HomeMy WebLinkAbout1996-01-17 Planning Report • Enclosure 7
ACNorthwest Associated Consultants , Inc .
COMMUNITY PLANNING • DESIGN • MARKET RESEARCH
PLANNING REPORT
Li-
TO Oak Park Heights Mayor and City Council j 1
.SAN 1 9
FROM: Cary Teague/Scott Richards
DATE: 17 January 1996
RE: Oak Park Heights - Jerry's Auto Body - CUP/Setback Variance
FILE NO: 798.02 - 95.25
EXECUTIVE SUMMARY
Background
Jerry's Auto Body is requesting a conditional use permit to expand their existing "auto
repair-minor" operation (auto body). The applicant is also requesting an eight (8) foot, six
(6) inch side yard setback variance in order to connect the two existing structures on the
site. The subject property is located south of Highway 36 and east of Norell Avenue,
within the "B-2" General Business District.
Attached for Reference:
Exhibit A - Site Location
Exhibit B - Site Plan
ISSUES AND ANALYSIS
Conditional Use Permit
Evaluation Criteria: The purpose of a conditional use permit is to provide the City of Oak
Park Heights with a reasonable degree of discretion in determining the suitability of certain
designated uses upon the general welfare, public health and safety. In making this
determination, whether or not the conditional use is to be allowed, the City may consider
the nature of the adjoining land or buildings, whether or not a similar use is already in
existence and located on the same premises or on other lands immediately close by, the
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
effect upon traffic into and from the premises, or any adjoining roads, and all such other
or further factors as the City may deem.a prerequisite of consideration in determining the
effect of such use on the general welfare, public health and safety.
Section 401.11. D.3. of the Oak Park Heights Zoning Ordinance states that "auto repair-
minor" is a conditionally permitted use within the B-2, General Business zoning district.
"auto repair-minor" is defined within the Zoning Ordinance as follows:
Minor repairs, incidental body and fender work, painting and upholstering,
replacement of parts and motor services to passenger automobiles and trucks not
exceeding twelve thousand (12,000) ponds gross weight, but not including any
operation specified under "Automobile Repair - Major".
Per Section 401.11.D.3 the following conditions are placed on all of the following uses:
Motor fuel station, auto repair-minor and tire and battery stores and service.
a. Regardless of whether the dispensing, sale of offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business, the standards
and requirements imposed by this Ordinance for motor fuel stations shall
apply. These standards and requirements are, however, in addition to other
requirements which are imposed for other uses of the property.
The applicant is not proposing the sale of motor fuels and/or oil in conjunction with
the use, therefore, this provision is not pertinent to the use of the property.
b. The architectural appearance and functional plan of the building and site shall
not be so dissimilar to the existing buildings or area as to cause impairment
in property values or constitute a blighting influence within a reasonable
distance of the lot.
The existing paint shop and a portion of the existing auto body shop are "pole
buildings", which do not meet the current City Code regulations, therefore, exist as
legal non-conforming structures. The proposed addition is to be a constructed with
a steel frame, which meets the City Code regulations for construction of commercial
buildings. The proposed addition will be constructed to match the exterior building
material of the existing body and paint shop. The proposed addition is located
behind the entrance to the main facility, therefore, the visual impact from Highway
36 will be minimal.
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The applicant has not submitted detailed building plans, therefore, in order to
address all structural and safety concerns, as a condition of approval the applicant
must submit a complete set of building plans, subject to review and approval of the
City Building Official. This will ensure that the addition will be constructed to meet
all State Uniform Building Code requirements.
c. The entire site other than 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 Engineer.
The existing parking area and driveway is paved with bituminous surface. The
applicant is not proposing any alteration to the existing parking and driveway area.
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 be made a condition of approval.
d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot
widths of one hundred fifty(150) feet.
This provision is intended for motor fuel stations, which generate much larger
volumes of traffic and therefore, require more room on site for vehicles to maneuver
in and out. The subject property is 21,100 square feet in size and 100 feet wide.
Despite the fact that the 150 foot lot width requirement is not met, the site does
provide for more than adequate room for maneuverability on site for its customers.
e. A drainage system subject to the approval of the City Engineer shall be
installed.
A specific drainage plan has not been submitted, therefore, as a condition of
approval, the City Engineer shall inspect the site to determine if the proposed
addition will have any negative impacts on drainage in the area. If the Engineer
has concerns, the applicant must submit a drainage plan which will show the impact
on drainage in the area, and in particular to adjacent properties, and also provide
remedies to correct any drainage issues.
f. A curb not less than six (6) inches above grade shall separate the public
sidewalk from motor vehicle service areas.
There are no public sidewalks associated with the subject property, therefore, this
requirement is not pertinent to the application.
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g. 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 401.03.B.8 of the Oak Park
Heights zoning ordinance.
The applicant is not proposing any additional on-site lighting, however, if any
additional lighting be proposed in the future, a lighting plan must be submitted to
the City, and it must meet all the provisions within Section 401.03.8 of the Oak Park
Heights Zoning Ordinance. Said lighting plan would be subject to review and
approval of the City Engineer.
h. Wherever fuel pumps are to be installed, pump island shall be installed.
