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HomeMy WebLinkAbout2010-064 Council ResolutionCouncil Member n' nonnel 1 moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 10 -64 RESOLUTION DENYING A COMPRHENSIVE PLAN AMENDMENT, REZONING, AND CONDITIONAL USE PERMIT FOR AN OUTDOOR SALES LOT AT 909 MAPLE STREET. WHEREAS, KI Auto operates an existing automobile body repair shop at 909 Maple Street, which was approved via Conditional Use Permit in 1991, and; WHEREAS, the legal description of the property is The East 100 feet of the West 1600 feet of the North Half of Lot 4, AUDITOR'S SUBDIVISION NO. 138, Anoka County, Minnesota and; WHEREAS, the addition of an outdoor automobile sales lot is proposed on the site, which require a conditional use permit, a rezoning to general business, and a comprehensive plan amendment to change the land use designation of the site to commercial, as stated in the zoning ordinance and comprehensive plan; and WHEREAS, the City Council makes the following findings: 1. The City is in the midst of reviewing the 2030 Comprehensive Plan, which is both mandated, and must be formally accepted, by the Metropolitan Council before the City Council can adopt the plan and put it into affect. 2. The Metropolitan Council has informed the city that it will not review any comprehensive plan amendments until the 2030 Comprehensive Plan is adopted. 3. The subject site is outside of the MUSA boundary, is not serviced by municipal water and sewer, and is nearly one mile away from the nearest trunk connection. KI Auto Page 19 of 22 4. Section 7, Subdivision 3 of the zoning ordinance, which is titled `GB, General Business', includes the following statement: "No new land shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available." 5. The use `Outdoor Sales Lot' is only allowed in the GB, General Business zoning district. NOW, THEREFORE, BE IT RESOLVED that, based on the findings, the City Council denies the application for a comprehensive plan amendment, rezoning and conditional use permit for the purpose of adding an outdoor sales lot to the existing auto repair shop at 909 Maple Street. Adopted by the Lino Lakes City Counci ATTEST: ell, City Cle Adopted by the Lino Lakes City Council this 26thth day of July 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Rafferty, Gallup, Roeser, Reinert The following voted against same: none I Reiner , ayo' , 2010. Whereupon said resolution was declared duly passed and adopted. • KI Auto Page 20 of 22 • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.A. Paul Bengtson July 26, 2010 i. Resolution No. 10 -64, Denying a Comprehensive Plan Amendment to Commercial, Rezoning to General Business, and a Conditional Use Permit for Outdoor Sales Lot (Auto) ii. Resolution No. 10 -65, Denying a Variance to allow expansion of a non - conforming structure and a reduced front setback for an addition to the existing structure at 909 Maple Street. The property at 909 Maple is 13,393 square foot in area and is currently developed with a 3,057 square foot building that is occupied by an Auto Body Repair Shop. The metal building on the site was approved via a Conditional Use Permit in 1983. This Conditional Use Permit was then amended in 1991 to allow the operation of an automotive body shop in the existing building. The applicant is now requesting to add automobile sales to the property, while still maintaining the main use of the site as an automotive body shop. This will require that the Comprehensive Plan's future land use designation for the property be changed from Low Density Sewered Residential to Commercial, the Zoning be changed from R (Rural) to GB (General Business), and an Outdoor Sales Lot Conditional Use Permit be approved by the City Council. This is a similar request to that made by the applicant in February of 2009, and withdrawn before City Council action; the difference being the inclusion of a Variance request to allow expansion of the non - conforming structure. 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. Site Auto Body Shop Low Density Sewered Residential Rural North Residential Sand Blasting Low Density Sewered Residential Rural General Business South Residential Low Density Sewered Residential Rural East Vacant Low Density Sewered Residential Rural West Residential Low Density Sewered Residential Rural • In order to make the review of this request easier, the staff report is broken into 6 sections. • Section 1 Comprehensive Plan This section covers the land use designation request, and the issue of timing as related to the 2030 Comprehensive Plan. Section 2 Zoning This section covers the rezoning request. Section 3 Conditional Use Permit — Outdoor Sales Lot This section covers only the new request to add