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2007-01-09 Interim Use Permit (WC Recorded Document 3627326)
3627326 11111111 1111 1111 1111 11 Office of the County Recorder Washington County, MN NOTICE OF CERTIFICATION Certlied fled and/or recorded Oil: 1!30;2007 4:02 PM Document: USE $46.00 kb, 3627326 , - _ By County Recorder: Kerns J ( Return to. ECKBERG LAMMERS BRIGGS WOLFF & VIE 1 809 NORTHWESTERN AVENUE SUITE 110 STATE OF MINNESOTA ) STILLWATER MN 55082 COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Interim Use Permit For Five Flags & Poles Displayed at Store Front at Stillwater Motor Company 5900 Stillwater Blvd. N. with the original thereof on file at the offices of the City of Oak 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 hand and the seal of the City of Oak Park He',t hts, this 16th day of January, 2007. Eric J nson • City '. ministrator • CITY OF OAK PARK HEIGHTS INTERIM USE PERMIT FOR RADUENZ DEALERSHIP PROPERTIES LLC DBA STILLWATER MOTORS COMPANY File No.: 798.02 - No. 11 Date Issued: January © I ,2007 City Council Adopted: December 28, 2006 Legal Description: (Washington County Geo. Code 06.029.20.12.0004) See Attached Exhibit "A" Owner: Raduenz Dealership Properties LLC Address: 5900 Stillwater Blvd. Stillwater, MN 55082 Site Address: 5900 Stillwater Blvd. Oak Park Heights, MN 55082 Present Zoning District: B -3 Highway Business District Permitted uses set forth in Ordinance 401 Section 401.15.G.5.n I. INTERIM USE PERMIT: A interim use permit has been issued to allow for the display of five flags on poles in front of the dealership building. All uses shall be subject to the following conditions and/or restrictions imposed by the December 28, 2006 Resolution of the City Council of the City of Oak Park Heights as follows: 1. The City Council approves the placement of the flag poles more than 20 feet apart. 2. The flags should be displayed in accordance with the U.S. flag code, Minnesota Statutes, or Executive Order. n 3. The interim use shall be in effect for 10 years from the date of approval by the City Council. An extension may be requested from the City Council. 4. All temporary/special event signage on site shall be displayed in accordance with Section 401.15.G.8. of the Code of Ordinances for the City of Oak Park Heights. III. Reference Attachment: ,+ The reports of the City Planner dated December 7 , 2006 and site plan approved by the City Council are annexed hereto by reference. IN WITNESS WHEREOF, the parties have set forth their hands and seals. (traf ` +• `� O . I P . ' 1 IGHTS ,4 Date: 1 //L?fr7 By -1 ,e - %/ • a� . udet i ir o Date: 4:\____7_ 0 By Eric Johnson City Administrator Date: By , /, _ _. ,/ -- D.J.Rad CEO, ' r enz Dealership V es LLC • EXIIIBIT "A" LEGAL DESCRIPTION � n Washington County GEO Code: 06.029.20.12.0004 & 0014 Legal Description: Lot 1, Block 1, Kern Center Physical Address: 5900 Stillwater Blvd. N. EXHIBIT "B" PLANNERS REPORT AND SITE PLANS • . NOLOSURE 3 • NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: December 7, 2006 RE: Oak Park Heights — Stillwater Motors: Interim Use Permit for Installation of Flags and -Flag Poles FILE NO: 798.02 — 06.11 BACKGROUND Stillwater Motor Company has made application for an interim use permit for installation of five flags and poles at 5900 Stillwater Boulevard North. The interim use permit would allow for the display of two American flags and three vehicle product flags including Jeep, Chevrolet, and Buick. The property is zoned B -3, Highway Business District. The vehicle dealership received a conditional use permit in July of 2005 to allow for expansion of the existing building, to allow for a sales lot expansion, and fora variance to allow additional wall signage. Attached for reference: Exhibit 1: Site Plan Exhibit 2: Flag Pole Specifications ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for highway oriented business and warehouse uses. The car dealership is an allowable land use under the Comprehensive Plan designation. Zoning. The subject site is zoned B -3, Highway Business and Warehousing District. The vehicle dealership and outdoor sales lot is a conditional use permit within this district The conditional use permit granted in 2005 allowed for expansion of the building and open sales lot. • - Project Request. The applicant is proposing to display two American flags and three vehicle product flags at the front of the dealership building. The two American flags have already been installed and are on 40 foot poles. The flag pole height is consistent with the height standards of the Zoning Ordinance. The American flags are 10 feet by 15 feet in size. The three product flags are to be flown on 35 foot poles. The poles have been installed but the flags have not and will not be allowed to be flown unless the interim use permit is approved. The flags are to read Jeep, Chevrolet, and Buick and will be 8 feet by 12 feet in size. Sign /Flag Allowances. Section 401.15.G.5.n of the Zoning Ordinance allows the following: n. Flags. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased provided an interim use permit is issued in compliance with Section 401.05 of this Ordinance and the following standards are met: 1) Where multiple flag poles are used, there shall be a maximum spacing of twenty (20) feet allowed between the poles. 2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and /or State flag displays. �.. Three flags could be flown within an interim use permit although the applicant has installed five flag poles and requests to display five flags. The poles have been installed more than 20 feet apart. The Planning Comrriission: and City Council should comment . on this issue, but approval for the spacing could be incorporated into the interim use permit. The flag poles have been installed so that the flags can be lowered and raised in accordance with the U.S. Flag Code. Interim Use Permit. Section 401.05 of the Zoning Ordinance indicates the procedures and standards for interim use. An interim use differs from a conditional use in that the City can place a date or event that will terminate the use. A conditional use permit is recorded against the property and could continue forever if the conditions continue to be met. The Planning. Commission and City Council should consider an appropriate period of time for this interim use permit. Staff recommends a time limit of 10 years. After that time; the applicant can request an extension from the City. Other Signage. The conditional use permit in 2005 required the removal of the. large pylon sign at the northeastern corner of the site and all checkered banners prior to the issuance of the certificate of occupancy for the remodeled building. The ,applicant has complied with these conditions. The applicant is using temporary banners on the fencing and freestanding advertising signage or other messages related to the business. Many of these signs have exceeded the time allowances for temporary 2 signage. As a condition of granting the interim use permit, all use of temporary signage will be required to comply with Sign Ordinance requirements. CONCLUSION /RECOMMENDATION Based • - - '- , '. - '.. - . - es o recommends approval of the request to allow the display of five flags subject to the following conditions: 1. The Planning Commission and City Council should comment on the placement of the flag poles more than 20 feet apart. 2. The flags should bey displayed in accordance with the U.S. Flag Code, Minnesota Statutes, or Executive Order: 3. The interim use shall be in effect for 10 years from the date of approval - by the City Council. An extension may requested from the City Council. 4. All temporary/special event signage shall be displayed in accordance with Section 401.15.G.8' of the Oak Park Heights Zoning Ordinance. 3 • 6.. 0... . t 1) . - - ..�:� • / /./. 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N \ I Hi ! - ' �,;s ti \'\ \ \� ,/ �. a . i •� • O R [! 1 SITE PLAN- ° s � � • SITE PLAN NOTES: . 1 PROVIOE (2) IN GROUND UPUGHTS Al _ e•�, SHEET 1 OF t 2 PROVIDE (1) IN GROUND UPLIGHT 6 • 10n1me `^ , 05- Vrs i 7.7 -NDENCE CONCEALED HAL GROUNDSET FLAGPOLE INSTALLATION INSTRUCTIONS 1. Dig foundation as detailed in section A Foundation Specifications, set sleeve in center of hole with top 2" above grade. Plumb, brace, pour concrete; trowel to desired finish. Keep inside of sleeve dry and free of debris be covering ( opening. Allow concrete to cure for 48 hours. 2. Remove shaft from shipping tube, lay on sawhorses. Unwrap paper from around the very top, the bottom, and around the handhole. If this is a multi -piece pole, carefully read and follow the assemble instructions on the reverse side. NOTE: A multi -piece shaft must be assembled completely before the installation of the truck and cable assembly. PLEASE REFER TO SECTION B MULIT- SECTION FLAGPOLE ASSEMBLY IF YOU POLE IS MULTI_PIECE. If there is any suspicion of damage to the finish, completely unwrap and inspect all shaft sections prior to assembly. Rewrap to protect the finish during assembly and installation. 