billboard sign, he may do so,
however, the size of the existing sign facade may not be expanded. Section 401.03 I.4.d.1
(freestanding signs) states that one freestanding sign is allowed with a maximum area of 150
square feet or 15 % of the front building facade, whichever is less, as such, a 42 square foot
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freestanding sign is allowed per the 640 square foot building facade. The existing freestanding
sign is 16' x 12' (192 square feet) in size, and is a legal existing non - conforming sign, therefore,
may not be expanded. Once the applicant decides on a specific sign location, prior to its
construction, the plans must be submitted to the City for review and approval.
RECOMMENDATION /CONCLUSION
Based on the information contained herein, our office recommends approval of the conditional use
permit to allow outdoor storage for J & R Rental subject to the following conditions:
1. A minimum of 22 parking spaces must be provided, in addition to the seven (7) spaces
used by the rental trucks and trailers.
2. All required parking areas must contain bituminous surface, therefore, the existing
bituminous parking area must be expanded or repaired to the south. Plans for said
improvements shall be submitted to the City Engineer for approval.
3. All parking stalls must be marked with white paint lines not less than four (4) inches wide.
Plans shall be submitted the City Engineer /City Planner for approval.
4. All outdoor storage of various debris in the southern half of the property must be removed
from the site.
5. Vehicles shall not be repaired at this location.
6. The specific sign proposal shall be subject to review by City staff.
7. Other comments of City staff.
pc: Mike Robertson
Mark Vierling
Joe Anderlik
Ray Baillargeon
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EXHIBIT A - SITE LOCATION
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POTENTIAL PARKING
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.• , EXHIBIT B - SITE PLAN
I ` �- Enc:.osure 6
CHECK APPROPRIATE BOX: FEE:
( ) Amendment
( ) Rezoning: $400.00 + 400.00 Escrow
I ( ) Comprehensive Plan Amendment: 350.00 + 350.00 Escrow
( ae" $
() Conditional Use Permit: 300.00 + 300.00 Escrow
� / ( ) Variance:
( ) Single Family: 150.00
( ) Other Residential,
•
Commercial & Industrial 300.00 + 300.00 Escrow
( ) List Reason For Hardship
( ) Subdivision: 350.00 + 350.00 Escrow
( ) Minor Subdivision
(See Section 1.G., Sub. Ord.): 300.00 + 150.00 Escrow
( ) Planned Unit Development:
( ) Concept Plan 700.00 + 1,000. Escrow
( ) General Plan 700.00 + 1,000. Escrow
( ) Street Vacation: 100.00 + 100.00 Escrow
Legal Description of Prppe t :
Address: /4441 69,1r4 Lot(s)
Block(s) Addition (s)
(If metes and bounds - att -ch descrip •on).
De rip ' o i of R- ques . _-A" .�, .■
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Applicant Name: dm i / l� /C Phone: ?l,s'�5 .. 7
Address i •
City: L ' �.f State: /Zip : 25
Owner (If other than applicant) : Name: Tern
Phone: 't 3 9 G 0 3 a Address: $o LO,r, ST.GR.IB% f ae
City: State: M AJ Zip: 5
In signing this application, I hereby acknowledge that I have
• read and fully:: understand the applicable provisions of the Zoning
and Subdivision Ordinances and current administrative procedures.
I further acknowledge the fee explanation as outlined in the
application procedures and hereby agree to pay all statements
rec- ved pertaining to additional application expenses. / 4?
•�% icant's Signatur=/ Date
YOUR REQUEST,. WILL NOT BE SCHEDULED FOR PUBLIC HEARING OR
CONSIDERATION BY CITY ADVISORY BODIES UNTIL ALL REQUIRED
INFORMATION HAS BEEN REVIEWED AND FOUND TO BE ADEQUATE BY CITY
STAFF
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J & R RENTAL
13481 NORTH 60TH STREET
STILLWATER, MN 55082
CONDITIONAL USE PERMIT:
1. a. COMPLETE DIMENSIONS OF THE PROPERTY FOR WHICH THE REQUEST
HAS BEEN MADE:
LOT A EXC WLY 33FT THEREOF AND EXCEPT: ALL OF THAT PORTION
OF TRACT A LAND SURVEY NUMBER 57 OF THE
REGISTRAR OF TITLES - WAHSINGTON COUNTRY MINNESOTA LYING NORTHERLY
OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST
LINE OF SAID TRACT A DISTAN! 34.50 FEET SOUTH OF THE NORTH-
EASTERLY CORNER OF SAID TRACT A THEN WESTERLY TO A POINT ON THE
WEST OF SAID TRACT A DISTANT 21.76 FEET SOUTHERLY OF THE
NORTHWEST CORNER AND SIAD LINE THERE TERMINATING REGISTERED /AHD
SURVEY NUMBER 57 OAK PARK HEIGHTS CITY.
