HomeMy WebLinkAbout2010-003 Council Resolution iCouncil Member Roeser introduced the following resolution and moved
its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10-03
RESOLUTION APPROVING CONDITIONAL USE PERMITS FOR AN
AUTOMOBILE REPAIR FACILITY WITH ACCESSORY RETAIL SALES TO
ALLOW A MOTORCYCLE REPAIR BUSINESS AT 7317 & 7319 LAKE DRIVE.
WHEREAS, the City has received an application for conditional use permits for
an automobile and truck repair facility and for accessory, indoor retail activity for
property currently described to-wit:
THAT PRT OF SW1/4 OF SW1/4 OF SEC 17 TWP 31 RGE 22
DESC AS FOL: BEG AT INTER OF S LINE OF N 300 FT OF SD
1/4 1/4 & WLY RAN LINE OF LAKE DR, TH S 25 DEG 20 MIN 49
SEC W, ASSD BRG, ALG SD RAN LINE 127.34 FT, TH N 64 DEG
39 MIN 11 SEC W 272.63 FT, TH N 25 DEG 20 MIN 49 SEC E 160
• FT, TH S 64 DEG 39 MIN 11 SEC E 272.63 FT TO SD WLY R/W
LINE, TH S 25 DEG 20 MIN 49 SEC W ALG SD WILY RAN LINE
32.66 FT TO POB, (AKA PRT OF LOTS 1 & 2 AUD SUB NO 54),
SUBJ TO EASE OF REC
and
WHEREAS, at their meeting on December 9, 2009, the Planning & Zoning Board
conducted a public hearing and recommended approval of the conditional use
permits subject to the conditions listed in the meeting minutes; and
WHEREAS, the proposed conditional use permits meets the requirements of the
City's zoning ordinance and subdivision ordinance subject to certain conditions of
approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes
hereby approves the conditional use permits based on the findings in the staff
report and subject to the following conditions of approval:
1. The comments made by the City Engineer must be addressed to his
satisfaction prior to any construction activities on the site.
2. The paving and curb required on the rear of the lot shall be completed by
June 1, 2010, and appropriate financial securities shall be submitted to the
• city to guarantee that the work is completed.
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Page 9 of 12
• 3. Hours of Operation for this use shall be limited to 7am — 7pm Monday
through Saturday and 9am — 5pm on Sunday.
4. All repair or installation work shall be completed inside the building with all
doors closed to limit impacts on the surrounding area.
5. The base conditions for the proposed uses must be met at all times. The
base conditions for Accessory, Indoor Retail Activity are:
a. Such use is accessory and related to the permitted industrial
use allowed within the LI District.
b. Such use does not constitute more than thirty(30) percent of
the gross floor area of the principal building.
6. The base conditions for the proposed uses must be met at all times. The
base conditions for Automobile and Truck Repair are:
a. 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.
b. All building materials and construction including those of
accessory structures must be in conformance with Section 3,
Subd. 4.D. of this Ordinance.
C. Not less than twenty-five (25) percent of the lot, parcel or
tract of land shall remain as landscaped green area
according to the approved landscape plan.
d. The entire area other than occupied by buildings or
structures or planting shall be surfaced with bituminous or
concrete which will control dust and drainage. The entire
area shall have a perimeter curb barrier, a storm water
drainage system and is subject to the approval of the City
Engineer.
e. All buildings shall provide an interior location for trash
handling or an enclosed trash receptacle area in
conformance with the following:
1) Exterior wall treatment shall be similar and/or
complement the principal building.
2) The enclosed trash receptacle area shall be located in
the rear or in a side yard which is not abutting a
. street.
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Page 10 of 12
3) The trash enclosure must be in an accessible location
for pick up hauling vehicles.
4) The trash enclosure must be fully screened from view
of adjacent properties.
f. All painting must be conducted in an approved paint booth.
All paint booths and all other activities of the operation shall
thoroughly control the emission of fumes, dust or other
particulated matter so that the use shall be in compliance
with the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 1-15, as amended.
g. The emission of odor by a use shall be in compliance with
and regulated by the State of Minnesota Pollution Control
Standards, Minnesota Regulations APC, as amended.
h. All flammable materials, including liquids and rags, shall
conform with the applicable provisions of the Minnesota
Uniform Fire Code.
i. All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair.
j. Off-street parking shall be in conformance with Section 3,
Subd. 5. of this Ordinance and a loading area or berth shall
be provided in conformance with Section 3, Subd. 6. of this
Ordinance.
k. All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a
form request, finds that the general welfare and public
betterment can be served by modifyin a con 'tions.