3. Locate the truck and pre - strung cable assembly in the parts box. Remove the two screws holding the truck cover to separate it from the body. By hand only, screw the threaded ball -stem into the, top of the truck. Use Lok -tite or similar stud cement if available. Do not let the stem protrude more thatn '/4" inside the cover. CAUTION: Excess stem inside may cause the cable to wear prematurely or break. Use a wrench to securely tighten down the jam nut against the truck. Using the two screws reassemble the truck cover to the body, being careful not to pinch the cable. Uncoil the cable leg extending from the spindle. Fish that cable down inside the shaft from the top.,Screw the truck spindle into the threaded top of shaft, using a pipe - wrench to tighten. 4. To connect cable to the winch, first remove the bolt in front of winch. Rotate the mounting plate'' /. tum counterclockwise to expose the barrel of the winch. Bring the cable end down behind, under, and up in front of.the winch. Lay the copper cable -stop on the end into the slot in the barrel, pointing upwards. Making certain that the cable stop is.not cocked, tighten the cap -screw to hold the stop in place. (NOTE: the cap screw is a trust head '' % - 20x1 /4 ". A spare is included in the spare parts bag. Use of a longer screw will cause the winch to slip) 5. Rotate the winch '/ clockwise, back to the original position with the slot in the mounting plate over the threaded bolt hole. Insert the bolt and tighten. Insert the crank handle into the hole in the center ofthe winch. Stow crank CLOCKWISE only enough to take up the slack in the cable. 6. Uncoil the outside leg of cable and stretch out along side the shaft. With the inside swivel pulled up against the truck spindle, the yoke connecting the cable to the flag arrangement should fall just above the top of the access door. If the outside cable end falls too low, it may be necessary to shorten the cable. i(. 7. Use the quick -link, attach the flag arrangement to the counterweight. Undo the quick link attached to the retainer ring, releasing one end.. Wrap the retainer ring around the shaft and reattach to the bottom of the counterweight. Temporarily tape the counterweight and cable assembly to the shaft close to the access door. Slip the flash collar up from the bottom end. Tape that in place above the tarred portion of the shaft. 8. Using a nylon sling, carefully pick up the shaft. Orient the access door in the desired direction, and set the shaft vertically into the foundation sleeve. If the shaft is a multi -piece shaft, a nylon choker must be used to insure the sections won't separate when lifted. Plumb the shaft upright. Insert wood wedges (not furnished) between the shaft and the sleeve, making certain it is well compacted. Leave a 1 " -2" void at the top for sealer (not provided). Remove the wood wedges. Fill the void with waterproof cement sealant. Slip the collar down the shaft. Caulk the collar into place at the concrete shaft joints. 9. Attach the flag to the flagsnaps on the.flag arrangement. Insert.the crank handle into the hole of the winch and crank the flag to the peak. With the flag at the peak, check to make certain that the inside swivel is still clear of the winch. If the swivel is touching the winch, crack cable all the way down. Cut off the yoke at the end of the outside leg and shorten the cable. Re -attach a yoke to the cable end using spare parts providedt Crank the flag to peak and re -check winch and swivel clearance. 10. Remove all remaining paper wrapping. When everything is in order, remove the crank, lock the access door in place and turn over the keys(2), crank (1), spare pared bag, spray -tube (1) and maintenance/operation manual to owner. t Exh'I bit 2 . . ........,. ( , SECTION A Foundation Specifications . , Sealant . . Collar W.. 1 . • I.! .•.t■ 1 . At.i i Ground • Sleeve • iii gi .• _._ : i Sand 1 5:.: : •. A II .... - .." • • , . Concrete 111 , :•i• •• Wedges .. Base . Plate •, . C • B . . ) . . Qittlindset Shaft Foundation Dimensions BUTT SLEEVE 1 DEPTH DEPTH DEPTH .; HEIGHT I DIAMETER DIAMETER '. A B C 25' - 6" 10" F ' 6" 30" 24" 30' 6" 10" 1 3' 6" 30" 24" ... ,..,L- 35' 6" - 7" JO" [ 4' 0" ' 36" 30" • giuw . _, . r . 40' 1" I '10" 1 r Li c e , r 42,, 36" i , ri ---- Lib" — r 8" r . 12" 1 4' 6" r 42" r 36" 45' 8" ' 12" r 5' 0" . 1 48" 42" _ . 50' 8" 12" 1 5' 6" r 48" r 42" 1 50' 10" 15" 1 5' 6" 1 48" 42" 60' 10" - 12" 15" T 6 , ro„ r 48" 42" , • 70' ! 10" - 12" f 15" I 8' 0" I 60" [ 48" - ( - . . . ,