HomeMy WebLinkAbout2013-08-23 OPH Ltr to City Attorney Forwarding Document for Recording a CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439 4439 • Fax:651/439-0574
August 23, 2013
Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff& Vierling. P.L.L.P
1809 Northwestern Ave.
Stillwater, MN 55082
Re: Conditional Use Permit
Hassis Paintworks
OPH File No.: 2013-006.11
TPC File: 236.02-13.04 ,/
Dear Mr. Vierling:
nc •s4 d herewit or filing with the Washington County Recorder's Office, please find a
co-y • the ab, 4e-referenced document. Notice of Certification has been attached.
g. ds,
Eft,";■ohnson
Cit! Administrator
EJ: 'ah
En losure
Tree City U.S.A.
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
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:
Conditional Use Permit
Hassis Paintworks
5625& 5645 Memorial Ave. 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 Cit of Oak Park
Heights.
WITNESS my hand and the seal of the City o ak P. k Hcig , this 23rd day of
August, 2013.
r
//
Eric Jo u''on
City Ad, inistrator
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
HASSIS PAINTWORKS
File No.: 236.02-13.04 Date Issued: August 14,2013
Legal Description: (Washington County Geo. Code: 06.029.20.24.0006)
LOT 4,BLOCK 1,KERN CENTER 2nd ADDITION
Owner: Stillwater West LLC
11910 Otchipwe Ave No.
Stillwater,MN 55082
Applicant: Chris Hassis dba Hassis Paintworks
440190'Ave.
Somerset,WI 54025
Site Address:5625&5645 Memorial Ave.
Present Zoning District: B-3 Highway Business and Warehousing District
Permitted uses set forth in Ordinance 401 Section 401.300 E.5 and 401.03 A.7
I. CONDITIONAL USE PERMIT: City of Oak Park Heights has received a request from Chris Hassis
for a Conditional Use Permit to allow for boat body repair at 5625/5645 Memorial Avenue North. The
application has been granted by the City Council subject to the following conditions:
1. All boat repair activities shall be limited to within the principal structure and the service and
delivery doors shall be kept closed except when vehicles are being moved in and out of the
building.
2. There shall be no exterior storage of materials on the site. All storage shall be internal to the
building.
3. The business approved is for marine fiberglass and gel coat repair, detailing, striping, installing
decals, and replacing any damaged parts on the body of boats. If the business expands from what
was originally approved, the applicant shall make a request in writing to the City Administrator
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with documentation. The City Administrator shall determine if the expansion of activity shall
require an amended CUP.
4. The business shall not offer the sale or storage of boats.
5. All noise created from operations on the site shall be in conformance with Section 401.15.B.11
of the Zoning Ordinance.
6. All mechanical equipment installed outside of the building shall be screened in accordance with
Section 401.15.E.10.e of the Zoning Ordinance.
7. All trash and recycling shall be stored in the building or within the designated trash enclosures
for the building.
8. All proposed signage shall be in compliance with Section 401.15.G of the Zoning Ordinance.
9. The applicant shall receive and retain,if required,a Hazardous
Generators License from Washington County
III. Reference Attachment:
The report of the City Planner dated July 3,2013 are annexed hereto and incorporated herein by reference.
V. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the
City under the terms hereof.Any discontinuation or abandonment of the uses permitted hereunder upon the
site for a period of 12 continuous months shall constitute abandonment and void the permit.
V. Annual review: Annual review is not imposed as a condition of this permit
� s
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
CITY OF OAK P ' HEIGHTS
Date: f"`"2°2 a7 3 By � .
cComber
ayor
Date: B 4
Eric Johnson
City Administrator
CHRIS • SIS DBA HASSIS PAINTWORKS
Date: ‘S'/ // /3 By�
Permit Holder
4 4
EXHIBIT "A"
PLANNERS REPORT AND SITE PLANS
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: July 3, 2013
RE: Oak Park Heights— Hassis Paintworks—5625/5645 Memorial
Avenue North - Conditional Use Permit Review
TPC FILE: 236.02 — 13.04
BACKGROUND
Chris Hassis has made application for a Conditional Use Permit (CUP) to allow for boat
body repair, fiberglass operation and gel coat repair at 5625/5645 Memorial Avenue
North. The business is limited to boat repairs and only for body work. They will not be
doing mechanical or engine work at this location.
