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Home My WebLink About2013-11-06 PACKET 08.D.REQUEST OF CITY GOUNCIL ACTION COUNCIL AGENDA MEETING ITEM # �� DATE 11 /06/13 � . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR *�*************�**********************�***�***** COUNCIL ACTION REQUEST A. Consider adopting a zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances. B. Consider approving a conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include a 30-foot by 60-foot addition to the north side of the principal structure on the property and a 16-foot by 200-foot roofed linear storage rack, subject to the conditions: STAFF RECOMMENDATION A. Adopt a zoning ordinance text amendment to Title 11-3-1A to allow for the expansion of nonconforming uses under certain circumstances. B. Adopt a resolution approving a conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include a 30-foot by 60-foot addition to the north side of the principal structure on the property and a 16-foot by 200-foot roofed linear storage rack, subject to the conditions: ADVISORY COMMISSION ACTION I�� . . SUPPORTING DOCUMENTS: DATE REVIEWED APPROVED DENIED 10/28/13 ❑ � ❑ � MEMO/LETTER: Memo from John M. Burbank dated 10/30/13 � RESOLUTION: Draft � ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved 10/28/13 Planning Commission meeting Resolutions 98-178, 93-103 and 84-7 ADMINISTRATOR'S COMMENTS Administrator Date ************�**************�******************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride and P�OSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: October 30, 2013 RE: 61 Marine Expansion of a non-conforming use. Proposal 61 Marine & Sports is requesting a zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances and a conditional use permit for the expan- sion of a nonconforming use at 11730 Point Douglas Drive South. The proposed expansion in- volves a 30-foot by 60-foot addition onto the main building on the site, which will accommodate an additional indoor sales floor/display area. Site Ortho Photo Location Map Honorable Mayor, City Council, and Ryan Schroeder 61 Marine —Expansion of a non-conforming use Case TA13-034 & CUP13-035 November 6th, 2013 Page 2 of 7 Planning Commission The Planning Commission reviewed the applications at their regular meeting on October 2g and recommended unanimously with a vote of 8-0 to that the City Council take the two following actions: A. Adopt a zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances. B. Adopt a resolution approving a conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include a 30-foot by 60-foot addition to the north side of the principal structure and a 16-foot by 200-foot roofed linear storage rack. Background The applicant's property is currently zoned B-2, Retail Business. The applicant currently sells, and services, recreational vehicles, boats, motors, trailers, and related equipment and parts. This use is conducted inside and outside of buildings on the site. The ortho photo above details the exterior storage areas. The applicant wishes to expand the current building on the site with a 30-foot by 60-foot addition which will accommodate an additional indoor sales floor/display area. This is currently a nonconforming use in that the current use is not allowed as a permitted or conditional use within the B-2 zoning district. The existing zoning text from Title 11-11-10B-1: Permitted, Conditional, Accessory, and Interim Uses, is detailed below. Zoning Map Detail Honorable Mayor, City Council, and Ryan Schroeder 61 Marine —Expansion of a non-conforming use Case TA13-034 & CUP13-035 November 6th, 2013 Page 3 of 7 Zoninp DisVict B B B P N '� 'y 'g - ' B 8 Use Type Re/erences ANOmobile, molwtycle, Irailer, recreational vehides, boats/manne, and farm implenxnt eslaWishmeNS fw dispiay, hire, service, renlal and/a sales conduded eNirety ��Alhin a P aP t f�1, 11 bui'ding, induding, as incidenlai lo these majw uses, all repair rrak in connection nilh Iheir a.