outdoor sales of automobiles to the site. It lists the findings that must be made for a Conditional Use Permit and the conditions specific to the use of 'Outdoor Sales Lot'. Section 4 Conditional Use Permit — Existing CUP for Automobile Repair This section covers only the existing use on the site, as allowed by the Conditional Use Permit 91 -01. The conditions of that approval are listed, and reviewed. Section 5 Conditional Use Permit — Automobile Repair (current ordinance) This section reviews the current ordinance requirements for Automobile and Truck Repair (including body shop). The zoning ordinance requires that a site be brought into compliance with the current ordinance when there is a change of use on that site. The proposed addition of automobile sales means the use on the site has changed and it is appropriate to impose all performance standards of the zoning ordinance on the site. Section 6 Variances — Non conforming structure expansion /front setback This section covers the proposed expansion of a building (addition of an enclosed entry area), which is considered non - conforming to a number of city requirements and the reduction of the front setback. KI Auto Page 2 of 22 • • • For the purpose of reviewing the land use request, a map depicting the land use designations of the surrounding area is attached at the end of the report. The site is currently designated by the Comprehensive Plan for Low Density Sewered Residential. Commercial development is not allowed within that Comprehensive Plan designation. As previously mentioned, the site received an Amended Conditional Use Permit that allowed the existing automotive body shop to operate on the site. As this type of use would not be allowed today in the Low Density Sewered Residential areas of Lino Lakes, it is considered a non- conforming use of the property. The applicant is proposing to operate an Outdoor Sales Lot for the sales of automobiles. That use is only listed as a permissible use (via Conditional Use Permit) under the General Business zoning district. The General Business zoning district is only allowed in areas guided Commercial by the Comprehensive Plan. The current draft of the 2030 Comprehensive Plan indicates the subject property as being changed to Commercial; however this is still a `draft' document as it has not been approved by the City Council. Furthermore, the Metropolitan Council has informed the City that it will not review Comprehensive Plan Amendments until the update has been fully approved and adopted. The applicant was informed of this issue, but wished to proceed with this application. Staff would recommend that no changes be allowed to occur on the site until the 2030 Comprehensive Plan is fully approved and adopted. KI Auto Page 3 of 22 • • • For the purpose of reviewing the rezoning request, a map depicting the zoning of the surrounding area is attached at the end of the report. The site is currently zoned R (Rural), and commercial development is not allowed within that zoning district. Again, the Amended Conditional Use Permit approved the use of the existing building as an automotive body shop. As this type of use would not be allowed today in the R (Rural) zoning district, it is considered a non- conforming use of the property. The city's business zoning districts include Neighborhood Business, Limited Business, and General Business. These districts allow a range of commercial uses, and increase in intensity with General Business allowing the most intense. The applicant is proposing to operate an Outdoor Sales Lot for the sales of automobiles, and that use is only listed as a permissible use (via Conditional Use Permit) under the General Business zoning district. The purpose of the General Business zoning district is defined in the ordinance as follows: There are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers' needs. No new land shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. The subject site is outside of the MUSA boundary area, and the nearest city utilities are approximately 4,500 feet south of the site at the intersection of Lake Drive and Main Street. The site is surrounded on two sides by properties that are zoned, guided, and developed with single family homes. As such, staff is recommending that this portion of the request be denied and the site be examined further to determine what zoning district is most appropriate for the site. As for the findings that need to be made to support a rezoning, the zoning ordinance lays out the following for consideration by the Board: KI Auto Page 4 of 22 • The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. For this rezoning to be consistent, the proposed land use amendment, or the 2030 Comprehensive Plan would need to be adopted by the City Council and accepted by the Metropolitan Council. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is adjacent to properties that are guided, zoned, and developed with single family dwellings. The General Business zoning district allows the most intensive commercial uses under the zoning ordinance. As this site has no room for buffering of the residential uses, one of the other commercial zoning districts would be more appropriate. 3. The proposed use conforms with all performance standards contained herein. The site is currently deficient in regards to several of the conditions of the existing conditional use permit, including the lack of pollution control measures, the lack of a curb along the west side of the building, and the lack of a hood on the exterior lighting. The addition of auto sales would also push them well below the parking requirements of the ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. As the site is not served by city utilities, it will not overburden the city's service capacities in that regard. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Maple Street is not developed to an urban street standard. It does not have curb and gutter and is only 22 feet in width. While this can handle the traffic of the two businesses and 9 homes that are present on Maple Street, it is not conducive to adding additional commercial uses. Additionally, all on- street parking is actually occurring on pervious surfacing that may be allowing pollutants to permeate the soil. KI Auto Page 5 of 22 • • • The applicant has proposed to operate an outdoor automobile sales lot in conjunction with the existing automotive body shop business. This use requires a conditional use permit in the GB (General Business) 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 designates the site for Low Density Sewered Residential development. The applicant is requesting, and the 2030 Comprehensive Plan currently proposes, that the site be guided for Commercial development. The Comprehensive Plan includes Commercial Policies that require adequate and appropriate landscaping according to community requirement and from adjacent residential development. The Commercial section of the Development Framework specifically discusses the commercial areas of the city that are surrounded by residential land uses. In such occasions the property is required to be `designed to compatibly coexist with adjoining residential areas'. The comprehensive plan calls these `Neighborhood Commercial' areas, which would coincide with the less intensive zoning district title `Neighborhood Business'. b) The proposed development application is compatible with present and future land uses of the area. The site is surrounded on two sides by property that is guided, zoned and developed with single family residential. c) The proposed development application conforms to performance standards herein and other applicable City Codes. The site would require 19 parking spaces to operate in the manner described by the applicant. Only 14 spaces are shown on the submitted site plan. Below is a calculation of the parking requirements under today's ordinance. This was calculated on the most liberal basis possible, counting each garage door as a single bay and counting the land area required by the conditional use permit (1,900 square feet) and a 100 square foot estimate for office. KI Auto Page 6 of 22 • Use Requirement Factor Spaces Auto Repair 2 spaces per bay 5 bays 10 Auto Sales 4 per 1,000 sf of sales area, plus 1 per 2,000 sf of land area. 2,000 sf 9 Total Spaces Required 19 Spaces Provided 14 d) Traffic generated by a proposed development application is within the capabilities of the City. The site is deficient in parking spaces, and the city is already aware of on- street parking issues even without the necessity of parking spaces associated with automobile sales. e) The proposed development shall be served with adequate and safe water supply. The site has an onsite well, and city utilities are not in the area. • f) The proposed development shall be served with an adequate and safe sanitary sewer system. • g) The site has an onsite septic system, and city utilities are not in the area. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The city has no immediate plans to provide city utilities in the area; however a need for utilities has already been demonstrated in the area. 