Jeff Reinert, y r
ATTEST:
artell, Cit Clerk---
Adopted by the Lino Lakes City Council this 11th day of January, 2010.
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member Gallup and upon vote being taken thereon, the following
voted in favor thereof: Roeser, Gallup, Reinert, Rafferty, O'Donnell.
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Page 11 of 12
The following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
•
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Page 12 of 12
AGENDA ITEM 6.A.i.
STAFF ORIGINATOR: Paul Bengtson
CC MEETING DATE: January 11, 2010
TOPIC: Resolution No. 10-03
Conditional Use Permits
Automobile and Truck Repair (Motorcycle Repair)
Accessory Retail Sales
'The Boarhouse' at 7317/7319 Lake Drive
BACKGROUND
The property at 7317/7319 Lake Drive is 43,584 square foot in area and is
currently developed with an 8,694 square foot building. The owner of the
building operates an Automobile Repair Shop (Don's Circle Service) out of the
majority of the building. That use was approved by the City Council via a
Conditional Use Permit on 9/22/1997.
That conditional use permit was only for a portion of the structure, so the owner
Is now requesting that another Conditional Use be approved for the remaining
portion of the building which will allow 'The Boarhouse' to relocate to Lino Lakes
from Lexington. Additionally, since some parts sales are anticipated a second
Conditional Use Permit for accessory retail activity is being requested.
A survey with grading and proposed lot improvements was submitted on
December 3, 2009. This plan sheet has not been completely reviewed by staff,
and comments will be forthcoming.
ANALYSIS
Comprehensive Plan, Land Use and Zoning: The table below identifies the
existing land use and zoning as well as guided land uses for the area.
Location Existing Land Use Guided Land Use Existing Zoning
Site Auto Body Shop Industrial Light Industrial
North Vacant Industrial Light Industrial
South Contractor Industrial Light Industrial
East Single Family Dwellings Low Density Sewered Residential R-1 (Single Family Residential)
Church Public/Semi-Public R-3 (Medium Density Residential)
West Ponding Public/Semi-Public Public/Semi-Public
Automobile and Truck Repair (Motorcycles)
The applicant has proposed to operate an Automobile and Truck Repair facility
specializing in motorcycle repair. This use requires a conditional use permit in the
LI (Light Industrial) zoning district. In addition, they would like to be allowed to
sell some accessories that they will not always be installing on site. This
proposed use of Accessory Retail Sales also requires a conditional use permit in
the LI (Light Industrial) zoning district.
According to Section 2, Subdivision 2 of the Zoning Ordinance, The Planning and
Zoning Board shall recommend a conditional use permit and the Council shall
order the issuance of such permit only if it finds the following criteria have been
met:
a) The proposed development application has been found to be consistent
with the policies and recommendations of the Lino Lakes Comprehensive
Plan.
The existing comprehensive plan guides this site for Industrial
development and the draft 2030 plan does as well. This uses
proposed will therefore be consistent with the Comprehensive Plan.
b) The proposed development application is compatible with present and
future land uses of the area.
The proposed uses are extremely similar to that which already
occurs on the site; therefore the present and future land uses of the
area should not be adversely affected.
c) The proposed development application conforms to performance
standards herein and other applicable City Codes.
Staff believes that with some improvements to the parking area, the
site will meet the performance standards required by city
regulations.
d) Traffic generated by a proposed development application is within the
capabilities of the City.
The proposed uses do not pose a significant increase in traffic
generation.
e) The proposed development shall be served with adequate and safe water
supply.
. The property was connected to city water when the fire suppression
system was installed about ten years ago.
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Page 2 of 12
f) The proposed development shall be served with an adequate and safe
sanitary sewer system.
The property has a holding tank system as the site does not have
adequate land for a treatment system and is not immediately
adjacent to sewer mains.
g) The proposed development shall not result in the premature expenditures
of City funds on capital improvements necessary to accommodate the
proposed development.
Staff cannot identify any reason why these uses would require any
capital improvements on the part of the city.
h) Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or
the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
Staff finds that there should not be any issues with the uses so long
as all activities are conducted inside the building, with all doors
closed and the hours of operation are limited to normal business
hours.
i) Will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
Staff cannot identify any natural, scenic or historic features on this
site.
In addition to those considerations, the specific conditions listed with this use are
as follows:
1. Automobile and truck repair provided that:
a. 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 building is existing, and the addition of this use to
the site will not cause any impairment or blight.
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Page 3 of 12
b. All building materials and construction including those of
accessory structures must be in conformance with Section 3,
Subd. 4.D. of this Ordinance.
The building is existing, and the exterior is not proposed
to be changed with this proposed use.