The site is zoned B-3, Highway Business and Warehousing District in which the City
Council, on May 29, 2013 adopted a Zoning Ordinance Amendment to allow for boat
repair as a conditional use in the B-3 District. The project does not require Site Plan
and Design Guideline review in that the operations will be contained within an existing
building. Other than for signage, no changes will be visible to the exterior of the multi
tenant structure where this business will be locating.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative— Chris Hassis—June 9, 2013
Exhibit 2: Map of Kern Center with Site Location
Exhibit 3: Site Plan
Exhibit 4: Interior Layout Plan
Exhibit 5: Building and Site Pictures/Proposed Signage
Exhibit 6: Zoning Ordinance Amendment— B-3 District— May 29, 2013
PROJECT DESCRIPTION
The proposed use is to occupy the office space at 5645 Memorial Avenue North and the
rear warehouse space at 5625 Memorial Avenue North. There will be no exterior
modifications to the site or the building as a result of this request. The Applicant has
provided a narrative explaining the nature of the business as follows:
"The main service that Hassis Paintworks will be providing is marine fiberglass and gel
coat repair. A few examples of these repairs would be chips, gouges, and stress
cracks. Other services Hassis Paintworks would provide is detailing, striping, installing
decals, and replacing any damaged parts on the body of boats.
Hassis Paintworks will also have a small retail section in our office where we will be
selling products for maintaining a boat, such as waxes, soaps, etc."
The applicant has indicated that a paint booth will not be installed at this location, nor
will they be doing mechanical work/engine repair. There would be one employee to
start, with the possibility of another in the future.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Highway Business and
Warehouse on the Proposed Land Use Map. The proposed business will be consistent
with this land use designation.
Zoning. The property is zoned B-3 Highway Business and Warehousing District. The
Zoning Ordinance was amended by the City Council on May 29, 2013 to allow auto and
boat repair-minor, auto and boat repair-major, auto and boat washes as a conditional
use. A copy of the Ordinance is attached as Exhibit 6. The criteria found in Section
401.03.A.7 and 401.300.E.5 of the Zoning Ordinance must be considered when
reviewing a request for this type of business in this District.
Conditional Use Permit. The Planning Commission should consider the following
issues and impacts of the proposed project in making its recommendation.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
2
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7. Traffic generation by the use in relation to capabilities of streets serving
the property.
8. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment: The boat repair use will be totally conducted indoors and there will be no
outside storage of materials or finished product. It is primarily cosmetic boat repair.
There should be no significant environmental issues or impact to surrounding tenants or
property owners. Traffic generation will be minor and the level of shipping and receiving
that occurs with an operation such as this will not be significant. City Staff sees no
issues with the business as currently proposed.
Additionally, the criteria found in Section 401.300.E.5 of the B-3 District should be
considered:
Section 401.300.E.5. Conditional Uses:
5. Auto and boat repair-minor, auto and boat repair-major, auto and boat washes,
but not including motor fuel stations, provided that:
a. No building or structure, permanent or temporary, driveway surfaces,
parking areas, advertising devices or other similar site improvements,
except driveways traversing a public road boulevard, shall be located
within one hundred ten (110) feet of any part of a residential district.
Comment: No residential districts are within 110 feet from this building.
b. Sale or products other than those specifically mentioned in this subdivision
be subject to a conditional use permit and be in compliance with Section
401.300.E.4 of this Ordinance.
Comment: The retail sales component of this business is a permitted use.
c. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
Comment: The business shall be reviewed periodically to assure compliance
with the conditions.
d. A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking/driveway areas adjacent to lot lines and the public right-of-way.
Comment: This is an existing building that complies with this condition
3
e. All automobile and boat repair activities shall be conducted within the
principal structure and the doors to the service bays shall be kept closed
except when vehicles are being moved in or out of the service areas.
Comment: This shall be made a condition of approval for this business.
f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
Comment: Not applicable.
g. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10:00 PM and 6:00 AM unless otherwise
allowed by formal action of the City Council.
Comment: Not applicable.
h. Facilities may offer minor and major auto and boat repairs, but they shall
not offer the sale or storage of junked cars or boats, or automobile
wrecking.
Comment: This shall be made a condition of approval for this business.
i. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or areas to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
Comment: Not Applicable. Building is constructed.
j. The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
Comment: The site is compliant with this condition.
k. A drainage system subject to the approval of the City shall be installed.
Comment: The site is compliant with this condition.
1. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E.
Comment: The site is compliant with this condition.
4
m. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F of this Ordinance
and shall be subject to the approval of the City Engineer.
