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HomeMy WebLinkAbout2013-02-26 CC Resolution 13-02-09 RESOLUTION NO. 13 -02 -09 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 JIM LEONARD, REPRESENTING LEONARD INVESTMENTS FOR AN AMENDED INTERIM USE PERMIT TO ALLOW FOR ADDITIONAL WALL SIGNAGE FOR FURY AT 14702 60 STREET NORTH BE APPROVED WITH CONDITIONS; DENYING THE PYLON SIGN WHEREAS, the City of Oak Park Heights has received a request from Jim Leonard, representing Leonard Investments for an Amended Interim Use Permit to allow for additional signage for Fury at 14702 60 Street North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights 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 property is zoned B -2, General Business District in which automotive sales and service use is a conditional use; and 4. Fury requested and received an Interim Use Permit from the City Council at their October 23, 2012 meeting, to operate an automotive sales and service operation out of the existing building until a new dealership facility and improvements are made to the existing site; and 5. The existing building and site will be a temporary facility for the dealership requiring an Interim Use Permit. The use was granted approval for a period of three years, with the possibility of an extension by the City Council; and 6. Fury has requested an amendment to the Interim Use Permit to add a freestanding sign structure at the front entrance of the dealership building and increase the number of wall signs to a total of five; and 7. City staff prepared a planning report dated February 6, 2013 reviewing the request; and 8. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their February 14, 2013 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with 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 Jim Leonard, representing Leonard Investments for an Amended Interim Use Permit to allow for additional wall signage for Fury at 14702 60 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. The Interim Use allowances for signage shall be limited to three years from the date of City Council approval of the Interim Use Permit for the dealership (October 23, 2012). The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The wall signs are approved, but the second freestanding sign at the front entrance shall be denied. 4. The sign specifications and methods of any illumination shall be subject to review and approval of the City Planner at the time of permitting. 2 Approved by the City Council of the City of Oak Park Heights this 26 day of February, 2013. • 1 Mary c • mber, Mayor ATMST:' / 6,7"/ ty; Er pC A: Johnson, City Administrator 3 Attachment A Physical Address: 14702 60th St. N. Washington County Property I.D.: 33- 030 -20 -43 -0042 Legal Description: Parcel C: Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof Together with the South One -half (s ' /Z) of vacated Clara Street lying between the West line of South Fourth Street and the East line of Meridian Street, now known as Oren Avenue, except the East 362.80 feet thereof. Torrens Certificate No. 55715 Parcel D: All of Blocks 5 and 8, Summit Park, except the East 181 feet thereof, except that part taken for highway; also together with the vacated William Street and the South half of vacated Myron Street accruing thereto, together with an easement for ingress and egress over and across the Westerly driveway located on the East 181 feet of said Blocks 5 and 8 of Summit Park; Washington County, Minnesota. Abstract Property The above description describes the same property as in Title Commitment File No. 31842 of Commercial Partners Title, LLC., dated April 1, 2009. ATTACHMENT B Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Required Approvals: City Council 4/5 Interim Use Permits - Termination: An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit or ordinance. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non - conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district.