C. Not less than twenty-five (25) percent of the lot, parcel or
tract of land shall remain as landscaped green area
according to the approved landscape plan.
The site is existing, and while it does not meet this
requirement, the ponding area to the west was a part of
this site originally before being sold/swapped to the
school district.
d. The entire area other than occupied by buildings or
structures or planting shall be surfaced with bituminous or
concrete which will control dust and drainage. The entire
area shall have a perimeter curb barrier, a storm water
drainage system and is subject to the approval of the City
Engineer.
The applicant has submitted plans which are being
reviewed by the City Engineer, staff has every
confidence that a paving plan can be agreed upon and
implemented in the spring.
e. All buildings shall provide an interior location for trash
handling or an enclosed trash receptacle area in
conformance with the following:
1) Exterior wall treatment shall be similar and/or
complement the principal building.
2) The enclosed trash receptacle area shall be located in
the rear or in a side yard which is not abutting a
street.
3) The trash enclosure must be in an accessible location
for pick up hauling vehicles.
4) The trash enclosure must be fully screened from view
of adjacent properties.
The building provides ample room for trash receptacle
areas, this approval will include this requirement as a
condtion.
The Boarhouse
Page 4 of 12
f. All painting must be conducted in an approved paint booth.
All paint booths and all other activities of the operation shall
thoroughly control the emission of fumes, dust or other
particulated matter so that the use shall be in compliance
with the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 1-15, as amended.
If painting is to be accomplished on the site, the owner
of the business will be required to comply with MPCA
standards.
g. The emission of odor by a use shall be in compliance with
and regulated by the State of Minnesota Pollution Control
Standards, Minnesota Regulations APC, as amended.
The MPCA and Anoka County will both monitor and
license this use as appropriate.
h. All flammable materials, including liquids and rags, shall
conform with the applicable provisions of the Minnesota
Uniform Fire Code.
The Centennial Fire Department will work with the
applicant to confirm that they are meeting all applicable
fire codes.
i. All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair.
The site is currently used for storage above and beyond l
customer vehicles waiting for repair. This was a
condition of approval for the original CUP and will be a
condition of approval for the new CUP. As such the site
should be cleaned up immediately.
j. Off-street parking shall be in conformance with Section 3,
Subd. 5. of this Ordinance and a loading area or berth shall
be provided in conformance with Section 3, Subd. 6. of this
Ordinance.
The entire lot provides parking areas, as this use will
focus on motorcycles; the parking will be more than
adequate to serve the business.
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Page 5 of 12
i
k. All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a
form request, finds that the general welfare and public
betterment can be served by modifying the conditions.
Staff is recommending a regular review of this use to
determine if any modifications are necessary.
2. Accessory, indoor retail, rental, or service activity other than that
allowed as a permitted use or conditional use within this section,
provided that:
a. Such use is accessory and related to the permitted industrial
use allowed within the LI District.
The proposed Conditional Use Permit for Automobile
and Truck Repair would establish that as a permitted
use on the site, and sales would be restricted to the
accessories related to motor vehicles.
b. Such use does not constitute more than thirty (30) percent of
. the gross floor area of the principal building.
As no floor plan was submitted, staff recommends a
condition of approval that restricts the sales area to no
more than 30 percent of the lease space.
ADDITIONAL BACKGROUND
Staff contacted both the City of Lexington and the Centennial Lakes Police
Department, and neither organization had any records of zoning/ordinance
violations related to this business at its current location.
•
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Page 6 of 12
PLANNING AND ZONING BOARD
On December 9, 2009 the Planning and Zoning Board voted unanimously to
recommend approval of this Conditional Use Permit request.
RECOMMENDATIONS
The finding of facts, along with the following conditions supports approval of the
requests:
1. The comments made by the City Engineer must be addressed to his
satisfaction prior to any construction activities on the site.
2. The paving and curb required on the rear of the lot shall be completed by
June 1, 2010, and appropriate financial securities shall be submitted to the
city to guarantee that the work is completed.
3. Hours of Operation for this use shall be limited to 7am — 7pm Monday
through Saturday and 9am — 5pm on Sunday.
4. All repair or installation work shall be completed inside the building with all
doors closed to limit impacts on the surrounding area.
