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HomeMy WebLinkAbout2015-11-02 PACKET 06.1.Planning Staff Report Planning Cases CUP15-027, V15-028, MS15-029 Expansion of Non -Conforming Uses October 26, 2015 Proposal Stu -Mac Properties c/o 61 Marine & Sports is requesting a minor subdivision of parcel number 36.027.21.41.0006, a landscaping coverage variance, and a conditional use permit for the ex- pansion of the nonconforming use at 11730 Point Douglas Drive South to include an expansion of the outdoor sales and storage yard onto a contiguous property located to the west side of the existing developed property. - EXPSION AUA ,sem A&L Location Map Site Ortho Photo Minor Subdivision Detail Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 2 of 15 Background The proposed expansion involves a triangular tract of land directly west of the existing devel- oped site. The applicant recently purchased the property and is seeking to do a phased expan- sion of the site. The expanded area will be utilized for additional exterior sales and storage area and eventually a new sales building. This use is legal non -conforming and is the trigger for this conditional use permit request. The new expansion area is being treated as a contiguous portion of the applicant's existing parcel from a zoning perspective. In the spring of 2015, the City was made aware that the applicant was expanding the commercial use on the property without appropriate approvals and permits. The expanded activity included tree removal with grading activity and building occupancy. This application process will address the expanded use on the site. Prior to application being made, the City Building Official and City Attorney worked with the applicant and his attorney to resolve any outstanding issues that would not be addressed during the current review. Property Characteristics The expansion site currently has two houses and associated wells and septic and numerous detached accessory structures. All but one of the structures will be razed from the site. The re- maining structure was converted to a maintenance/storage facility through a post -construction building permit. Demolition permits and photo documentation will be required prior to any struc- tures being removed from the site. A detail of the existing site conditions is included below with the structures to be removed in red. The existing structure on the site is located in the develop area, which has had numerous additions over the years, along with bituminous parking and storage areas and graveled storage areas. - -- - _ -- v .mss- � Existing Site Detail Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 3 of 15 Zoning and Land Use The applicant's property is currently guided for commercial and is zoned B-2, Retail Business. Zoning Map Detail Planning Considerations Conditional Use The applicant currently sells and services recreational vehicles, boats, motors, trailers, and re- lated equipment and parts. This use is conducted inside and outside of buildings on the site. The applicant wishes to expand the outdoor sales and storage area on the site in the referenced expansion area. The site detail below identifies the proposed exterior storage expansion area. Site Ortho Photo with Expansion Area Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 4 of 15 The existing and proposed use is currently a nonconformity in that it is not allowed as a per- mitted or conditional use within the B-2 zoning district. The existing zoning text from Title 11-11- 1013-1: Permitted, Conditional, Accessory, and Interim Uses, is shown below. Zoning District Use Type MR References Automobile. motorcycle. Iratler. recreational vehicles. boatsrmarine. and farm implemenl eslablishments for display. hire. service. rental and'or sales conducted entirely vrithin a P P 1 141, 11-49 building. including. as incidental to these major uses.. all repair work in connection wilh their own and customers' vehicles Automotive. motorcycle. Irailer. recreation vehicles. boalsrmarne and farm implement eslablishments for display. hireservice. rental and'or sales conducted outside a building C 11-1. 11-49 The proposed expansion area is a separate tax parcel that is not currently part of the applicant's existing legal non -conforming property, but the City Attorney indicated that if there was contigu- ous ownership of the property, which can be accomplished by combining the properties as one taxing parcel, then it could be considered as an expansion of a legal non -conformity. Failure to combine the parcels would prevent the conditional use on the expansion property. 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. Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 5 of 15 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 phased expansion. Site Plan The proposed site plan includes the existing developed structures, parking, and storage areas on the eastern portion of the site. The only changes proposed in this area are a new access connection between the existing developed site and the new western expansion area and the hard surfacing of the access lane in front of the property. The approval of the eastern storage area in 2014 required that the storage area be reduced to behind the principal structure upon ownership of the property. Ownership transfer has occurred, and the removal and restoration will be a continued requirement for this review. The final grading/site plan will be required to reflect this condition including the access drive extension. - �JI�,1� MANACE OFF SITE DRAT NACE Fl I'Hi71=05E1]SIC71ih1NiAlEfi 1 CIbEINfS`I IV lJ,1 JR=5 �I'EN�NG ''lAL:.ArL:l I�rJjJ]f rfJ�}IJ�{i f f 4 i �I + !r IA.VACEMENTI '•.L „". IrI�I++ffl+{}I�.y;���-,-�:-� -� Pel �.. , � � ye i .. u v _ "'RASH R -CYCLING ` c•:' e :_,/ I sTcw,erae STORAGE AREA I iEN7'N ! yam' FLC LUFEN t 4 \ \ '~ `� .