Comment: The site is compliant with this condition.
n. Provisions are made to control and reduce noise in accordance with
Section 401.15.8.11 of this Ordinance.
Comment: This shall be made a condition of approval for this business.
o. No outside storage shall be allowed except as allowed in compliance with
Section 401.15.8.14 of this Ordinance.
Comment: This shall be made a condition of approval for this business.
p. The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right-of-way and shall be in compliance with Section 401.15.8.7 of
this Ordinance.
Comment: The site is compliant with this condition.
q. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
Comment: This shall be made a condition of approval for this business.
r. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the City's
ability to provide utility, police, fire, administrative or other services to the
site.
Comment: The site is compliant with this condition.
s. The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
Comment: The Planning Commission should comment.
Parking. Section 401.15.F.9 of the Zoning Ordinance requires at least eight spaces
plus one space for two employees on each shift based on maximum planned
employment or at a minimum of at least eight spaces plus one space for each 500
square feet of floor area. The office space requires three spaces plus at least one
5
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space for each 200 square feet of floor area. The parking calculation for the proposed
business is as follows:
Option 1:
Office:
1,200 sq ft— 10% = 1080/200 + 3 = 8 spaces
Warehouse:
1 space for two employees + 8 = 9 spaces
Total 17 spaces
Option 2:
Office:
1,200 sq ft— 10% = 1080/200 + 3 = 8 spaces
Warehouse:
2400 sq ft— 10% = 2160/500 + 8 = 12 spaces
Total 20 spaces
Of the two options within the Zoning Ordinance, the square footage calculation requires
the most parking spaces at 20.
The development was constructed with a total of 75 parking stalls in compliance with
the Zoning Ordinance. The configuration of the building with office space in front and
rear warehouse space has not changed significantly since the building was constructed.
There is adequate parking for the proposed use.
Loading areas/Trash Enclosure Location. The loading access to the building will be
through an existing door at the east side of the building. All trash and recycling shall be
stored in the building or within the designated trash enclosures for the building.
Grading/Drainage/Utilities. There are no exterior changes that require revisions to
grading, drainage or utilities.
Lighting Plans. There are no changes to exterior lighting.
Landscaping. There are no changes proposed to the existing landscape.
Mechanical Screening. Any additional exterior mechanical equipment required for
this use will require screening in compliance with the Zoning Ordinance and Design
Standards.
6
Signage. A picture of the proposed signage was provided by the Applicant. The total
square footage of the sign is 72 square feet and is compliant with the sign requirements.
Any signage proposed for the development shall require a sign permit and shall be
compliant with the Zoning Ordinance and Design Standards.
CONCLUSION / RECOMMENDATION
Upon review of the request for a Conditional Use Permit to allow for boat repair, at
5625/5645 Memorial Avenue North, City Staff would recommend the project with the
conditions as follows:
1. All boat repair activities shall be limited to within the principal structure and
the service and delivery doors shall be kept closed except when vehicles
are being moved in and out of the building.
2. There shall be no exterior storage of materials on the site. All storage
shall be internal to the building.
3. The business approved is for marine fiberglass and gel coat repair,
detailing, striping, installing decals, and replacing any damaged parts on
the body of boats. If the business expands from what was originally
approved, the applicant shall make a request in writing to the City
Administrator with documentation. The City Administrator shall determine
if the expansion of activity shall require an amended CUP.
4. The business shall not offer the sale or storage of boats.
5. All noise created from operations on the site shall be in conformance with
Section 401.15.B.11 of the Zoning Ordinance.
6. All mechanical equipment installed outside of the building shall be
screened in accordance with Section 401.15.E.10.e of the Zoning
Ordinance.
7. All trash and recycling shall be stored in the building or within the
designated trash enclosures for the building.
8. All proposed signage shall be in compliance with Section 401.15.G of the
Zoning Ordinance.
9. The applicant shall receive and retain, if required, a Hazardous
Generators License from Washington County.
7
EXHIBIT 2 ■
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EXHIBIT 3
SITE PLAN: 5635 Memorial Ave. N.-. s; 1 L-- ' .13. ‘WN IIVN NItiNN. 11. )-1
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EXHIBIT 4'
5625 MEMORIAL AVE. N.
2,400 SF
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Dimensions are as follows:
• HASS1S=72"x 16" °`
PAINTWORKS=232"x 24"
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MARINE COLLISION REPAIR OVAL=232 x 16•
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