�m and cuslomers' vehidzs Aulonwlive, mo�orcycle, Ira�ler, recrealion vehiGes, boatslmarine and farm imp!emenl eslablishmenls tor display, hire, senice, rental arMlor saies conducled outs'We a buiqing C a 11 t, 11 The applicant's purpose for requesting the zoning text amendment is that the current ordinance criteria established in Title 11-3-1 addressing non-conforming uses was modified in 2005 to prohibit expansion of non-conforming uses. Prior to 2005, the applicant had received several conditional use permits for the expansion of the use on the site. Resolution Nos. 84-07, 93-103, and 98-178 are attached. The applicant's current buildings on the site are post-frame construction with the exterior clad in ccorrugated metal wall panels. Since the pre-2005 expansions of the site, the ordinance was also amended to increase the City's architectural controls for commercial, industrial, and institutional buildings within the community. For building expansions, this section of the code is not applicable to expansions that are less than 50 percent of the existing footprint. The proposed addition would be exempt from the new architectural controls in the ordinance based on this exemption criterion. The materials will be required to match the design and color palette of the existing buildings. Proposed Building Exterior Examples Honorable Mayor, City Council, and Ryan Schroeder 61 Marine —Expansion of a non-conforming use Case TA13-034 & CUP13-035 November 6th, 2013 Page 4 of 7 : �? o - ;�;�� .��r'�� . . ~� �� R � w � \`•$ ��. w �..�< ,: **� �y �� , r � � c � � �1� .tar!:s �{_�.�1 � � �T . . t � ` �� _ �� Y .; ', �. � � `� �� / � ; 4 ' , i .a • ., . , r; �� ` � i '' R f ' . � �`t-' a`, � , f "�� ' �� .�� / � t � . � ,a _ _. � r` ' �j' s � r jt' • � � { � 1�:"" ` �'�:' y - . .. � � y L �: � T' '�' �.. rr-�+ r 11 < -� 1� � � _ c �! i;;" 1� �t 'y"C� :_ -, - r .:� f ', c , I � �� } 1.. f �l f � �' � ' i _� :�� ) ; �, / _ � � „ �� .� � y{ �r- i ,�Y ,,/ J k l. T � I� ��.` [� ��F; ti �, i _. ,'_ � � � � . � `� �: ;� � �.: i �,. ,�r.,o i- �, P � _ . �� i � �� '�`�=� � " �.- :�;•� �''•`_. .!., r� �1 ' �'� f -��; ��'-' . 1 '--�� .3�� `':�'�:'` . ,.� ;,;� � =`�. -��.� I �': • ; q ., � t . � � �4� � - _ : -�•: ti � ti � ; i . '.. i .,� ' � 1 � ; � �; _'_J f = � �r5; �. (. 'i! � ` • � - . , .. _. . -- vi= . ._.. . _ .,_._- -- Existing Building Detaiis Discussion - Zoning Text Amendment � ' ( � � l The proposed ordinance amendment would allow for the City Council to permit the expansion of nonconforming uses under certain circumstances through the issuance of a conditional use permit. This amendment, as detailed in the attached draft ordinance, affords a greater flexibility for the Council to address the needs of specific uses and properties within the community on a case by case basis rather than an outright prohibition of growth. This option would allow for the controlled growth of a use or business that may be viable and contributing to the health of the community and tax base when rezoning or other options may not be appropriate. It is recommended that the zoning text amendment included in the attached draft ordinance be adopted. Discussion - Conditional Use Permit The second application submitted by the applicant is for a conditional use permit to allow for the construction of 30-foot by 60-foot addition onto the main building as an expansion of the non- conforming use on the site. The CUP application request is interdependent on the action taken for the zoning text amendment. If the applicant's request for the zoning text amendment is Honorable Mayor, City Council, and Ryan Schroeder 61 Marine —Expansion of a non-conforming use Case TA13-034 & CUP13-035 November 6th, 2013 Page 5 of 7 approved, then the requested conditional use permit for the building expansion can be processed further. If the zoning text amendment is not approved, then it is recommended that the conditional use permit be denied based on the inability to approve an expansion of a nonconforming use. When reviewing conditional use permits, the Planning Commission looks to Title 11-2-9F; Crite- ria for Issuance of CUP, as the guiding doctrine for review. This section states that in granting a CUP, the City Council shall find that: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the trans- portation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. The City's Technical Review Committee reviewed this application under those criteria. The Committee found that the criteria could be met and recommended approval of the CUP for the requested expansion, subject to the adoption of the draft ordinance for the requested zoning text amendment and other conditions including those found in Resolution Nos. 84-07, 93-103, and 98-178. In addition to the proposed addition, which is detailed below, the applicant is also seeking an additional conditional use permit approval for a free standing three-sided and roofed linear storage rack that was previously constructed without any permits from the City. The structure is shown below. Honorable Mayor, City Council, and Ryan Schroeder 61 Marine —Expansion of a non-conforming use Case TA13-034 & CUP13-035 November 6th, 2013 Page 6 of 7 3 � � . . ,, � r ' � �, �� .t� � + \; ' S,V� t � t . f ' t " , � '' ti � �'i..