•--. r ', .+' FXISTING BUIR DING C3 RrMAIN xISTINe i \l ` \\ f 1"I• f uNUT /: �� { l-rl'.] ' \�'� �>'•\ A i. � � - \ ,t FIS \ ! � " l 1 ll 1 ASPH- DRIVE f AccESs ro J ti w \\ 1 A 5 GATURII PROPERTY J � i'ROPpgEP EMPLOYEE � l � � i �- ". 1 t- — PAWjI AREA '` { -_ ce,- — �.� R.ti '� fr` Eastern Developed Area Site Detail The new western expansion area is proposed to be completed in phases and includes the reten- tion of the existing maintenance/storage building, employee parking lot construction and striping, site grading, stormwater management basin creation, tree removal, landscaping, fence installa- Planning Staff Report — Planning Case No. CUP15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 6 of 15 tion, and the future construction of a sales and storage building. The construction of the new sales/storage building must conform to the City's commercial architectural standards. It will re- quire an administrative site plan review and building permits. Construction of this structure will also require that all gravel storage areas on the western expansion site be hard surfaced with concrete or bituminous and include concrete curb and gutters. nrrsl-r ..�, �/� MAYAGE!3FFSITEDRAINAGE i1 `' 1 1 1 if r1 , 11111 ` ` - f F'riGl=/JSEI]SrOrarrl'r1Rl ER ,r. .,`.,r .,11.,111.11YA11 T11.. ,1.. / rrrrrr' =%IW ING SI NUG1 JI@=9 1C BE ZEr.1CVE] 5�7 / tf tr9`_41'dALRIi:Y EN ]INC I /r rXISTI+,GTRrrS rel REr.1RIN \ \ I INti j^ GkA��L F rr `R?.SH:R'CYCLINO STORA:E AREA rrrrrr' =%IW ING SI NUG1 JI@=9 1C BE ZEr.1CVE] 5�7 / tf tr9`_41'dALRIi:Y EN ]INC I wf I (+([l PROPOSED PENCE �`� .._�, D. +TI[,:v �y \ `ate �` I.�vHur EXISTING CULVERT$ (TvP.] tip✓ �•,\ r \ ` - owlr 5. /- ✓ r — J r f PROPOSW EMPLOYEE PAWING AREA- ', /r✓11r^-. `4 .`,\ \\� �`\tib\4` i 1` '--.� �` Western Expansion Area Site Detail F%S-NG L1111 f]N _ pp❑ RFNIAh 41 I. 1 I�I, 1L tl r ASPHA_r]DRIVE } ACCESS rO 1 CATURIA. PROPERTY 1 Access The access to the site is not modified by the proposed expansion, and no additional trips to the site are anticipated other than the occasional delivery of boats and other recreational vehicles that would be stored and processed on the site. The applicant is proposing to install a bituminous surface to the previously approved access drive from their existing parking lot to the 2014 storage area located to the east of the main building on the site. Hard surfacing was required but never completed. This drive is located in an area that is on the applicant's property, but it is within a public right-of-way easement created in the City's favor. Future public improvements in the easement area could impact the new access drive or require that it be removed. The required reduction of the eastern storage area to behind the front plane of the principal structure will necessitate that the drive be extended to the relo- /r I INti j^ GkA��L F rr `R?.SH:R'CYCLINO STORA:E AREA 1 wf I (+([l PROPOSED PENCE �`� .._�, D. +TI[,:v �y \ `ate �` I.�vHur EXISTING CULVERT$ (TvP.] tip✓ �•,\ r \ ` - owlr 5. /- ✓ r — J r f PROPOSW EMPLOYEE PAWING AREA- ', /r✓11r^-. `4 .`,\ \\� �`\tib\4` i 1` '--.� �` Western Expansion Area Site Detail F%S-NG L1111 f]N _ pp❑ RFNIAh 41 I. 1 I�I, 1L tl r ASPHA_r]DRIVE } ACCESS rO 1 CATURIA. PROPERTY 1 Access The access to the site is not modified by the proposed expansion, and no additional trips to the site are anticipated other than the occasional delivery of boats and other recreational vehicles that would be stored and processed on the site. The applicant is proposing to install a bituminous surface to the previously approved access drive from their existing parking lot to the 2014 storage area located to the east of the main building on the site. Hard surfacing was required but never completed. This drive is located in an area that is on the applicant's property, but it is within a public right-of-way easement created in the City's favor. Future public improvements in the easement area could impact the new access drive or require that it be removed. The required reduction of the eastern storage area to behind the front plane of the principal structure will necessitate that the drive be extended to the relo- Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 7 of 15 cated storage area. The eastern storage area parcel is being created through the minor subdivi- sion request that is detailed in this report. r FI URF t I I L) kTIQ'A S I� ! _ FJILK= e7 F1 = i ti 4 �:_-ATLJRIA .ACCESS ro F`ROPEK r { 4 1 t s' a' 4 } x "7AA f• �— -- — __ -- `� � ti• r' � � ��` _ __ � P � ,� � -mow. Grading and Stormwater Management The applicant contracted with an engineering firm to complete a stormwater management plan and associated grading plan, which has been reviewed