The applicant will not be installing fuel pumps.
i. At the boundaries of a residential district, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with Section 401.03.B.7 of
the Oak Park Heights zoning ordinance.
The subject property is not located adjacent to any residential district, therefore, no
additional landscaping is required.
j. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.03.B.7 of the Oak
Park Heights zoning ordinance.
The subject property is not located adjacent to any residential district, therefore, no
additional landscaping is required.
k. Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Section 401.03.E of the City Code and shall be
subject to the approval of the City Engineer.
The applicant is not proposing any new access points to the site. Access is
provided off of State Highway 36. The proposed addition to the existing facility will
not create a conflict with traffic movement.
All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.03.1 of the City Code.
No additional signing has been requested by the applicant. However, should any
additional signing be needed, the proposal must be in compliance with Section
401.03.1 of the City Code.
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m. Provisions are made to control and reduce noise.
No repair work will take place outside of the enclosed building areas. The building
plans for the proposed addition will be reviewed by the City Building Official,
therefore, in terms of insulating the building wall, the structure will be required to
meet all State Uniform Building requirements, as a result, noise generated from
within the building will not be out of the ordinary for this type of building within a
commercial zoning district.
n. No outside storage except as allowed in compliance with Section 401.11.D.5
of the City Code.
Per Section 401.11.D.5, any outdoor storage of vehicles waiting to be repaired,
must be screened from all right-of-ways. The exterior storage of vehicles waiting
to be repaired is located adjacent to the existing paint shop, away from Highway 36.
The site does not contain a fence or landscaping to screen this area, therefore,
there shall be no exterior storage of parts or equipment. Storage of these types of
material must be within a closed building, unless the applicant wishes to construct
a fence for screening.
In an effort to prevent this outdoor storage area from becoming a "salvage yard",
a condition shall be placed upon the approval of the conditional use permit stating
no unlicensed or inoperable vehicles shall be stored on the premises for more than
forty-eight (48) hours, except in storage areas that are fully screened from public
view.
Also, all repair, assembly, disassembly and maintenance shall occur within a closed
building, except minor maintenance. Minor maintenance shall include work such
as tire replacement or inflation, adding oil or wiper fluid replacement.
No specific area has been identified for handling of trash on site. Therefore, a
condition of approval shall be made that any exterior trash handling areas must be
screened from public view.
o. Sale of products other than those specifically mentioned in this Subdivision
be subject to a conditional use permit and be incompliance with Section
401.11.D.4 of the zoning ordinance.
All sale of products on site are supplementary to the proposed use. Should the
applicants wish to provide any additional uses other than those outlined in Section
401.11.D.3, a conditional use permit must be requested.
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p. 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.
If the City Council receives any complaints regarding the subject property, or the
Council feels that conditions on or near the site have changed which warrant further
review, the Council has the right to hold a public hearing to consider any necessary
changes in the conditions of approval.
q. The provisions of Section 401.16.A.5 of the zoning ordinance are considered
and satisfactorily met.
Section 401.16.A.5 of the City Code, states the following: The City Council shall
consider possible adverse affects of the proposed amendment or conditional use.
Its judgement shall be based upon (but not limited to) the following factors:
1. Relationship to the municipal comprehensive plan.
2. The geographical area involved.
3. Whether such use will tend to or actually depreciate the area in which
it is proposed.
4. The character of the surrounding area.
5. The demonstrated need for such use.
Comprehensive Plan: The existing land use plan, as contained within the
Comprehensive Plan designates the subject site for commercial uses. The site is
located within Planning District#15, which also designates the subject property for
commercial uses.
Compatibility: The Zoning Ordinance stipulates that the proposed use should be
compatible with present and future land uses in the area. In determining the
acceptability of the proposed zoning amendment, it is beneficial to examine
surrounding land uses. The following is a listing of uses and zoning designations
which surround the subject site:
Direction Use Zoning
North Commercial - north side Commercial (Stillwater)
of Highway 36
South Commercial - Walmart B-2 - General Business
East Undeveloped/Commercial B-2 - General Business
(Applebees)
6
Direction Use Zoning
West Commercial - Gardy's Cycle B-2 - General Business
& Boat
As indicated above, the surrounding land uses include commercial land uses,
therefore, the use of the property is considered to be consistent with the
surrounding land uses.
Area Depreciation: An expansion of Jerry's Auto Body should not negatively
effect property values in the area.
r. The City may allow a motor fuel pump canopy to encroach ten (10) feet into
a requred setback provided the canopy support structure does not encroach
on the setback and the setback encroachment will not result in an obstruction
of traffic visibility.
Again, there are not motor fuel pumps associated with the subject request,
therefore, this provision is not pertinent to the application.
