HomeMy WebLinkAboutRES 24-023 APPROVING CUP FOR GARDEN CENTER AT ST ANTHONY SHOPPING CENTERCITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 24-023
A RESOLUTION APPROVING A REQUEST FOR A
CONDITIONAL USE PERMIT FOR A TEMPORARY BUILDING
AND SEASONAL GARDEN FACILITY
IN THE C, COMMERCIAL DISTRICT
WHEREAS, the City of St. Anthony Village received a request from the property owner and
proposed licensee for temporary building and seasonal garden center establishment at Pentagon
Drive; and
WHEREAS, the property is located in a C, Commercial district in which such facilities are
allowed by Conditional Use Permit; and
WHEREAS, the subject property has been utilized in a similar manner in past years, and has
operated without significant issue; and
WHEREAS, the Conditional Use Permit allowance for such uses is a one-time permitting
requirement provided no substantive changes occur in the facility from year to year; and
WHEREAS, consideration of a Conditional Use Permit in such areas is required to avoid
unreasonable negative impacts on adjoining commercial property or public spaces; and
WHEREAS, the conditions identified as a part of an approval for the proposed Conditional Use
Permit are necessary to ensure full compliance with the St. Anthony Village zoning ordinance
and other public safety needs; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on March 19, 2024 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit
with the conditions noted in the Staff report, and as listed below; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval:
1. The property is located in an area of commercial land use with access to a major
roadway.
2. The proposed use is identified as an allowed Conditional Use in the applicable
Commercial zoning district.
3. The additional impacts of the proposed are use expected to be minimal due to the
minimal and temporary changes to the building and site, operations hours consistent with
surrounding uses, and including compatibility with other uses in the neighborhood.
4. The proposed seasonal business use constitutes a reasonable use of the property.
5. The proposed uses, constructed and operated within the requirements of the Code and the
conditions of this resolution, will not impact surrounding property or public areas beyond
the expected impacts of permitted, compliant uses in the commercial zoning district, nor
negatively impact health, safety, or welfare of the community.
6. With the proposed conditions, the City Council finds that there is no evidence to believe
that the use will have a detrimental effect on neighboring uses or property values.
NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the staff
report and approves the Conditional Use Permit authorizing a temporary building and seasonal
garden facility as shown on the plans submitted on or before March 4, 2024, at 2900 Pentagon
Drive, in accordance with the following conditions:
1. Issues related to building, fire, and other related city codes shall be subject to
comment and recommendation by applicable staff.
2. The applicant receives, and provides to the City, operational information related to
utility services and any details related to use and location of permanent or portable
restroom facilities on the premises.
3. The CUP is provided for the requested site only. Changes in location, size,
operation, or other aspects of the facility will require a new CUP application. The
CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures,
remains valid for the location and site as proposed, with need only for annual
administrative review, provided no expansion or other substantive changes are
proposed.
Passed in regular session of the City Council on the 26th day of March, 2024.
Wendy Webs er, Mayor
ATTEST: Q- �'�
City Clerk
Review for Administration:
Charlie Yunker, City Manager