� ,�f` �'.y�fi ;44 � • '� �� y � ,�•� �� , � � , ` � ��x�,.� �, c � � �.f �r�!� �� ''� , , '� , I �`; � , . - � +�(� ,s�,�� `\ l ;�: n�ii�� '; � �:f� ��;� � .`, ��,� . t+ �jl��l7 � %� � �'�• r � ;�'� ,k.+t�� la � .:� q� y�� ! ' tt}'1 ?', � , �. ,r ;�i ; �r �� i,+r'+ i I � 3 � �( 7� �' �Y . ,,�� ( / .� �- °i� � ' `t`i iil .� �"' :f� � .�'• i�''�(�i '� 1 i�� .± , - `� ��J.1 ;ti�{i� + � �'!i r i l , s'� Jl�: � � � y � `-.ir�Hr�1 �r� J ?`''' �/ '� �i � ' .+�� f ' ' ;'� ' . �� i . c, }' \ i� 1� ' '�'!. ___� ,�� .• ~ '��` �`I: i�'.� ) 5��+1: � � F 1 �l .• ,'�, , i� � „� �, � , ,:r � y , ��i ;' . .s . �,, � . t�,�,� . , r i ' {1�i� v� t ��.4.C�.. 'tf � �. ;�i i s . ��{r;:�� ':, � i, } :�I. �s, h � � �� '�' I �� ' � � ',�{ ; `�' ,� l f', ' ,� � � ti . .ut� � y a�� ... _t-._ . .,�.. �!�. ,. �i�t7i�� . ,� , ` j Storage Rack Detail This structure was constructed by the applicant in the early spring of 2013 without a building permit or review by the City. Accessory structures within commercial districts are permitted by conditional use permit. Accessory structures are not permitted within required yards, and this structure meets that criteria. The stated purpose of the rack is to organize and semi-enclose portions of inerchandise stock that previously was arranged randomly as exterior storage. The same non-conforming use expansion restriction is applicable to this structure. The City Building Official has completed review of the structure and will be seeking some additional information on the construction during the building permit review. The structure is located 15 feet from the side property line at its closest point and meets the structure setbacks within this zoning district. Given the improved appearance of the exterior storage/sales area, it is recommended that the conditional use permit for the 16-foot by 200-foot roofed linear storage rack be approved by resolution, subject to the adoption of the draft ordinance for the requested zoning text amendment and the inclusion of a requirement for a double fee for the building permit. Stormwater Management Since the last expansion in 1998, the City's standards and requirements for surFace water management have changed. As a component of this application, it is recommended that the City's rate and water quality standards applicable to this site be addressed in conjunction with the building permit for the two structures and all other impervious surFaces that have been constructed since 1998. � � , - ��,� �� ; , r ' ,� � ;�,,� r � � ��, „ � ,� ,, � � �� ,� S �� F � + ��f ' � , / � j , ,�,, „� , �, ri � � � ' �:� � ° '.� � ;- � 3 ' , ' 'a ,;� � „ �� . \ � � � l � i � �,., ' . ;�� / .: � f <'�' , -< ~ R -�-�� Honorable Mayor, City Council, and Ryan Schroeder 61 Marine —Expansion of a non-conforming use Case TA13-034 & CUP13-035 November 6th, 2013 Page 7 of 7 Landscaping and Screening One of the requirements of Resolution No. 98-178 was that the fence and gate to the storage/ sales yard near the front of the main sales/service building be screened with wooden slats or other approved material. The applicant did perForm this screening but was allowed by the Planning Division to remove the materials after numerous and repeated vandalism events occurred on the site. The slats did provide screening as intended, but it also created a lack of visibility from the public street including patrols by the City's Police Department. As a component of this application, the City's Technical Review Committee recommended that the site landscaping be brought into conformance with the City's current landscaping standards. In reviewing Resolution No. 98-178, it was noted that a variance was granted for the areas within the exterior storage and sales area. The front of the site is still required to be landscaped. It is recommended that an updated landscape plan be submitted for review and approval by the Planning Division as a component of the required building permits. Summary A. The text amendment as detailed in the attached draft ordinance affords a greater flexibility for the Council to address the needs of specific uses and properties within the community on a case by case basis rather than an outright prohibition of growth. This option would allow for the controlled growth of a use or business that may be viable and contributing to the health of the community and tax base when rezoning or other options may not be appropriate. B. The proposed building expansions are consistent with the designated land use and appropriate zoning requirements. C. The City's Technical Review Committee reviewed the CUP application under the criteria established in Title 11-2-9F and found that the criteria could be met and recommended approval of the CUP for the requested expansion, subject to the adoption of the requested zoning text amendment and other conditions including those found in Resolution Nos. 84-07, 93-103, and 98-178. Recommendation That the Planning Commission recommends two action items to the City Council: 1. The adoption of a zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances. 