I. b. THE SITE IS CURRENTLY WITH A 30' X 40' SPLI STYLE
MULTI OFFICE BUILDING CONTAINING 2400 SQ. FT, ALONG WITH 3
GARAGE OUTBUILDINGS WHOSE MEASUREMENTS CONSISTS OF:
A GRASSY AREA WHICH IS PRECEEDED BY BITUMINOUS SURFACED AREA
THAT MEASURES 75' X 100' IN FRONT OF OFFICE BUILDING. TO THE
WEST SIDE OF THE OFFICE BUILDING IS A BITUMINOUS SURFACED APEA THAT
IS 43' WIDE THAT BEGINS AT 60TH STREET AND ENDS AT THE FIRST GARAGE
TO THE EAST SIDE OF OFFICE BUILDING IS A BITUMINOUS SURFACED AREA `
THAT IS 26' WIDE THAT BEGINS AT THE GRASSY AREA AND CONTINUES TO
THE 40' X 28' STORAGE AND GARAGE. TO THE SOUTH OF THE OFFICE
O(MLDING IS A 48' X 100' BITUMINOUS SURFACED AREA. TO THE WEST
OF THE 42' X 28' GARAGE IS A GRAVEL AREA THAT EXTENDS FROM THE
FRONT OF SAID BUILDING AND CONTINUES TO THE PROPERTY LINE FROM
NORTH OF 42' X 28' GARAGE IS A GRAVEL AREA THAT IS 1 WIDE
FROM THE REAR OF THE 42' X 28' GARAGE TO THE WEST PROPERTY LINE
^
CONTINUING TO THE EAST EXTENDING TO THE END OF THE SOUTH PROPERTY
LINE (EXCLUDING THE FOLLOWING 40' X 28' STORAGE AND GARAGE AND
=
22' X 16' GARAGE) IS A GRAVEL PARKING LOT. TO THE EAST OF TH
42' X 28' GARAGE IS A 22' X 28' BITUMINOUS SURFACED AREA.
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1. c. J &' R RENTAL IS CURRENTLY RENTING A SPACE IN OFFICE
BUILDING AT 13481 NORTH 60 STREET AND WISHES TO PURCHASE A
CONDITIONAL USE PERMIT TO PARK 3 RYDER TRUCKS IN FRONT OF OFFICE
BUILDING (LETTERED A THROUGH C ON GRAPHIC MATERIAL SHEET) AND IF
NEEDED 4 ADDITIONAL PARKING SPACES FOR ANY OF THE FOLLOWING
COMBINATIONS: RYDER TRUCKS, CAR CARRIERS, AND/OR TOW DOLLIES
BEHIND THE OFFICE BUILDING THAT WILL BE DESIGNATED BY LETTERED
D THROUGH G ON SAID GRAPHIC MATERIAL. ANY ADDITIONAL VEHICALS,
CARRIERS, OR TOW DOLLIES WILL BE TRANSFERRED TO ANOTHER RYDER
LOCATION.
I AM ALSO REQUESTING YOUR PERMISSION TO PUT A 4' X 4' RYDER
SIGN TO BE PLACED EITHER ON THE OUTER PORTION OF THE OFFICE
BUILDING (WHICH MEASUREMENTS CONSISTS OF 40' WIDE AND 16' �1����)
FACING 60TH STREET OR ON THE BILLBOARD SIGN IN GRASSY AREA.
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THE ADJACENT BUSINESSES TO LOT A ARE
McCORMACK'S FURNITURE STORE (A RETAIL FURNITURE STORE)
HIGHWAY 36 & 212 BOX 21
STILLWATER, MN 55082
STILLWATER AERIES NUMBER 94 (AN ESTABLISHMENT THAT SERVES
ALCOHOLIC BEVERAGES)
13523 NORTH 60TH STREET
STILLWATER, MN 55082
WALMART STORES INC. (A RETAIL STORE)
702 SOUTHWEST EIGHTH STREET
BENTONVILLE, ARK 72716
THOMAS GARDNER (RETAIL RECREATIONAL VEHICALS)
14853 SQUARE LAKE TRAIL
STILLWATER, MN 55082
nENARDS INC. (RETAIL STORE)
4777 MENARD STREET
EAU CLAIRE, WI 54103
THE OPERATIONS OF RYDER TRUCK RENTAL ARE CONDUCTED IN THE
OFFICE BUILDING AS FOLLOWS
OFFICE HOURS ARE FROM 8:00 AM TO 5:00 PM, MONDAY THROUGH
FRIDAY. BUSINESS IS CONDUCTED THOUGH A CONNECTING PHONE
SYSTEM WHICH IS LOCATED AT THE RYDER TRUCK RFNTAL IN NEW
RICHMOND, WISCONSIN, WHICH IS FULLY MANNED AT THE GIVEN
HOURS. UPON WHICH APPOINTMENTS CAN BE MADE AND CARRIED
OUT BY MEETING CUSTOMERS AT THE RYDER TRUCK RLNTAL IN
STILLWATER, MN.
2. APPOINTMENTS CAN ALSO BE MADE THROUGH PREVIOUS
ARRANGEMENTS BY RYDER TRUCK RENTAL AND CUSTOMERS Al OTHER
T IMES.
RYDER TRUCK RENTAL WILL NOT REPAIR VEHICLES AT THIS
LOCATION.
4. GARBAGE: IS MINIMAL (WHICH CONSISTS OF USED COMPUTER
PAPER), AND IS DISPOSED BY RYDER TRUCK RENTAL MANAGEMENT
(TO RYDER TRUCK RENTAL AT NEW RICHMOND, WI.)
SUBMITTED 9-16-95 BY J & R RENTAL,
/arwi s4,r4
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��YMOND P. BA ILLA��EON
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