The URL can be used to link to this page

Home My WebLink About2002-034 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-34 DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE FOR BALD EAGLE ERECTORS IN SECTION 17 ON LAKE DRIVE WHEREAS, a request has been submitted to the City for the approval of a conditional use permit (CUP), and WHEREAS, the City Council makes the following findings: 1. A request has been submitted to the City for the approval of a conditional use permit (CUP) for outdoor storage, and 2. The site of the proposed CUP comprises two properties with the parcel identification numbers 17 31 22 33 0046 and 17 31 22 33 52. 3. The applicant, Bald Eagle Erectors represented by Greg Biese, proposes to use the site as its permanent location for its steel erector business. The applicant states that the outdoor storage would include storing on the site a trailer and a boom truck. 4. Section 8, Subdivision 1.F. lists permitted uses in the Light Industrial zoning district. a. Paragraph 2. allows: "Shops and offices for contractors including plumbing, heating, glazing, painting, paperhanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, and general contracting but not storage yards." (emphasis added) b. Paragraph 12. allows: "Contractor storage of equipment and building materials if enclosed within a building." (emphasis added) 5. Section 8, Subdivision 1.I.1 of the zoning ordinance lists outdoor storage as a conditional use in the Light Industrial zoning district and includes specific requirements. a. One purpose of Subd. 1.I.1. is to ensure that properties with outdoor storage are located in areas on the interior of a Light Industrial zoning district, not on the periphery. Equipment stored often is taller than can be completely screened and fenced. Paragraph 1.f. states: "The property shall not abut property zoned for residential use. Abutting includes across a street." The site abuts land zoned R-3, and therefore the use on this site would not comply with the ordinance. b. Paragraph 1.h. states: "The storage area shall not abut a school or a public park. The area indicated for storage does not abut the school property. However, the nature of contracting businesses is that additional equipment may be stored as the business grows, and the storage area may need to expand toward school property to accommodate a successful business. 6. Section 2, Subdivision 2.B.7 of the zoning ordinance lists general requirements that apply to all CUPs. Paragraph 7.I requires that the proposed use "Will conform to specific standards of this ordinance applicable to the particular use." As noted, the site does not conform with the prohibition on abutting residentially zoned property. 7. Section 2, Subdivision B.S. states: "Site and building plans consistent with the requirements established in Section 2 Subdivision S.B. (for a site and building plan review) shall be provided prior to Planning and Zoning Board review" of the CUP application. Complete site and building plan information was not furnished, and therefore the application does not comply with the ordinance requirement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the application for a conditional use permit is denied. Adopted by the Lino Lakes City Council this day of Apr, 1 , 2002. �.. ATTEST: Ann Blair, City Clerk J. Be'geson,ayor Resolution 02-34 Councilmember introduced Resolution 02-34 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 22, 2002 TOPIC: Resolution 02-34 Conditional Use Permit Application for Outdoor Storage in LI Zoning District 72xx Lake Drive VOTE REQUIRED: 3/5 BACKGROUND Dave Biese of Bald Eagle Construction has submitting and application for a conditional use permit (CUP) for outdoor storage. He wishes to move his construction business to the site and store vehicles outdoors, such as trucks and a construction trailer. The current application does not include a site plan review. Typically, a CUP application such as this would be accompanied by complete site plan information. Our understanding is that the applicant wanted to find out if the outdoor storage was possible before committing to designing the building, grading, utilities, and other elements. Since the zoning ordinance requirements for outdoor storage is clear regarding possible locations of outdoor storage, staff decided to process the CUP application as submitted. ANALYSIS The site consists of two parcels totaling approximately 1.3 acres. Outdoor Storage Requirements: The City Council adopted Ordinance 02-2000 in February 2000. (see attachment) This amendment to the zoning ordinance establishes open and outdoor storage as a conditional use in the Light Industrial zoning district. (Sec. 8 Subd. 1.I.1) It also lists very specific limitations regarding where such storage is allowed. Comprehensive Plan (existing) Comprehensive Plan (2001 draft) Zoning site Light Indus. Industrial LI Light Indus. north Light Indus. Industrial LI Light Indus. east Multiple Family Resid. PSP Public/Semi-Public R-3 Resid. west Light Indus. Industrial PSP Public Semi -Public south Light Indus. Industrial LI Light Indus. Outdoor Storage Requirements: The City Council adopted Ordinance 02-2000 in February 2000. (see attachment) This amendment to the zoning ordinance establishes open and outdoor storage as a conditional use in the Light Industrial zoning district. (Sec. 8 Subd. 1.I.1) It