5. The base conditions for Accessory Indoor Retail Activity must continue to
be met. (Conditions listed out in Resolution)
6. The base conditions for Automobile and Truck Repair must continue to be
met. (Conditions listed out in Resolution)
ATTACHMENTS
• 1. Zoning Map of surrounding area
2. Resolution No. 10-03
3. Certificate of Survey submitted December 3, 2009
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LOCATION AND ZONING MAP
ON
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POST RC
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Copyright SEH2#d3 ; 01 111 ft''
•
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TOPOGRAPHIC SURVEY w/ -for-Danes Circle Service
Proposed Curb and Bituminous Plan MI?Lake
Lino651-
Lakes.Mn.55014
Phone:651-785-2181 GRAPHIC SCALE
GENERAL NOTES
- F.1d survey ww mnpleted by E.G Rud and Sons.I m on 11/23/09.
- Beark,ge eh—are on-—ed datum. � a •8ne
- Crrb shots om token of the top and bock of Erb. y, �"� y Mr— .
- This survey we Prepared without the benefit of Otte wank. A&6& ,
AddRlond eosaments.resWelime-d/a aloLmhraocee may eslet
other then those shown hereon. Survey wbjed to nnbi n upon /f / +�•
retxtpt of a--Ititle rarmmllmmt aon otlameys Utk opinion.
- Let area per found.--tell--43,58Mf(1.0 Acree)
Pie/17-31-22-33-00e9 k$'► i aW '� .'� a .g�• /
1k
t diiF / ��q,°` ..4,1` � _ bra• ` 42
LEGEND ,t^��qq _ _ m • " /
• J
Denotes Existing Dra.M t / Eo• ) ;°047.
"
Denotes Existing Bituminous t
Denotes Proposed E/ewtim. 4 4� ci'ea-oa�n '
Denotes Dkeetton of Drainage
• Denotes Iron Monument Found Me
Denotes Storm Sewer Manhole f
Denotes Storrn Sewer / �,.a./�� �3 _._� ._a , - p '•i � r ."�,lr 3
—+—+— Denotes Existing Fence
>
CONSTRDCTlON NOTES \ ,® �� w; e• u� •- j
^
ALL PROPOSED CURB TO BE 11PP OUT.
.--- m PROPOSED CURB-ARE AT-TP OUT.
E
PROPOSE CURB TO MATCH DGSTING AS GLOSSAS POSSIBLE AND
VARMED 97H OWWL SEE DETAIL - ••r \
- APPROVE GRANULAR SUBBASE AS DETERMINE BY GEOTECNNICAL I$Y
APPROVED AGG.BASE MATERIAL AND THICKNESS AS DETERMINE BY t
GEOTECINICAL ENGINEER. •=•vi•- �. r•
3-BITUMINOUS WEAR COURSE TO BE INSTALLED. �•� - "` r4e- a-._ �,.:'-�`•++`i3
PROPOSE ELEVATIONS IN PARKING ARE TO FORSN GRADE ` -
BACK OF CURB 6 SET AT S'FROM PROPERTY LINES(per dty cede)• b ps y J b3
BA
CKFlLL CURB AS NEEOID.
NO STRIPING PROPOSED. ~ •�w .. - .� u, e- _ D�O�
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a report wen prepared by ma or under ..i� -t"'
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Professional Land Surveyors army On.a =01001R) Yn i:. <:•,
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Lino Lakes,MN 55014 Ka MR: acsus-noY er
TeL(651)361-82D0 Fax(651)361-8701 . veieee nosy o rn
Record ID 2295716
"KE
CITY OF LINO LAKES
CERTIFICATION
RESOLUTION NO. 10-03
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
CITY OF LINO LAKES)
2014011 . 007
1, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State
of Minnesota, certify that I have examined the attached copy of Resolution No. 10-03, Approving
conditional use permits for an automobile repair facility at 7317 and 7319 Lake Drive, approved
by the City Council on January 11, 2010, and have carefully compared the same with the original
on file in this office and that the attached copy is a true, correct and complete copy of the
original.
IN WITNESS WHEREOF, I have signed and affixed the
city seal on February 10, 2010.
City Cler
600 Town Center Parkway, Lino Lakes,MN 55014
Phone: 651-982-2400 Fax: 651-982-2499
Council Member Roeser introduced the following resolution and moved
its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10-03
RESOLUTION APPROVING CONDITIONAL USE PERMITS FOR AN
AUTOMOBILE REPAIR FACILITY WITH ACCESSORY RETAIL SALES TO
ALLOW A MOTORCYCLE REPAIR BUSINESS AT 7317 & 7319 LAKE DRIVE.