Parking: The applicant has not submitted a detailed site plan which indicates parking for
the facility. Per Section 401.03 E.8.w. the following is required:
Spaces
Use *Parking Stall Requirement Building Size Required
Auto Repair Eight (8) spaces, plus one (1) 6,134 14
space for each 800 s.f. of floor
area over 1,000 s.f.
* 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 requirement, the applicant must provide 14 parking stalls on-site,
outside of the storage area. A site inspection indicated that space is available in the
northeast corner of the site for seventeen (17) vehicles, therefore the parking requirement
is satisfied. As previously mentioned, 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 is required. Further, State law requires that one (1) in every twenty-five
(25) parking stalls must be for the handicapped, therefore, one (1) handicap stall shall be
provided.
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Curbing: Per Section 401.03.E.16, all off street parking areas shall have a perimeter
curb barrier around the entire parking lot. The parking lot is a legal existing non-
conforming use, therefore, curbing is not required.
Variance Review
Variance Request: Section 401.03 C.4 of the Oak Park Heights zoning ordinance states
that the side yard setback requirement in the B-2 zoning district is ten (10) feet. The
proposed addition is to be set one (1) foot, six (6) inches back from the side property line,
therefore, an eight (8) foot, six (6) inch side yard setback variance is requested.
As shown on Exhibit B, the existing paint shop is shown to be located on the side property
line, while the existing body shop is set ten (10)feet back from the side property line. The
site plan submitted however, may not be accurate, as it is not a registered survey, done
by a licensed surveyor. Because the existing structures are located so close to the side
property line, in order to verify the exact locations of the existing and proposed buildings,
the applicant must submit a registered survey.
The proposed addition to these facilities connects the two buildings, and due to the angled
side property line, the proposed addition does not meet the required side yard setback.
The proposed addition will not increase the non-conformity of the setback.
In considering all requests for a variance, the City shall make a finding of fact that the
proposed action will not:
1. Impair an adequate supply of light and air to adjacent property.
The proposed request will not impair an adequate supply of light and air to adjacent
property. The proposed addition will not increase the separation between the
existing building on the subject property and the existing building on the adjacent
property to the west.
2. Unreasonably increase the congestion in the public street.
The proposed addition of Jerry's Auto Body, will not unreasonably increase the
congestion on Highway 36.
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3. Increase the danger of fire or endanger the public safety.
The applicant will be required to obtain a building permit, as such the addition will
be required to meet all applicable State Uniform Building Code requirements,
therefore, the proposal will not increase the danger of fire or endanger the public
safety.
4. Unreasonably diminish or impair established property values within the
neighborhood, or in any other way be contrary to the intent of this Ordinance.
The intent of the side yard setback requirement is to maintain adequate separation
between buildings, the proposed addition to Jerry's Auto Body, will not increase the
existing building separation between the existing paint shop and the adjacent
building to the west. The proposed addition to Jerry's Auto Body, will be located
north of the existing building to the west, and the existing building separation of 8'6"
will be maintained The proposal to improve the subject property, will not have a
negative effect property values in the area.
The hardship in this instance is caused by the existing location of the paint shop (located
on the side yard property line), which the applicant wishes to connect to the existing auto
body shop. In order to connect these two facilities in an alignment with the existing paint
shop, the building addition cannot meet the required ten (10) foot side yard setback
requirement. If the strictest application of the Ordinance were upheld, the applicant would
be forced to move the addition to east into the required parking area west of the building.
As a result the applicant would not have adequate area to provide parking for customers
(see parking requirements above).
RECOMMENDATION
Based on the information within this report, our office recommends approval of the request
for a conditional use permit and 8' 6" side yard setback variance to construct an addition
to Jerry's Auto Body, subject to the following conditions:
1. The applicant must provide a registered survey showing all lot lines and the existing
and proposed buildings, to verify the exact setbacks.
2. All parking stalls must be marked with white paint lines not less than four (4) inches
wide.
3. The applicant must provide for at least one (1) handicap parking stall.
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4. No unlicensed or inoperable vehicles, parts or equipment shall be stored on the
premises for more than forty-eight(48) hours, except in storage areas that are fully
screened from public view.
5. All repair, assembly, disassembly and maintenance shall occur within a closed
building, except minor maintenance. Minor maintenance shall include work such
as tire replacement or inflation, adding oil or wiper fluid replacement.
6. Exterior trash handling areas must be screened from public view.
7. The applicant must submit a full set of detailed building plans to address structural
and safety concerns. Said plans are subject to review and approval by the City
Building Official, as per the provisions of the State Uniform Building Code.
8. The City Engineer shall inspect the site to determine if the proposed addition will
have any negative impacts on drainage in the area. If the Engineer has concerns,
the applicant must submit a drainage plan which will show the proposal's impact on
drainage in the area, and in particular to adjacent properties.
9. If the City Council receives any complaints regarding the subject property, or the
Council feels that conditions on or near the site have changed which warrant further
review, the Council has the right to hold a public hearing to consider any necessary
changes in the conditions of approval.
10. Comments from other City Staff.
pc: Mike Robertson
Mark Vierling
Joe Anderlik
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