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HomeMy WebLinkAbout10-05-17 10 -05 -17 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY ORIGINAL OWNERS AUTO, INC. FOR TRANSFER OF THE CONDITIONAL USE PERMIT TO ALLOW OUTDOOR AUTO SALES AT 14398 59 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Original Owners Auto Inc. to transfer the conditional use permit to allow outdoor auto sales at 14398 59 Street North and after due consideration, the City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject site is zoned B -2, General Business District in which outdoor auto sales in a conditional use; and 4. A conditional use permit was issued on June 22, 2004 to Doom and Thorbus for outdoor auto sales at the subject site; and 5. The conditional use permit was transferred to Light Year Auto LLC in February 2008; and 6. The applicant has submitted an application to transfer the conditional use permit to Original Owners Auto, Inc. and agreed to conduct the business under the previously adopted conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Original Owners Auto Inc. to transfer the conditional use permit to allow outdoor auto sales at 14398 59 Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. All cars sold outside shall be shown by appointment only. 2. There shall be no advertising of the business that would invite the public to view the inventory on site. 3. There shall be no special event advertising devices such as business, flags, or prices on windows used on site. 4. All cars shall be presentable and in full operable condition. 5. One two foot by three foot wall sign shall be allowed for the operation, subject to review and approval of City staff. 6. No more than five for sale cars shall be kept on site at any given time. 7. No automobile repairs shall be done in the parking lot for the operation. 8. There shall be no exterior storage of automobile parts, accessories, or related items on site. 9. All noise created from the operations shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 10. The sales operation shall not be operated between the hours of 10:00 PM and 6:00 AM. 11. The property owner shall work with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the commercial building and parking area. The property owner shall develop a screening/ landscaping plan subject to review and approval of the City staff. The approved screening/landscaping plan shall be installed 90 days following City Council approval of the conditional use permit. 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed 90 days following City Council approval of the conditional use permit. 13. One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. The tenant may designate up to five parking spaces for exclusive use of the auto sales business. 2 15. The Police Department and Public Works Department shall review the site and make a recommendation regarding on- street parking and loading access for 59 Street North, Olene Avenue North, Olinda Avenue North, and 60 Street North. 16. The property owner shall stripe all 41 parking stalls on the property. 17. No on- street parking is allowed for this business. 18. This conditional use permit shall be reviewed in one year to determine if the business is in conformance with these conditions of approval. 19. If the exterior lighting on the building is non - conforming, it shall be brought into compliance with City standards. 20. Upon vacation of the premises by the automobile sales business, the applicant or property owner must contact the City of Oak Park Heights. Approved by the City Council of the City of Oak Park Heights this 25 day of May 2010. det, Mayor 4ATTE: Eric son, City Administrator I 3 ATTACHMENT A Amended Conditional Use Permit Original Auto Owners, Inc. — Outdoor Auto Sales 14398 58 St. N. Washington County GEO Code: 04.29.20.21.0039 Legal Description: Tract A of Registered Land Survey No. 19, on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota, except the east fifteen (15.00) feet thereof. Physical Address: 14398 59 St. N., Oak Park Heights, MN 55082 • ATTACHMENT B v Amended Conditional Use Permit Original Auto Owners, Inc. — Outdoor Auto Sales 1439858 th St. N. Application Materials • Application Form • Fees • Written Narrative and Materials Explaining Proposal Conference With City Staff Upon Application Submittal: April 14, 2010 Required Approvals: CUP City Council 4/5 • Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)