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Home My WebLink About2004-05-17 Discount Tire Legal Counsel Ltr to OPHJOSIAH E. BRILL, JR. JAMES R. GREUPNER GERALD S. DUFFY WOOD R. FOSTER, JR. THOMAS H. GOODMAN JOHN S. WATSON WM. CHRISTOPHER PENWELL ANTHONY J. GLEEKEL SHERRI L. ROHLF JORDAN M. LEWIS* BRIAN E WEISBERG Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 North Oak Park Boulevard Oak Park Heights, MN 55082 Re: The Shoppes of Oak Park Heights, Oak Park Heights, Minnesota Discount Tire Conditional Use Permit Our File No. 23,549-AG-001 Dear Mr. Johnson: Please find enclosed, for inclusion in the informational packets distributed to the Mayor and members of the City Council with respect to its upcoming meeting on Tuesday, May 25, 2004, correspondence directed to the Mayor and the members of the City Council, as well as twenty (20) copies of the documents referenced therein. Please include the enclosures in the packets to be prepared for the upcoming City Council meeting on Tuesday, May 25, 2004. For your convenience, I have also made twenty (20) copies of the correspondence directed to the Mayor and the Council. Thank you. Very truly yours, SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A. Anthony J. Gleekel ism Enclosures cc: James Silhasek (\AT/enc.) Steve Johnson (w/enc.) Mark Vierling (w/enc.) LAW OFFICES 1300 WASHINGTON SQUARE 100 WASHINGTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401 TELEPHONE (612) 337-6100 FACSIMILE (612) 339-6591 May 17, 2004 STEVEN J. WEI NTRAUT M. GREGORY SIMPSON JAMES A. YAROSH JERRIE M. HAYES VICKIE L. LOHER MARK THIEROFF *400 EAST WISCONSIN AVENUE SUITE 333, FLOOR 3A MILWAUKEE, WISCONSIN 53202-4469 (414) 225-9646 FAX (414) 270 -0862 VIA HAND-DELIVERY JOSIAH E. BRILL, JR. JAMES R. GREUPNER GERALD S. DUFFY WOOD R. FOSTER, JR. THOMAS H. GOODMAN JOHN S. WATSON WM. CHRISTOPHER PENWELL ANTHONY J. GLEEKEL SHERRI L. ROHLF JORDAN M. LEWIS* BRIAN E. WEISBERG Mayor David Beaudet & Members of the City Council City of Oak Park Heights 14168 North Oak Park Boulevard Oak Park Heights, MN 55082 LAW OFFICES SIEGEL, BRILL, GREUPNER, DUFF' & FOSTER, P.A. Dear Mayor Beaudet and Members of the City Council: Please find enclosed the following documents: 1300 WASHINGTON SQUARE 100 WASHINGTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401 TELEPHONE (612) 337 -6100 FACSIMILE (612) 339 -6591 May 17, 2004 STEVEN J. WEINTRAUT M. GREGORY SIMPSON JAMES A. YAROSH JERRIE M. HAYES VICKIE L. LOHER MARK THIEROFF *400 EAST WISCONSIN AVENUE SUITE 333, FLOOR 3A MILWAUKEE, WISCONSIN 53202 -4469 (4141 225 -9646 FAX (414) 270 -0862 VIA HAND - DELIVERY Re: The Shoppes of Oak Park Heights, Oak Park Heights, Minnesota -- Discount Tire Conditional Use Permit Our File No. 23,549 -AG -001 1. Elevations of a prototype Discount Tire Co. facility; 2. An Illustrative Planting Plan for the proposed Discount Tire Co. facility at The Shoppes of Oak Park Heights, with illustrations of the views of the site from Ruby Tuesday's and Eagles Picnic Area; and, 3. Photographs of the Discount Tire facility located at 8431 Lyndale Avenue South, Bloomington, Minnesota. Consistent with our discussions with development staff, we are seeking approval of the Discount Tire Co. Conditional Use Permit for The Shoppes of Oak Park Heights without the condition that requires the doors to the service bays be kept closed, except when vehicles are being moved in or out of the service areas. It appears from meeting with staff that this proposed condition was based upon screening, and not noise issues. As a result, the property owner proposes the placement of additional landscaping to resolve any screening concerns. As you will see from the enclosed landscape plan, the service bay doors will be screened from the east. Further, as you will note from the photographs of the existing Discount Tire Co. location in Bloomington, which operates with open service bay doors, the stores are extremely well kept, and the ability to view the interior of the store is nominal with the service bay doors open. As you will note from the enclosures, the prototype Discount Tire facility and the location in Bloomington are designed to hold two cars per service bay. The service bay doors are manually May 17, 2004 Page 2 operated with chain hoists, as with all other prototypical Discount Tire Co. stores. Since there will be two vehicles in each service bay in varying stages of completion of work, requiring the service doors to be closed would require the operator to open and close the doors, possibly ten times while completing tire repair or replacement tasks on two vehicles, which tasks normally take between 9 and 12 minutes per vehicle. Opening and closing the service bay doors is therefore, not feasible. Other Discount Tire Co. locations in Minnesota, which have fully enclosed service areas were previously NTB designed locations, taken over by Discount Tire Co. The construction of this type of larger facility is not undertaken by Discount Tire Co. in facilities it constructs, as illustrated on the enclosed prototype illustrations. Discount Tire Co. will periodically partially close the doors during the winter months, but typically even during cold weather Discount Tire Co. does not close the service bay doors entirely. We believe that the proposed landscape plan exceeds the general screening requirements for auto repair -minor as required by the City Code, which only requires parking or car magazine storage space to be screened from view of abutting residential districts. This correspondence also serves to confirm that the landowner requests that the Conditional Use Permit associated with Discount Tire Co., when granted, will encumber solely Lot 3, Block 1, The Shoppes of Oak Park Heights, 2" Addition, which is the proposed Discount Tire Co. facility parcel. Thank you. Very truly yours, Anthony J. G eekel Ism Enclosures O a N w N 0 O A-+ 0 U CD E"'"' 4 a ) 0 U Ci Q Discount Tire Co. — Oak Park Heights Illustrative Planting Plan with illustration of views from Ruby Tuesday's and Eagles Picnic Area tJ W M •• • N1 203118) 1 NV-1 ?=lioo]nDi 0 • ‘1' Photographs of Discount Tire Co. Facility 8431 Lyndale Avenue South, Bloomington, Minnesota •1=' /