WHEREAS, the City has received an application for conditional use permits for
an automobile and truck repair facility and for accessory, indoor retail activity for
property currently described to-wit:
THAT PRT OF SW1/4 OF SW1/4 OF SEC 17TWP31 RGE22
DESC AS FOL: BEG AT INTER OF S LINE OF N 300 FT OF SD
1/4 1/4 & WLY R/W LINE OF LAKE DR, TH S 25 DEG 20 MIN 49
SEC W, ASSD BRG, ALG SD R/W LINE 127.34 FT, TH N 64 DEG
39 MIN 11 SEC W 272.63 FT, TH N 25 DEG 20 MIN 49 SEC E 160
FT, TH S 64 DEG 39 MIN 11 SEC E 272.63 FT TO SD WLY R/W
LINE, TH S 25 DEG 20 MIN 49 SEC W ALG SD WLY RAN LINE
32.66 FT TO POB, (AKA PRT OF LOTS 1 & 2 AUD SUB NO 54),
SUBJ TO EASE OF REC
and
WHEREAS, at their meeting on December 9, 2009, the Planning & Zoning Board
conducted a public hearing and recommended approval of the conditional use
permits subject to the conditions listed in the meeting minutes; and
WHEREAS, the proposed conditional use permits meets the requirements of the
City's zoning ordinance and subdivision ordinance subject to certain conditions of
approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes
hereby approves the conditional use permits based on the findings in the staff
report and subject to the following conditions of approval:
1. The comments made by the City Engineer must be addressed to his
satisfaction prior to any construction activities on the site.
2. The paving and curb required on the rear of the lot shall be completed by
June 1, 2010, and appropriate financial securities shall be submitted to the
city to guarantee that the work is completed.
The Boarhouse
Page 9of12
3. Hours of Operation for this use shall be limited to 7am — 7pm Monday
through Saturday and 9am — 5pm on Sunday.
4. All repair or installation work shall be completed inside the building with all
doors closed to limit impacts on the surrounding area.
5. The base conditions for the proposed uses must be met at all times. The
base conditions for Accessory, Indoor Retail Activity are:
a. Such use is accessory and related to the permitted industrial
use allowed within the LI District.
b. Such use does not constitute more than thirty (30) percent of
the gross floor area of the principal building.
6. The base conditions for the proposed uses must be met at all times. The
base conditions for Automobile and Truck Repair are:
a. 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.
b. All building materials and construction including those of
accessory structures must be in conformance with Section 3,
Subd. 4.D. of this Ordinance.
C. Not less than twenty-five (25) percent of the lot, parcel or
tract of land shall remain as landscaped green area
according to the approved landscape plan.
d. The entire area other than occupied by buildings or
structures or planting shall be surfaced with bituminous or
concrete which will control dust and drainage. The entire
area shall have a perimeter curb barrier, a storm water
drainage system and is subject to the approval of the City
Engineer.
e. All buildings shall provide an interior location for trash
handling or an enclosed trash receptacle area in
conformance with the following:
1) Exterior wall treatment shall be similar and/or
complement the principal building.
2) The enclosed trash receptacle area shall be located in
the rear or in a side yard which is not abutting a
street.
The Boarhouse
Page 10 of 12
3) The trash enclosure must be in an accessible location
for pick up hauling vehicles.
4) The trash enclosure must be fully screened from view
of adjacent properties.
f. All painting must be conducted in an approved paint booth.
All paint booths and all other activities of the operation shall
thoroughly control the emission of fumes, dust or other
particulated matter so that the use shall be in compliance
with the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 1-15, as amended.
g. The emission of odor by a use shall be in compliance with
and regulated by the State of Minnesota Pollution Control
Standards, Minnesota Regulations APC, as amended.
h. All flammable materials, including liquids and rags, shall
conform with the applicable provisions of the Minnesota
Uniform Fire Code.
i. All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair.
j. Off-street parking shall be in conformance with Section 3,
Subd. 5. of this Ordinance and a loading area or berth shall
be provided in conformance with Section 3, Subd. 6. of this
Ordinance.
k. All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a
form request, finds that the general welfare and public
betterment can be served by modifyin a con 'tions.
Jeff Reinert, y r
ATTEST:
C4artell, Cit Clerk
Adopted by the Lino Lakes City Council this 11th day of January, 2010.
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member Gallup and upon vote being taken thereon, the following
voted in favor thereof: Roeser, Gallup, Reinert, Rafferty, O' Donnell.
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Page 11 of 12
The following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
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Page 12 of 12
ANOKA COUNTY NUINNESOTA
Document No.: 2014011.007 .=ABSTRACT
I hereby certify'that the within instrument«as filed in this
office for record on: 03'24/2010 10:51:00 AM
Fees Taxes In the Amount of: $46.00
MAUREEN J. DE`TINE
Anoka County Property Tax
AdministratorRecorder Registrar of Titles
AMS, Deputy
Record ID: 2295716