2. The adoption of a resolution approving conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include a 30-foot by 60-foot addition to the north side of the principal structure on the property and a 16-foot by 200- foot roofed linear storage rack, subject to conditions. ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 11-3-1, NONCONFORMING USES AND STRUCTURES, OF THE COTTAGE GROVE CITY CODE RELATING TO EXPANSION OF NONCONFORMING USES The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Section 11-3-1A to read as follows: Sec. 11-3-1A, Nonconforminq Uses and Structures. A. 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: 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoninq or building permit in order to mitigate any newly created impact on adjacent property or water body; or 3. A conditional use permit is issued by the Cit rL. SECTION 2. AMENDMENT. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Section 11-3-1 to read as follows: Sec. 11-3-1C Expansion of Nonconforminq Uses and Structures. C.The City may, by conditional use permit, allow for an expansion of a leqal nonconformitv, includinq the lawful use or occupation of land or premises. The Cit�y impose reasonable conditions in order to protect the health, safetv and general welfare of the communitv or adjacent properties. SECTION 3. SUMMARY PUBLICATION Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: Ordinance No. XXX Page 2 of 2 The zoning text amendment adopted by the Cottage Grove City Council on November 6, 2013 modifies the language of the code to allow for an expansion of a legal nonconformity through the conditional use permit process. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date]. RESOLUTION NO. 2013-XXX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EXPANSION OF A NONCONFORMING USE AT 11730 POINT DOUGLAS DRIVE SOUTH A. WHEREAS, 61 Marine & Sports as applied for a conditional use permit to for allow an expansion of the nonconforming use at 11730 Point Douglas Drive South to include a 30- foot by 60-foot addition to the north side of the principal structure on the property and a 16- foot by 200-foot roofed linear storage rack on property legally described as: Seeger Addition, Lot 1 Block 1, Subdivision Cd 28398, Cottage Grove, Subject to easement for Point Douglas road; and Seeger Addition Lot 2 Block 1 Subdivision Cd 28398 That part of �ot 2 Block 1 described as follows: Beginning at the northeast (NE) corner of said lot 2; thence south 00 degrees 10 minutes 9 seconds east, bearing assumed, along the east line of said lot 2, a distance of 324.10 feet to northeast (NE) corner of Lot 1, Block 1 of said Seeger Addition; thence south 89 degrees 36 minutes 29 seconds west, along the north line of said Lot 1, a distance of 217.31 feet to the northwest (nw) corner of said Lot 1, thence north 00 degrees 10 minutes09 seconds west, parallel with the east line of said lot 2, a distance of 324.95 feet to the north line of said Lot 2; thence north 89 degrees 49 minutes51 seconds east, along the north line of said lot 2, a distance of 217.31 feet to the point of beginning. Subject to easement. Commonly known as 11730 Point Douglas Drive South, Hastings MN, Washington County, State of Minnesota. WHEREAS, the applicant also applied for a zoning text amendment to allow for expansions of nonconforming uses under certain circumstances; and WHEREAS, the requested zoning text amendment was approved by the City Council as Ordinance # 920; and WHEREAS, the adopted ordinance allows for expansions of non-conforming uses by Conditional Use; and WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on October 28, 2013; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request was prepared and presented; and WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. No written or oral testimony was received; and Resolution No. 2013-XXX Page 2 of 3 WHEREAS, the Planning Commission unanimously (8-to-0 vote) recommended approval of the applications, subject to certain conditions listed below. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the allow a conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include a 30-foot by 60-foot addition to the north side of the principal structure on the property and a 16-foot by 200-foot roofed linear storage rack subject to the following conditions: The conditions established in Resolution Nos. 84-07, 93-103, and 98-178 shall be met unless waived by the Director of Community Development. 2. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 3. The building permit fee for the roofed linear storage rack shall be doubled. 4. The exterior construction materials shall be the same design and color palette as the principal structure. Prior to issuance of a building permit, a final material detail board/ packet must be submitted for review and approval by the Community Development Department. 5. Prior to issuance of a building permit, a comprehensive sign package must be submitted for review and approval by the Community Development Department. 6. All mechanical equipment shall be screened from public view as reviewed and approved by the Community Development Department. 7. Prior to building permit application, a detailed landscaping plan shall be submitted that meets the approval of the Community Development Department. 8. Prior to building permit application, a bona fide cost estimate of the landscaping im- provements must be submitted in conjunction with a letter of credit approved by the City in the amount of 150 percent of such estimate. Upon completion of the landscaping requirements, the applicant must inform the City in writing that said improvements have been completed. The City will retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings and the required as-built survey has been submitted. No building permits will be issued until the required financial guarantee has been received and accepted by the City. 9. Trash containers must be stored in accordance with ordinance criteria. 10. All outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. Resolution No. 2013-XXX Page 3 of 3 11. The surFace water management for the impervious surf dressed on site in accordance with plans approved by ponding fee that is calculated at the time of the building treatment is not feasible. Passed this 6th day of November 2013. Attest: aces on the site shall be ad- the City Engineer. An off-site permit shall be paid if on-site Myron Bailey, Mayor Caron M. Stransky, City Clerk 6.3 61 Marine & Sports Expansion — Case TA13-034 and CUP13-035 61 Marine & Sports has applied for a zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances and a conditional use permit for the expansion of a nonconforming use at 11730 Point Douglas Drive South. Burbank summarized the staff report and recommended approval, based on the findings of fact and subject to the conditions stipulated in the staff report. Reese asked why there wouldn't have to be a variance for outdoor storage. Burbank replied it was outdoor sales, a permitted use for the recreational vehicles, boats, and eliciting outdoor sales use is permitted use in the B3 so that was the nonconformity portion and how it was processed before. Rostad opened the public hearing. No one spoke, Rostad closed the public hearing. Text Amendment: Brittain made a motion to approve. Ventura seconded. Motion passed unanimously (8-to-0 vote). Conditional Use Permit: Reese made a motion to approve. Johnson seconded. Motion passed unanimously (8-to-0 vote). � U RESOLUTION NO. 98-178 RESOLUTION GRANTING A VARIANCE FROM THE LANDSCAPING REQUIREMENTS OF CHAPTER 28 OF THE ZONING ORDINANCE AND APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING NON-CONFORMING USE FOR SALES OF RECREATIONAL VEHICLES AT 11730 POINT DOUGLAS ROAD WHEREAS, Stu-Mac Properkies, c/o 61 Marine & Sports, has applied for a variance to Chapter 28 of the City's Zoning Ordinance regarding landscape requirements and approval of a conditional use permit to allow expansion of a non- r conforming use and to construct a 4,960 square foot building to be located north of • the existing structure at 91730 Point Douglas Road. The property is legally described as: SeegerAddition, Lot 1, Block 1, Washington County, Minnesota. Commonly described as 11730 Point Douglas Road South, Cottage Grove, Minnesota. (Geocode 36-027-21-42-0017) WHEREAS, public hearing notices were mailed to prope�ty owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on August 24, 1998; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the proposal; and WHEREAS, the applicant was present and agreed with the recommended conditions of approval; and �� Resolution No. 98-178 Page 2 • WHEREAS, the Planning Commission unanimously approved the application, subject to certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED, the City Councii of the City of Cottage Grove, Washington