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. Automobile sales should not increase these issues over the existing auto body shop. KI Auto Page 7 of 22 • i) Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The property is not believed to have any potential impact on natural, scenic, or historic features of the city. In addition to those considerations, the specific conditions listed with the Outdoor Sales Lot are as follows: Outdoor sales lots (not outdoor storage) provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.Q of this Ordinance. While the site is fenced as required by the zoning ordinance, it does not include much in the way of plantings. The City Council may waive plantings due to grade constraints, however that is not an issue on this site. b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. The building on site is large enough to meet this requirement, even though only a small office at the front of the building is intended to be used for the sales operation. c. The entire sales lot and off - street parking area is paved. The submitted plans depict paving for the entire off - street parking area and the area designated as the `sales lot'. d. For motor vehicle sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. The plans show 1,900 square feet of sales area designated in the southwest portion of the parking lot. This would allow up to 5 cars to be displayed on the site at one time. e. A perimeter curb is provided around the sales /parking lot. The submitted plans depict curb existing in some areas, and to be added in other areas. The applicant has requested that these improvements be allowed to occur when weather allows. KI Auto Page 8 of 22 • f. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subdivision 4.F of this Ordinance. g. • • The light on the southwest corner of the building does not appear to meet this requirement and must be corrected regardless of the outcome of this application. The applicant is not proposing any additional lighting. Materials for sale shall be displayed in an orderly manner and shall not constitute junk as defined by this Ordinance. Due to the size of the site, staff would recommend that no outside storage or display be allowed with the exception of the 5 vehicles for sale. This should not be an issue as vehicles waiting to be repaired do not constitute outside storage. KI Auto Page 9 of 22 • • As previously mentioned, the site has an existing Conditional Use Permit that originally allowed the construction of a metal building in 1983, and then through a 1991 amendment also allowed an automotive body shop to occupy the property. The applicant is proposing to change the use on the site by adding an automotive sales lot. It is therefore appropriate to review the existing Conditional Use Permit to determine if all conditions have been met, and if the proposed expansion of use necessitates amendment to the existing conditional use permit. As such, below are the conditions placed on Conditional Use Permit 91 -01: Conditions Placed On This Amended Conditional Use Permit: 1. Remove the present wood fence. Replace it with a six foot high board on board bend, 1) observing the front property line, and 2) extending the entire length of the side lot lines. The fence indicated on the site plan satisfies this condition. 2. Downsize the driveway to 26 feet. Replace the gates across the driveway and remove the advertising sign from the gate. The new gate should swing in and not into the street right -of -way. The driveway was reduced, a sliding /rolling gate has been added to the site, and there is no sign on the gate /fence. 3. One professionally constructed sign should be permitted on the building meeting all requirements of the city's sign ordinance. The building has one sign on the south elevation that is in conformance with the sign ordinance. 4. The dumpster should be removed from the front of the building and located in the southwest corner of the property. The dumpster was relocated, but is not shown on the site plan. 5. Clean the site of all windows, timbers, panels, metal, tires, and other material. All of the materials indicated in this condition were removed from the site. 6. Install the asphalt driveway and parking area as shown on the 1983 conditional use site plan. The 1983 CUP site plan depicted a small asphalt parking area adjacent to the building. Since the approval the site was developed with an asphalt parking area that exceeded that shown in 1983. KI Auto Page 10 of 22 • • 7. Locate a curb on the west side of the building to protect the metal exterior from automobile traffic. There is not a curb along the west side of the building. This will need to be corrected regardless of the outcome of this application. 8. Remove the recently erected 10 X 12 metal storage shed. There is not an accessory building /shed on the site. 9. All areas not covered with asphalt are to be seeded to grass. The site does have grass planting areas. 10. No outside storage of car bodies, frames, fenders, hoods, or "junked cars" is to be permitted. While this has been an issue in the past, one that staff has had to address with the property owner on a number of occasions. 