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HomeMy WebLinkAboutResolution 9108RESOLUTION 9108 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE REVOCATION OF A CONDITIONAL USE PERMIT FOR A TIRE AND MINOR AUTO REPAIR STORE AT 2832 MOUNDS VIEW BOULEVARD PLANNING CASE CU2012-001 WHEREAS, on August 27, 2012, the City Council adopted Resolution 7984, approving a Conditional Use Permit to allow a Tire and Minor Auto Repair Store at 2832 County Road 10, legally described as: Lot 1, Block 1 Velmeir CVS Addition WHEREAS, the property is guided Mixed Use MU -PUD in the Comprehensive Plan, defined as "Land containing a building orbuildings with significant amounts of residential uses in combination with commercial and/or office uses. Sites with this designation should be developed as planned unit developments to provide flexibility to ensure that integrated efficient and well-planned development occurs. Examples include projects that could provide for a mix of residential and commercial uses within single or multiple structures"; and, WHEREAS, the property is zoned B-3 Highway Business. The purpose of the B- 3 district "is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities." Permitted uses include "Limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use."' Conditional Uses include minor auto repair, tire and battery stores and service, with conditions2; and, WHEREAS, to the City's knowledge, since the Conditional Use Permit was approved in 2012, the property has not been used for the approved permit. Instead, the property was used for an unpermitted warehouse, until May 2019; and, I Mounds View City Code, Section 1114.02 (Permitted Uses); "All permitted uses as allowed in a B-2 Limited Business District". 2 Mounds View City Code, Section 1114.04, Subd 3 (Motorfuelstation, auto repair, minorand tire battery stores and service) Resolution 9108 Page 2 of 4 WHEREAS, Since 2012, the City has taken multiple enforcement actions for violations including; Building Code, Fire Code, and Zoning Code. Recent violations have included operating an unpermitted use within the B-3 district (warehouse), improper storage of high -hazard material (tires); exterior storage of inoperable vehicles, and exterior storage of semi -trailer trucks; and, WHEREAS, Resolution 7984, Condition 4 of the Conditional Use Permit states "This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the City Administrator or the City Council"; and, WHEREAS, the Planning Commission recommended approval of the Revocation of the Conditional Use Permit at its April 17, 2019 meeting (Resolution 1096-19); and, WHEREAS, the City Council held a duly noticed Public Hearing on May 13, 2019; and, NOW, THEREFORE, BE IT RESOLVED, consistent with the Mounds View City Code, Section 1125.01, Subdivision 3 (Conditional Uses), in granting a Conditional Use Permit, the City Council shall consider the advice of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of the occupants of surrounding lands. Among other things, the City Council make findings where applicable [Findings in italics]: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Finding: The use (Tire and Minor Auto Repair Store) does not create an excessive burden on existing public facilities. The property's frequent code violations has created a burden on City resources. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Finding: The use (Tire and Minor Auto Repair Store) is adjacent to single-family homes, and screened by a 6' privacy fence that is not sufficient to screen tall vehicles such as semi -trailers and trucks that have frequently been stored on the property. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Resolution 9108 Page 3 of 4 Finding: The structure and site have an appearance of a rundown property, as demonstrated by the frequent exterior storage of inoperable vehicles, scattered debris and garbage in the parking lot, dilapidated signage, and hazardous storage of tires, presenting an eminent health threat to the community should a fire occur. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Finding: Within the Mounds View community and adjacent areas, there are numerous tire retailers concentrated along Highway 47, and Highway 65. There is not a tire retailer within Mounds View other than auto repair shops (there are three in Mounds View). It is reasonable that a Tire and Minor Auto Repair Store would serve the overall needs of the City, if operated appropriately. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Finding: The intent of the Zoning Code is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use. The use of the property for the improper storage of tires (e.g. within semi -trailers) creates a significate threat to the public's health and safety in the event of a tire fire. Although the semi -trailers have been removed as of May 6, 2019, the property owner has a history of frequent code violations. The City finds that the community has not benefited from the approved CUP for Tire and Minor Auto Repair. The B-3 Highway Business district does permit "limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use." (6) The use is not in conflict with the Comprehensive Plan of the City. Finding: The approved use (Tire and Minor Auto Repair Store) as operated by Tires N'More (e.g. auto repair has not been operational), conflicts with the following goals and policies of the Comprehensive Plan (2010): Resolution 9108 Page 4 of 4 Chapter 3: Land Use Commercial Goal 2: Provide safe, convenient, attractive, and accessible commercial development. Policy d. Ensure that all service, institutional and commercial uses are adequately screened and buffered from any existing or planned residential developments. Policy k. The City will enact and uniformly enforce commerciall7ndustrial maintenance code to help ensure that commercial and industrial properties reflect city attribute, policies and standards. (7) The use will not cause traffic hazards or congestion. Finding: The use has not caused traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Finding: Adequate facilities have been provided for the approved use (Tire and Minor Auto Repair Store), but not for the additional use of improper storage of tires. NOW, THEREFORE, BE IT FINALLY RESOLVED, that in consideration of the Staff Report, the Planning Commission's recommendation, public testimony, and the Findings, the Mounds View City Council hereby Revokes Resolution 7984, a Conditional Use Permit for "Tire and Minor Auto Repair" at 2832 Mounds View Boulevard. Adopted this 13th day of May, 2019 Carol A. Mueller, Mayor ATTEST: ('15EAL) r i Nyle/fikm6Md, Ci y Administrator k Doc No T02645366 Certified, filed and/or recorded on Aug 19, 2019 9:18 AM Office of the Registrar of Titles Ramsey County, Minnesota Tara J Bach, Registrar of Titles Christopher A. Samuel, County Auditor and Treasurer Deputy 409 Pkg ID 1313121M Document Recording Fee Torrens $46.00 Document Total $46.00 Existing Certs 616713 This cover sheet is now a permanent part of the recorded document. MouNDs VIEW STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified City Administrator of the City of Mounds View, Minnesota, hereby certify that I have carefully compared the attached and foregoing with the original thereof on file in my office, and the same is a full, true and complete copy thereof, insofar as the same relates to: RESOLUTION 9108: RESOLUTION APPROVING THE REVOCATION OF A CONDITIONAL USE PERMIT FOR A TIRE AND MINOR AUTO REPAIR STORE AT 2832 MOUNDS VIEW BOULEVARD, PLANNING CASE CU2012-001 WITNESS MY HAND, officially as such, as City Administrator and the corporate seal of the City of Mounds View this 22nd day of July, 2019. Nyl A r+(iund, ity Administrator (SEAL) ` s ( , T : . • ✓ ..aa. - .s rl City of Mounds View 2401 Mounds View Boulevard Mounds View,MN 55112-1499 t