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HomeMy WebLinkAboutResolution 5139 . . . RESOLUTION NO. 5139 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR SALES FOR MERRYVILLE FARM MARKET AT MOUNDSVIEW SQUARE SHOPPING CENTER; PLANNING CASE NO. 483-97 WHEREAS, Kirk Olson, representing Menyville Farm Market, has applied for a conditional use permit to conduct open and outdoor sales at Moundsview Square Shopping Center, which property is zoned B-4 and is legally described as follows: That Part Lying Northeasterly of the Centerline of,4.,'tate Trunk Highway 10 of NE ~ ofNE ~ (Su~iect to Roads and Highway:,) in Section 7, Township 30, Range 23 WHEREAS, the Mounds View Zoning Code allows open and outdoor sales in the B-4 Regional Business District with the approval of a conditional use permit; and WHEREAS, the City Council has reviewed the following documents regarding this proposal: a) b) c) d) e) f) Planning Application Zoning Map Site Plan Letter from Applicant Letter from Property Owner Photo Documentation WHEREAS, The Mounds View City Council makes the following findings that the criteria for approval in Section 1115.04, Subd. 2 have been met: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty pcrccnt (30%) or the gross Door area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 110 square feet of the parking lot, which is less than 1 % of the building square footage on the site. This criterion has been met. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential dIstrict in compliance with Subdivisions 1103.08(1) through (5) of this Title. The parking lot fronting Highway 10 does not abut any residential properties. The nearest residential propel1y is Wildwood Manor, an apartment building for senior citizens, which would be well screened ti"om the proposed use by a stand of trees. . . . City Council Rcsolution No. 5139 Junc 23, 1997 Pagc 2 c. All lighting shall be hooded and so directcd that the light source shall not be visiblc from the public right of\vay or from neighboring residences and shall be in compliance with Section 1103.09 of the Code. The applicant will not have any lighting associated with the produce stand as it will be operating during daylight hours. d, Sales area is grassed or surl~lced to control dust. The applicant is proposing to use an existing parking lot which is surfaced with asphalt. This criterion is met. WHEREAS, the City Council has considered the provisions from Section 1125.01(I)e of the Zoning Code regarding possible adverse effects of the proposed use and makes the following findings: (I) (2) (3) Relationship to Municipal Comprehensive Plan. The geographical area involved. Whether such use will tend to or actually depreciate the area in which it is proposed. The character of the surrounding area. The demonstrated need for such use. (4) (5) The proposal is for a temporary produce stand in the parking lot of an existing shopping center. The Comprehensive Plan designates this site as HC--Highway Commercial. The produce stand is an appropriate use within this designation. The shopping center is surrounded by roadways and the area where the use is to be located is 1,000 feet from the nearest residential property. The sale of produce is a typical seasonal business in a community such as Mounds View and it serves a community need. The short duration of the use will result in little, if any, adverse effect upon the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a conditional use permit for Merryville Farm Market to operate an outdoor produce stand at the Moundsview Square Shopping Center, 2535-2585 Highway 10, with the following stipulations: L The facility shall be allowed to operate from July 1, 1997, to September 21,1997. 2. The hours of operation of the facility shall not exceed 8:00 a.m. to 9:00 p.m. 3. Signage shall be allowed only as aftixed to the gazebo base and/or canvas roof 4. Lighting for the use shall be supplied by existing parking lot standards. . . . City Council Resolution No. 5139 June 23, 1997 Page 3 Adopted this 23rd day of June, ] 997. Attest: (Seal) N:\DA T A\USERS\PAMS.SH..\RE .I)E \'C.-\S ES\.J XY)7\i'.. : :'::,1, Y -LT. J, !'S ~ @rLX2. , Charles S. Whiting, t' Clerk-Administrator