11. The unlicensed vehicles at the site are to be moved inside or removed from the property. Again, while this has been an issue in the past, one that staff has had to address with the property owner on a number of occasions. 12. All outside lighting is to be hooded so no glare falls on the adjacent residential area. There is a light on the southwest corner of the building that does not appear to meet this requirement. This will need to be corrected regardless of the outcome of this application. 13. All other applicable requirements of the 1983 conditional use permit (as determined by the city's building inspector) are to be implemented. The 1983 CUP was for the construction of a metal building for the storage of items associated with the auto repair shop to the north of the site. That use ceased, and the subject property was eventually allowed to be used as an auto body shop in 1991. As such, the conditions of the 1983 CUP have little to do with the use of the site as it is today. KI Auto Page 11 of 22 • • • 14. The applicant must apply for all appropriate permits for previous improvements that were not paid for originally. It is believed that all permits have been obtained appropriately for improvements done to the site prior to this CUP being issued and since that date. 15. The city's building official will inspect the site in 60 days to be sure that all of the requirements have been completed. The CUP could be denied if all requirements are not completed. The site was inspected and the majority of the conditions were met at that time. Therefore the CUP was considered valid. 16. Four customer parking spaces will be allowed, two company parking spaces, and two personal parking spaces will be allowed. This is considered to be the parking requirements placed on the auto body use of the entire building /site. These were met by the 14 spaces shown on the site plan. KI Auto Page 12 of 22 • As this request would change /intensify the use of the site, all uses of the site must be brought into conformance with today's ordinances and regulations. As such, the conditions of approval for an Automobile Repair Shop under today's ordinance are as follows: Automobile and truck repair (includinq body shops) 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. As this is an existing site, it is difficult to impose this condition. b. 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 site has bituminous surfacing and the plans include a curb barrier. However, the city has been made aware that there are existing issues with pollution control on the site. The EPA and Anoka County have been attempting to enforce pollution control measures on the site for an extended period of time and do not feel that appropriate steps have been taken. The largest concern is the control of pollutants in the stormwater run off from the parking area. Steps must be taken to separate pollutants from the water before it is allowed to leave the site. The drainage plan submitted by the applicants might help focus the run off and allow for easier filtration, but a firm plan for the filtration and maintenance of that system must be identified. c. 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. KI Auto Page 13 of 22 • The site does not have a trash enclosure designated on the plans. This would likely lead to the removal of parking spaces as the location of the trash enclosure and an accessible route will take up a great deal of the existing parking area. d. 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 particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1 -15, as amended. This is a standard requirement under the MPCA, and will be enforced on an ongoing basis in cooperation with that organization. e. 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. This is a standard requirement under the MPCA, and will be enforced on an ongoing basis in cooperation with that organization. f. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. g. This is a standard requirement of the Fire Code, and will be enforced on an ongoing basis in cooperation with the Centennial Fire Department. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. Again, due to the size of the site, staff would recommend that no outside storage or display be allowed with the exception of the 5 vehicles for sale. This should not be an issue as vehicles waiting to be repaired do not constitute outside storage. h. 