County, Minnesota hereby grants a variance to Chapter 28 of the City's Zoning Ordinance regarding landscaping. Granting this variance is based on the following findings: a. Public right-of-way 70 feet in width exists between the southerly boundary line of the applicant's property and the northerly right-of-way of Trunk Highway 10/61. b. The location of existing site improvements (e.g. private access drive, parking lot, and terraced display area) limit the amount of useable area in the front and results in a unique characteristic for the property. c. There is a limited area for landscape opportunities. BE IT FURTHER RESOLVED, that approval of this variance is subject to the following conditions: 1. The applicant submit a landscape plan which details proposed plantings in � the front of the building and includes installation of three trees along the west side of the property. 2. The applicant will submit a landscape bond for 125 percent of the cost of installation which will guarantee the installed landscaping for one year. ALSO, LET IT BE RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit application filed by Stu-Mac Properties, clo 61 Marine & Sports, to expand an existing non- conforming use for sales of recreational vehicles on property legally described above, subject to the following conditions: 7he applicant pave the areas proposed for hard surFacing consistent with the submittal dated 7/18/98. 2. The applicant install wooden slates or a similar material, but not vinyl, along the south face of the existing chain link fence, which would screen the exterior storage area of the property prior to issuance of a certificate of occupancy for the property. 3. The applicant enter into a lease agreement with the City for utifization of • the public right-of-way for display purposes prior to issuance of a Resolution No. 98-178 Page 3 � certificate of occupancy for the new building. The applicant will reimburse the City for any costs incurred in drafting or review of the lease. 4. The applicant fence or cordon off the drain field area prior to initiation of construction of the building addition. The applicant initiate a subdivision and rezoning request by December 31, 2000, to obtain the portion of fhe adjoining property currently being used for the commercial enterprise. The area, either on or off-site, dedicated to the commercial use cannot be expanded without these actions, even with the approval of the adjoining property owner. Passed this 16th day of September,1998. _ �' �� , 'I �._ _1 c � i- • � Attest: .---- "�••., . - _ e � ti. : �?' � � �� -e �p.5-� ' I , ? � / � ~ / � J �� ' flh ~L ? ^,,- `. ��, P �� ` l �f i �MV ✓✓ ? / A Caron MaStraflsky„ Cify:Cler�� i � �.�. � � �, ', '= . ^'�1^ � � �' 7 � a � e 9`-_ lp`�"a _,�'a � �. ^ c + ��. a q n� � f� ^ a `, , ,q . ��I � � ,�\ :, ' / G �;^� �q� ..�;r ��rfr,+,��4��1�; � .� � RESOLUTION 93-103 � RESOLUTION APPROVING THE EXPANSION OF �f� A NON CONFORNIING USE IN TI� B2 ZONING DISTRICT WHEREAS, John Seeger has submitted an application for a Conditional Use Permit to allow for the expansion of a non conforming use in a commercial zoning district located on the property legally described as follows: "Lot 1, Block 1, Seeger Addition Cottage Grove, Washington County, Minnesota." Commonly described as 11730 Point Douglas Road, Cottage Grove, Minnesota. WHEREAS, the Planning Commission of the City of Cottage Grove held a public hearing and reviewed the application at their meeting on May 24th, 1993; and WHEREAS, the Planning Commission found that in order to be able to expand the sales facility building for John's Marine, that a Conditional Use Permit would be required; and WHEREAS, the existing commercial use at 11730 Point Douglas Road is a non conforming use in the B2 zoning district; and WHEREAS, the Planning Commission found that there are unique circumstances associated with this property to justify the expansion of a non conforming use, specifically, that the operational history of the property is excellent, the location is in the rural part of the community, and that the use hiqhway orientated; and WHEREAS, the applicant met all of the criteria for granting a Conditional Use Permit application; and WHEREAS, with a vote of 6 to 2, the Planning Commission recommended that the Conditional Use Permit application be approved, subject to several conditions; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota, that the Conditional Use Permit application for 11730 Point Douglas Road, to allow for the expansion of a non conforming use in a commercial zoning district, shall be approved subject to the following conditions: 1. A building permit shall be applied for and issued by the City prior to the start,of any construction. 