also lists very specific limitations regarding where such storage is allowed. • Several requirements pertain to the design of the site. We do not have specific design information necessary to judge if the application complies with all the ordinance requirements, such as those for lighting and parking. • We can address the locational requirements now. The ordinance states that the property cannot abut property zoned residential, rural, or business. Abutting includes across a street. The subject site is directly across the street from an R-3 zoning district. The intent of the ordinance is to allow outdoor storage only on light industrial sites that are internal to the zoning district. That is, the sites are not to be on the edges of an LI zoning district, but toward the inside of the district. That way, the storage sites will always be screened not only by onsite design features, but also by other industrial properties. We note that Gethsemene Church across Lake Drive has sent a letter stating it does not oppose the application for outdoor storage. While we appreciate the church's input, it does not erase the ordinance prohibitions. The proposed site is exactly the type of location prohibited by the outdoor storage ordinance. A variance would be necessary to allow this business on this site. • The ordinance states that the actual outdoor storage area cannot abut a school or park. The property abuts a stormwater pond on school property, but the submitted sketch shows a fenced area for storage which does not abut the school property. An area with "grass seed" is shown separating the two. In fact, the seeded area appears to cover over half the entire site, according to the drawing, rendering it unusable. It is probable that once the business and storage are established, a successful construction business will grow and need additional storage area for equipment. Contractor yards typically accumulate more and more equipment and material over time. That is, because of the type of business Bald Eagle is in, it will be difficult to keep fully one half of the site unusable. Even assuming the property owner properly requests expansion of the storage, the City will have created for itself a difficult situation where an intended buffer is threatened. We note that the school district has sent a letter stating it does not oppose the application for outdoor storage. While we appreciate the district's input, it does not erase City staff's concerns. Standard Conditional Use Permit Requirements: Most types of conditional uses listed in the zoning ordinance have specific conditions, such as those discussed above. In addition, there are general requirements that apply to all CUPs. (Sec. 2 Subd. 2.B.7) One of these is that the proposed use "will conform to specific standards of this ordinance applicable to the particular use." As explained above, the property abuts a residential zoning district. This would not conform to the specific standard of the zoning ordinance that prohibits outdoor storage on such a site. Full site and building plans are required for CUP applications. We received only sparse information in the submittal. We received grading, utility, and landscaping plans on April 3. This did not allow for a complete site plan review for the P & Z meeting. The applicant has not, in fact, applied for a site plan review. However, as a courtesy to the applicant we have reviewed the CUP application without the site and building plans. As stated above, our understanding is that the applicant wanted to find out if the outdoor storage was possible before committing to designing the building, grading, utilities, and other elements. Since the proposal clearly does not comply with outdoor storage requirements, staff is comfortable making a recommendation on the storage CUP alone. This report does not include a site and building plan review or recommendation. Any such application must include complete submittal information and be reviewed according to the City's deadline and meeting schedule. Surrounding Nonconforming Uses: Properties on the north and south of the subject site have outdoor storage. These are nonconforming uses. This means that the uses existed prior to the change in zoning requirements that would prohibit such uses. They have a right to continue as they were before the change. However, the City is not obligated to nor should it allow new uses that do not comply with its ordinances. OPTIONS 1. Deny the CUP application because it does not comply with City requirements, as explained in the staff report. 2. Approve the CUP application. RECOMMENDATION Option 1 This report is based on the following submittals: • "Site Plan", 3/6/02, received 3/8/02 (one vellum sheet, no copies submitted) • letter from John Christiansen, Centennial Schools, received 3/8/02 • fax letter from Shingobee Builders, received 3/12/02 • Application form, received 3/8/02 ff irid e.As-tew t / Council Member Carlson introduced the following ordinance and moved its adoption: ORDINANCE NO. 02 - 2000 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING OPEN AND OUTDOOR STORAGE AS AN ACCESSORY USE WITH A CONDITIONAL USE PERMIT IN THE LIGHT LIGHT INDUSTRIAL (LI) ZONING DISTRICT The City Council of the City of Lino Lakes hereby ordains as follows: Section 1. Section 8, Subd. I. 1 of the City Zoning Ordinance LI, (Light Industrial Zoning District) is hereby amended to add the following: 1. Open and outdoor storage as an accessory use provided that: a. The storage area is landscaped and screened from view of neighboring uses, residential zoning districts and public rights-of-way per Sec. 3, Subd. 4.S of the Zoning Ordinance. The storage area shall be screened 100% from residential properties. b. Storage area is fenced in a manner approved by the City. c. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.H. of this Ordinance or other lighting standards in place at the time of project approval. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and not in front yards. f. The property shall not abut property zoned for residential, rural, or business use, including land in a neighboring city. "Abutting" includes across a street. "Abutting" does not include properties that touch only corner -to -corner. g. The property shall not abut I -35W or I -35E. h. The storage area shall not abut a school or a public park. i. The ratio of storage area to building footprint shall not exceed 3.5:1. j. Storage shall not include material considered hazardous under Federal or State Environmental Law. Section 2. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council this 28th Day of February, 2000. ATTEST: .� a Ry hel Gaustad, CMC City Clerk hn Bergeson, Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, O'Donnell The following voted against same: Whereupon said Ordinance was duly passed and adopted. ,AR.1e.edue 4:10-11 :-.;HINGUHLL bUILULKS March 12, 2002 City of Lino Lakes Community Development 600 Town Center Parkway Lino Lakes, MN 550141182 RE: Bald Eagle Erectors — CU? Dear Sirs: HU.((b t'.1/1 d?,,(71,14eii 461-11-69bee Via Facsimile —1982-2499 This brief narrative of the planned use for outside storage by Bald Eagle Erectors will hopefully provide you with the necessary information to approve the conditional use permit. Bald Eagle Erectors is a steel erector that Shingobee Builders, Inc. uses on many of its projects as a subcontractor and we are also representing Bald Eagle Erectors on this transaction and will be constructing there new facilities. The business of steel erection places all materials at various job sites and does not get delivered to the business / office location, The anticipated outside storage will be for a trailer that is used to transport construction mats and the occasional parking of the boom truck that is used for steel erection (this truck also pulls the trailer). I look forward to any questions you may have. Sincerely, G`°9}3»pv Greg Hayes Broker G Shingobee .13utldera, Inc. 669 N. Medina 8ineet, P.O. Dox 8, Lonstio, MN 55357-0008 (74 479-1300 Z' c (765) 4'79-5267 General Contractor 4 Construction Msngyment 4 DedefMci 4 1?e5.1 Tele Services w v.e •obee.an CENTENNIAL SCHOOLS Independent School District No. 12 4707 North Road Circle Pines, Minnesota 55014-1898 (763) 792-6000 Fax: (763) 792-6050 www.centennial.k12.mn.us Superintendent Dr. John M. Christiansen (763) 792-6010 .-licre440 March 4, 2002 Mr Michael Grochala • Community Development Director City of Lino Lakes 600 Town Center Pkwy Lino Lakes MN 55014 RE: Application for Development of Property Pin # R17 31 22 33 0046 and R17 31 22 33 0052 Dear Mr. Grochala: SCHOOL BOARD MEMBERS CHAIRPERSON . Dennis Halverson VICE CHAIRPERSON Mark Rehbein CLERK David Kelso TREASURER Sharon Johnson DIRECTOR Tim Lesnar DIRECTOR Christina Wilson The City of Lino Lakes zoning ordinance does not allow property being developed adjacent to school district property to contain outside storage. However, in the case of the property referenced above, I have spoken to representatives,of the landowner concerning the plans for the property. Centennial School District No. 12 is aware of the development plans including some outside storage for construction mats and a boom truck. Based on the fact the property is adjacent to the school district's stone water management pond for the Middle School, the school district does not oppose the approval of this development plan and the granting of a conditionai use permit for outside storage. If you have any questions, please contact me at 763-792-6010. Thank you for your consideration in this matter. Sincerely, r. John M. Christiansen, Superintendent of Schools An F.nnal [lnnnrtnnity F.mnlnver 7RNE /7 •/ h r. 4• QP ^fip� S_tDJL. 17-31• ZZ•32.•Ocu - CCO(o 1_• (1) • AUDITOR 7 (./J MAI 3 2 (1) (4/) SUBDIVISION 34 11 9124 • P114) .U,lM • ,d N (If •Q; 1 4 vi • • "I 4 flick m .•.rMIY• Ar a»�•� -uN weef'{/11'w (N) tel /..N (el s` i JFQRSHAM !t_ f (1) (/,) TRACT A R.L.S. • rrr re [ w � ; to ..:•k:i� (13� °3 TRACT (Bfs) ,. • • - tt •• (r) / tt�r,a,r E4 �GJ e•(m) NO. 182 TRACT C 11. ,nA : n.» t.» nee Y» AY ...\ 1 `8e• 6.tl\ 7/3. B 9;14r ,iu/O ; // 11 • E (4) . (r) •(, (rJ LAKE DR. Cu) .4N erre N4• to ' ./0` 9 a. 8. 9'4.4 8999 SIM, SAit He •4 ;We Ur) 7 POST, .„„ OAD (aN..,t CORNER • SEC. /7 /( U1/ON NO. 95- SO2 PARK 344 P/ 'Y Ar+/. . ea 04) :i t(14) �! 4 5 g, 6 C N(9.3, pa"� PO ST,„. „.ROAD 1r...i 7 'U IlE rwr I y >r.. itetee 7 e� • "al Oa 40 631) PO eV k 3 yn/l a9. ,. re.sr =((i1 (4) t(4') t) ,(t entre Nato 11 MG9 CO) /I /• (11% 9l V /:>/ LO /orb ' vrr ti TRAIL (1 66 sue rt 41.2) ti: �v Gz) (a) 4 el.. >ta0 rtx» dy'/t'Gt 6 (.s1 ea Q i1 2t 9O U 4 /It as ZO Jex a 11 /0 OA RSHA 4244 Ai.Iter AtrIf•ai 41 -LK r IAA u! (H✓>.9) srt-Iru E M.0 /9 wawa 1 , 1/ it /1 /1 / // / / I -- f i v