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 by modifying the conditions. The City Council should review this Conditional Use on an annual basis to determine if any modifications must be made. KI Auto Page 14 of 22 • The applicant received approval to attach an `eyebrow' roof structure on the building that does not have support posts and therefore is essentially just a roof overhang and not an expansion of the building. At that time the applicant also partially installed an enclosed entry feature on the building. This was done without a permit and after the Building Official informed the applicant that a permit was required. The current installation does not meet building code requirements. The attached `Reference Plan', sheet S1, depicts the location of the `new entry'. The notes on the plan were written by the Building Official prior to issuing the permit for the eyebrow roof addition to the `pole barn building'. The building (and site) is considered non - conforming because it is setback 24.8 feet from Maple Street, where 30 feet is required and it is 1.4 feet from the rear property line where 30 feet is required. Additionally, the building itself does not conform to the architectural standards for Commercial /Industrial /Institutional Buildings. According to the ordinance, the structure is allowed to remain on the site but may not be expanded. The non - conforming section of the ordinance is depicted below: • Subd. 2. Non - Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non - conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non - conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non - conforming uses shall be eventually brought into conformity. B. Provisions. 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year; or b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of KI Auto Page 15 of 22 • • when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. 1. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. 2. Notwithstanding paragraph (1), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Staff has made an official determination that the proposed entrance addition is above the ordinance limits in regards to expansion of a non - conforming structure. If the Planning and Zoning Board and City Council agree with this determination, a Variance would be required in order to allow this expansion. The findings required in order to approve a Variance are as follows: Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing building has been operating as an auto body repair shop for a number of years without the proposed addition. The addition is tied to the desire to serve customers of the proposed auto sales lot, which according to staff recommendations should be denied. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The land owner's desire to expand his non - conforming building on a standard, rectangular lot is what is creating the inability to meet the ordinance requirements. KI Auto Page 16 of 22 • • 3. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Staff considers reasonable use of the property to be continued use of the site as an auto body repair shop. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The ordinance does not allow expansion of non - conforming structures anywhere in the city, and approving an expansion of this non - conforming structure would grant a special privilege to this applicant. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The intent of the non - conforming section of the ordinance is to bring all non - conforming uses and buildings into conformance with the ordinance over time. Allowing expansion of non- conforming uses or structures will only serve to prolong the timeline for conformity. PUBLIC NOTICE A public hearing notice was printed in the Quad Community Press on June 29, 2010, and direct mailings were sent out to 49 property owners within 600 feet of the subject site on June 28, 2010. PLANNING AND ZONING BOARD On July 14, 2010 the Planning and Zoning Board held a public hearing and after discussion voted to recommend denial of the requests. KI Auto Page 17 of 22 • RECOMMENDATION Comprehensive Plan Amendment The city is in the middle of a very thorough review and update of the Comprehensive Plan. At this point the draft update guides this site and some of the surrounding area as Commercial. The information that has been submitted, this staff report, or the input of residents might trigger a closer review of this area, but because of the timing of this request staff recommends denial of the Comprehensive Plan Amendment. Rezoning This site is adjacent to single family residential dwellings and the existing use is already causing compatibility issues with the neighborhood. Allowing intensification by way of the permitted and conditional uses allowed in the General Business district will potentially make the situation worse. Upon final approval and adoption of the 2030 Comprehensive Plan, the city will need to review the