2. The parking lot and access drive on the site shall be hard surfaced with an impervious surface, and have :,' concrete curb and gutter installed on the perimeter. The plans detailing the required work on the site shall be submitted with the building application plans, and must be reviewed, and approved by the City Engineer. � � � / Resolution No. 93-103 Page 2 ��` ` . 3. A detailed landscaping plan shall be submitted to the City for review and approval and be accompanied with a letter of credit or escrow deposit in the amount 125� of the estimated cost of completing the landscape improvements. Upon completion of the landscaping improvements, the applicant shall, in writing, inform the city that said improvements have been completed. The City will retain the financial guarantee for a period of one year from the date of notice, to insure the plants have survived one winter season. 4. Handicapped parking shall be provided in accordance to ADA requirements. 5. Any roof mounted mechanical equipment shall be completely screened from visibility, as required in the Cottage Grove city ordinance. 6. As stipulated in Resolution 83-77, an automatic fire alarm system must be installed and hooked to the dispatch center at the Cottaqe Grove Public Safety Department. This is to be completed prior to the issuance of a certificate of oacupancy for the proposed addition, as it has not been completed to date. .,� 7. The exterior of the proposed addition shall be constructed of a variety of uniform materials, and be in a similar manner to the existing building, except for the north east side. 8. The storage or display of vehicles, boats or other items shall be prohibited from the front yard setback of the property or in the State roadway right of way. Passed this 16th day of June, 1993. _ John D. Denzer, May Attest:� - �r ` .. � _ • K"�evin Frazell,� City Administrator � "^-• �' �!` - Introduced��by: Councilmember Raun '� � Seconded by: Councilmember Rageth Voting in favor: 5 Ayes Voting against: 0 Nays � � ,� wESOLUrtorr No. aa� RESOLLTfION GRAKfING A(70Nt1ITIQNAL USE PERh1IT, B�ILDING P�RMIT AND 5T'fE PLAN APPROVAL '['0 .10t�V SEEGER FaOR ODNSI'RtICi'ION OF A MARII�'E SALFS BUSINESS WI'ili IW OPQV S711RAGE lA7' WtiERIiAS� D�. John Seeger has applied for a t:onditional Use Permit and requested 6uilding peYmit and site plan appmval� to construct a marine sales business with an open storage lot, on the following described property: "Lot 1, Block 1, Seeger Addition, Cottage Grove, Washington Co�ty Minnesota" and; idi�RFAS� the Planning and Zoning Comnission of the City of Cottage Grove held a public hearing un the Conditional Use Pexmit application for the open storage lot, ' and reviewed the request for building permit and site plan approval at their Ikcentber 19� 1983 meeting and recomoended approval subject to certain Conditions; NOMi, 'INEREi�RE. BE IT RESOLVED, by the City Cotatcil of the City of Cottage Grove� Co�nty of Washington� State of Minnesota, that the application of Jo}u� Seeger for a Conditional Use Permit, b�rilding peYmit and site plan approval shall be and hereby is approv�ed, subject to the following canditions: 1. The driveway shall be wid�ned to 26 feet to meet the City Code �� require�nerits. 2. The parking lot plan shall be revised to provide access to the northeast side of the building for emergency vehicles subject to approval by the Fire Deparirt�ertt. 3. An aukamtic fire alaYm systetn mist be installed and tmoked to the dispatch ceq►ter at the CotLage Grove Police Station. 4, lletailed landscape plan shawing the n�ber, size and species of all new plant materials sha21 be submitted and approved by the P1am�ing Depart�ent prior to issuance of the building permit. A bond ur letter of cred.it shall be submitted guaranteeing cc�►letivn of the plan. 5. Percolation tests and soil borings shall be submitted prior to issimrice of the building peimit. 6. The building desigrt shall be revised to include uniform material.s and design an alI sides of the structure, except the ilortheast side. 7. Detailed building plans shall be reviewed and approved by the Building Inspector and Fire Marshall. �I � Resolution No. 84-1 Page Two � Passed this 4th day of January � 19A4. C - T yor Attest: _��f' - er c - : Intraduced by; Cou��ilman Brown ' Seconded by: Councilman Denzer ; � Yoting in favor: Councilman BroNn. Councilman Uenzer, Councilman Hammero, � Councilman Raun and Mayor Peterson � � Voting against: Nane � 0 � 83-77 � � S Ey f. } 1 6 � � .� � � � � � � � ....._F�,_�:.er.i .... ..._.. . . . ..,