zoning ordinance and map to ensure compatibility with the updated plan. Until that time, staff recommends denial of the request to rezone the property at this time. Conditional Use Permit As the proposed Conditional Use would increase the non - conformity of this property and the incompatibly with the surrounding area, staff recommends denial of the Conditional Use Permit for an outdoor sales lot. Variance Per the findings made in the body of the report, staff recommends denial of the Variance request and immediate removal of the offending improvements to the building. ATTACHMENTS 1. Resolution No. 10 -64 2. Resoltuion No. 10 -65 3. Zoning Map of surrounding area 4. Land Use Map of surrounding area 5. Reference Plan (entry addition) submitted June 11, 2010 6. Site Photos submitted at July 14, 2010 P & Z meeting 7. 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Iry • err C = COMMERCIAL • SCOPE REVIEW OF AN EXISTING EYEBROW ROOF CONSTRUCTED ONTO THE SIDE OF A TIMBER POLE BUILDING, AS WELL AS DESIGN OF A SIMILAR ROOF SYSTEM ONTO THE ADJACENT CONCRETE MASONRY BLOCK BUILDING, WITH THE POTENTIAL TO CONNECT THE TWO LOW ROOF ELEMENTS. CONSTRUCTION IS TO BE DONE IN ACCORDANCE WITH THESE DRAWINGS, STANDARD INDUSTRY PRACTICE, AND THE REQUIREMENTS OF THE CODE. NOTES 1. THESE DOCUMENTS APPLY TO STRUCTURAL ONLY. ARCHITECTURAL ITEMS INCLUDING FLASHING, MATERIAL PROTECTION, AND INSULATION ARE BY OTHERS, AS WELL AS REVIEW OF PROPERTY RESTRICTIONS THAT COULD PREVENT THE CONNECTING OF ROOF ELEMENTS BETWEEN BUILDINGS. 2. A SITE VISIT WAS PERFORMED BY TREVOR AXNER, PE SE OF ULTEIG ON MAY 19, 2010 TO REVIEW EXISTING CONDITIONS. ONLY EXPOSED ELEMENTS AND THOSE WHERE FINISHED MATERIALS HAD BEEN REMOVED WERE OBSERVED DURING THIS VISIT. CONTACT ULTEIG IF CONDITIONS VARY FROM THOSE SPECIFIED WITHIN THIS DOCUMENT. 3. ADEQUATE SHORING DURING CONSTRUCTION IS THE RESPONSIBILITY OF THE CONTRACTOR. MATERIALS LUMBER: SPRUCE - PINE -FIR #2 GRADE (SPF) LOADS ROOF SNOW LOAD: ROOF DEAD LOAD: 35 PSF 10 PSF CODES 2007 MINNESOTA STATE BUILDING CODE w/ AMENDED 2006 IBC EXISTING EYEBROW ROOF THIS END 3' -0" POLE BARN BUILDING Z b.,,♦ „y 13' -0” MAX. f% BETWEEN Lio POSTS 41!o«'& 42' -0 "± EYEBROW CONNECTING ELEMENT TO BE CONSTRUCTED SIMILAR TO. 1/S3 w/ 91/2" LVL VERTICAL BEAM AND (2) 2 x 10 HORIZONTAL BEAMS END POST SUPPORT TO BE DETERMINED BASED ON APPROVAL TO CONNECT BUILDINGS 17' -0 "± CMU BUILDING I,1, (� �— �,.� t- l vcS.o c� t)� a2ri REFERENCE PLAN AT EYEBROW ROOF LOCATIONS RECEIVED lr l 2010 CITY OF LINO LAKES Rev Date Eyebrow Roof Addition 909 Maple Street Lino Lakes, MN 55014 Project: Designed By: Ryan Mack K. I. Auto 909 Maple Street Lino Lakes, MN 55014 Client: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and -that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Date: 6 -2 -10 License Number: 45470 Signed: Print Name: Trevor`Axner Project Number: Drawing Date: Sheet: 10.01163 s June 201 2010 1 of 3 5201 East River Rd Suite 308 Minneapolis, MN 55421 Tel 763- 571 -2500 Fax 763 -571 -1168 www,ulteig.com © COPYRIGHT ULTEIG ENGINEERS INC. 2010 SITE PLAN, GRADING PLAN and UTILTITY PLAN -for- K.I. AUTO BODY 909 Maple Street Lino Lakes, MN. 55014 Tel: 651 - 784 -2367 PROPERTY DESCRIPTION : The East 100 feet of the West 1600 feet of the North Half of Lot 4, AUDITOR'S SUBDIVISION NO. 138, Anoka County, Minnesota. MSc SITE NOTES • PROPOSED STRIPING OF FIVE 9' BY 20' FOOT PARKING SPACES FOR VEHICLE SALES. EXISTING BITUMINOUS AREA EXISTS ON SITE FOR 9 ADDITIONAL STALLS. • • • SHOWN IS 380sf OF SALES AREA FOR EACH OF 5 PARKING SPACES (380x5 =1900sf). SEE HATCHED AREA. PROPOSED ROLED BITUMINOUS CURB (OR CITY APPROVED EQUIVELANT) TO BE PLACES AT ALL NON— CURBED EDGES OF THE EXISTING BITUMINOUS SURFACE AREA. EXISTING DRAINAGE TO REMAIN SAME AS CURRENTLY DRAINING. NO CHANGE TO DRAINAGE PATTERN PROPOSED. NO CHANGE IN IMPERVIOUS SURFACE AREA PROPOSED. • NO CHANGES TO ANY UTILITIES PROPOSED FOR THIS PLAN. VICINITY MAP PART OF SEC. 4, TWP. 31, RNG. 22 1' "1$ u °ersfLraR FENCE -LL / \,?1% 911.85 FAME -CL (Rural Zoning) �4 ' (Zoned Genera Baetne0 6 KO END-Cl. x -x_. FENCE R` x 3 891 U66 FENCE UNE C8121_ 111.e °11.76 r 911.89 al ON - 412:58. Vol,'" 2.5' NW 086-- BE °OC63COR . ?a" 910(99 ............... . (Rural Zoning) • iND -RERAR 809 1DGCOR ,.... 11%27 J 1 / Existing Bituminous Surface `.qq 9005 I - ay'f VACY FENCE. 'CHIA uNK 0.1 MG' U� 10010 0 , pipgg,, ggpp99�,,a: f. -' EFIITJ2 EDn79 &x 4 Bituminous Surface No curb': and .utter 30' ROAD EASEMENT.:., PERCOUNIY NALF SECTION MAPPING _. • 6699.00 R 4 90960 ERDOC rtO 3 z FEN s100.10&a75 N89°53'05 "W 90982053 ' AVSTASPIS 909.18 ENT E.G. RUD & SONS, INC. En 1M Professional Land Surveyors 1NW1N.egud.com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 • rNI r Vi i 1 - L. L - (Rural Zoning) EET31.3T rt r- r- i i J~ 1-• 1 L -L- DRAWN BY.: DWO JOB N0: 08523LS DATE: 01/ 2/09 CHECK BY: DWO SCANNED CZ 3 NO. DATE DESCRIPTION BY 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am a dui Registered Land Surveyor under the s of the Sto e o Minnesota. DANIEL W. OBERMILLER Dote: /// a /o 9 License No. 25341 �A�A �NNESO ,�'�; !t•,,......- .7'q'} DANIEL W. :^ OBERMILLER -_ 1 25,91 . SURV „,`,, DENOTES 1900sf SALES AREA. • PROPOSED PROPOSED ROLED BITUMINOUS CURB. BIT. CURBING. 0 X E6912TJ6 LEGEND DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES IRON MONUMENT FOUND AS LABELED IRON MONUMENT SET, MARKED RLS# 25341 SEPTIC CLEANOUT OR PIPE GAS METER POWER POLE AND OVERHEAD WIRES EXISTING KEYSTONE RETAINING WALL CHAIN LINK FENCE (TYPE AND HEIGHT AS LABELLED) 6' WOOD PRIVACY FENCE CONCRETE SURFACE BITUMINOUS SURFACE EXISTING CONTOURS EXISTING SPOT ELEVATION EXISTING AND PROPOSED DRAINAGE (BOTH THE SAME) ® DENOTES PROPOSED GUTTER ELEVATION (SAME AS EXISTING BITUMINOUS EDGE) 9 \rudNCAD\O8proJx613528LSW8523.2N0 1/12/2009 9.16.22 AN CST ANOKA COUNTY, MINNESOTA (NO SCALE) PROPOSED BITUMINOUS CURB DETAIL 4 8" EXISTING BASE 1 -1/8” RADIUS MATCH EXIST. BITUMINOUS EXISTING INOU // /Sim A r/ GRAPHIC SCALE ,0 20 ( IN FEET ) 1 inch = 20 tL NORTH • • STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 6B James E. Studenski, City Engineer July 26, 2010 Resolution No. 10 -66, Accepting Plans and Specifications and Authorizing a Request for Quotes, 2010 Surface Water Management Project. Simple Majority After storm sewer, storm water ponds and drainage ways are constructed, they require periodic maintenance to ensure their effectiveness. To maintain the effectiveness of the storm sewer system, cleaning of pipe sections, catch basins, manholes and flared ends where silt has accumulated must be completed. The City conducted its yearly review of 20% of the City's MS4 outfalls, sediment basins, storm sewers, and ponds to comply with NPDES requirements. The 2010 Surface Water Management project will consist of the following types of work: 1) Surface water maintenance, including pond and pipe repairs and the cleaning of pipe sections, catch basins, manholes and flared ends. 2) Street drainage improvements, including storm sewer reconstruction and curb and paving replacement. The projects were identified by this year's NPDES review of storm sewers, public works identified projects, and through resident concerns as shown on the attached maps. Quotes will be solicited separately for the surface water maintenance and the street drainage improvements. The project schedule is as follows: City Council Accepts Plans and Specifications July 26, 2010 City Council Request for Quotes July 26, 2010 City Council Awards Contract August 23, 2010 Construction Begins September, 2010 City staff has prepared the plans and specifications for this work and is requesting Council approval to make a request for quotes. RECOMMENDATION: Staff recommends that Resolution No. 10 -66 be adopted. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -66 RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS AND AUTHORIZING REQUEST FOR QUOTES— 2010 SURFACE WATER MANAGEMENT PROJECT. WHEREAS, the City Engineer has prepared plans and specifications for the 2010 Surface Water Management Project, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Engineer will send out a request for quotes. The quotes will be received by the Clerk until 10:00 a.m. on Tuesday, August 17, 2010, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, II August 23, 2010, in the Council Chambers of the City Hall. Any quoter whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No quotes will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. • Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 26th day of July, 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. 2010 SURFACE WATER MANAGEMENT SURFACE WATER MAINTENANCE PROJECTS PROJECT 4 AENON PLACE DITCH RE- GRADING Rondeau Lake ' _ 35W; is Peltier Lake PROJECT 2 WENZEL FARMS PIPE CLEANING George Watch Lake ICI Marshan Lake Centerville Lake PROJECT 1 RICE LAKE ESTATES POND CLEANING Rice Lake Reshanau Lake PROJECT 5 OTTER LAKE ROAD TRAIL IMPROVEMENTS PROJECT 3 WEST SHADOW LAKE DRIVE PIPE CLEANING Ba win Lake Amelia Cedar Lake Bald Eagle La Otter Lake Wilkinson Lake L. JULY 26, 2010 N TKDA EN(1NEERI G • naarrrn:Ra • PAWNS 2010 SURFACE WATER MANAGEMENT STREET DRAINAGE IMPROVEMENTS v } Rondeau Lake PROJECT 1 4TH AVENUE PIPE IMPROVEMENTS L 3 George Watch Lake Marshan Lake Rice Lake Reshanau Lake CITY OF CENTERVILLE Centerville Lake PROJECT 2 TIMBERWOLF TRAIL DRAINAGE IMPROVEMENTS Ba win Lake ;Cedar Lake Bald Eagle La Otter Lake W " son Lake JULY 26, 2010 TKDA ENGINEERNG • ARCKTECTU E • PUW"RNG