and approved by the City Engineer. The final grading plan and site grading of the property must be consistent with this plan. Planning Staff Report — Planning Case No. CUP15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 8 of 15 ■ ------------ r ._______________________---- � } --------- ----"- I _____------ ------ - rid r- ;r .A + I iM1 � rrw�eaa so � I I - - - 1 "-------- l i l + !I I g I1 ��1 Si_ I ATAAA Fencing The applicant is proposing to install galvanized chain link fencing similar to their existing fencing around the exterior perimeter of the expansion areas. It is recommended that the front fence along Highway 61 be constructed with ornamental fencing meeting the City's standard detail plate for commercial properties or black vinyl -clad chain link fencing. The remaining fence mate- rials shall meet the ordinance criteria related to commercial fencing. Tree Preservation Prior to making application with the City, the applicant removed a portion of the trees from the site. Because of the post construction identification of this tree removal, the City Attorney nego- tiated the payment of a tree mitigation fee of $7,000 and the planting of 11 Category B replace- ment trees on site. This requirement must be satisfied prior to June 1, 2016. Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 9 of 15 - a 't y4� $' r �j Tree Preservation Area Tree Inventory Map Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 10 of 15 Landscaping A landscaping plan was submitted with the application materials and is detailed below. r Submitted Landscaping Plan The storage and parking area is lacking a minimum of 8% vegetation cover. The Applicant is requesting a variance from the minimum landscaping requirements which require 8 percent of parking areas to be vegetated. It is recommended that additional landscaping be installed in the in front of the employee parking lot, in the area between the proposed bituminous access drive and around the display patio at the front of the main building. A final landscape plan shall be submitted with the grading application. Variance Reqest Because this is being reviewed as a phased development project, the deviation from the parking lot surface and curbing requirements for commercial properties is not being treated as a vari- ance. Through the conditional use process, any additional development of the site will require compliance with City ordinance criteria related to parking lot construction and architectural design. The variance being requested is from the City's requirements for landscaping coverage. With any variance request, the Planning Commission must look to the zoning ordinance for guidance and direction. City Code Title 11-2-7: Variances, states that: A. Authority And Purpose: The council may grant variances from the strict application of the provisions of this title and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 11 of 15 D. Consideration By Planning Commission; Recommendation: Before authorization of any variances, the request therefor shall be referred to the planning commission, and for its recommendation to the city council for the granting of such variance from the strict application of the provisions of this title so as to relieve such practical difficulties to the degree considered reasonable without impairing the intent and purpose of this title and the comprehensive plan. The planning commission shall recommend such conditions related to the variance, regarding the location, character and other features of the proposed building, structure or use, as it may deem advisable. The planning commission shall make its recommendation within sixty (60) days after the request is referred to it, unless the applicant re- quests, in writing, that an extension of time for review be granted by the planning commission. The planning commission may recommend a variance from the strict application of the provision of this title, if they find that: 1. The variance is in harmony with the purposes and intent of this title. 2. The variance is consistent with the comprehensive plan. 3. The proposal puts the property to a reasonable use. 4. There are unique circumstances to the property not created by the landowner. 5. That the conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 6. That the purpose of the variance is not based exclusively upon a financial hardship. 7. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 8. That the proposed variance will not impair an adequate supply of light and air to adjacent prop- erty, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. In reviewing the ordinance criteria in relation to this case, all criteria could be answered affirmatively. The applicant's response to the ordinance criteria is attached. Minor Subdivision Request In 2014, the applicant obtained approval to expand the legal non -conforming use onto a leased portion of the adjacent property to the east. One of the conditions of that approval was that upon termination of the lease, the fence and gravel be removed, or that upon ownership, it would be combined with the same taxing parcel as the principal use. The applicant has acquired the leased property, and the minor subdivision application will allow for the parcel to be created to facilitate the required lot combination. Stormw, for the new parcel with the balance of the area ferred until that property develops in the future. iter management area charges will be required charges on the remnant parent parcel to be de - The area charge calculation that will be required prior to recording the plat is $9,091. The parent parcel is currently leased for agricultural purposes. Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 12 of 15 Minor Subdivision Detail Summary • The operation of the current nonconforming use on the site has been conducted without any negative consequences, and the proposed expansion is expected to operate in the same fashion. • The proposed commercial expansion is consistent with the designated land use. • The proposed commercial expansion has been found to be consistent with the balance of the criteria for issuing a conditional use permit. Findings for Variance A. Traffic flow would be hindered by inclusion of interior vegetative landscaped islands in the exterior storage area. B. The existing tree preservation areas provide adequate screening of the storage area. C. The new required landscaping adjacent to the new employee parking area meets the screening and shade intent and purpose of the landscape ordinance. D. The ordinance allows up to 75 percent site coverage for buildings, parking, and other imper- vious areas. E. The rural location of the property and existing trees on the site after site development are unique when compared with brownfield developments within the urban area. F. The requested variance does not create any negative burdens or undue hardship on adja- cent properties or the general public. Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 13 of 15 Recommendation That the Planning Commission recommends that the City Council adopt a resolution approving a minor subdivision of parcel number 36.027.21.41.0006, a landscaping coverage variance, and a conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include an expansion of the outdoor sales and storage yard onto a contiguous property located to the west side of the existing developed property. 61 Marine & Sports Conditional Use Permit Conditions of Approval: 1. Resolution Nos. 84-07, 93-103, 98-178, 13-117, and 14-058 and all uses permitted by said resolutions shall be revoked. 2. The construction of the new sales/storage building will require conformance to the City's commercial architectural standards, an administrative site plan review, and building and grading permits. 3. Any additional expansion on the site shall require a conditional use permit amendment and all required City permits. 4. All applicable permits (i.e.; building, electrical, grading, mechanical, right-of-way) 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 or City Engineer. 5. The front fencing along Highway 61 shall be constructed with ornamental fencing meeting the City's standard detail plate for commercial properties or be constructed of black vinyl - clad chain link fencing. The remaining fencing materials shall meet the ordinance criteria related to commercial fencing. 6. Exterior storage and display is prohibited outside of the fenced storage area. 7. Exterior storage and display are permitted on the concrete patio in front of the principal structure. 8. The storage area along the east side of the site shall be reduced to the area behind the front plane of the principal building, and the fencing and gravel shall be removed and the area restored. 9. The areas identified as bituminous shall be constructed prior to June 1, 2016. 10. The new bituminous access drive from the existing parking lot to the front of the expan- sion area will be located in an area that is on the applicant's property, but within a public right-of-way easement created in the City's favor. Future public improvements in the easement area could impact the new access drive or require it to be altered or removed. The costs associated with the alteration or removal are the applicant's responsibility. 11. Display or parking of vehicles is prohibited on the new bituminous access drive. Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 14 of 15 12. The access drive construction requires a public right-of-way permit. 13. Additional landscaping consisting of ornamental trees, shrubs, perennials, and hardwood mulch shall be installed adjacent to the proposed bituminous access drive and the display patio at the front of the main building. A final landscape plan shall be submitted with the building permit application. 14. The construction of the identified future sales and storage building will require that all gravel areas on the site be hardsurfaced with concrete or bituminous and shall include concrete curb and gutter per the City's commercial parking requirements at that time. 15. The exterior finish materials of the future sales and storage building shall meet the City's architectural standards at the time of construction. 16. The display or parking of vehicles in the existing public right -of way easement is pro- hibited. 17. The applicant shall plant 11 Category B trees between the public right of way for Highway 61 and the new employee parking area. 18. Trash and recycling containers shall be contained in enclosures meeting City ordinance criteria. 19. All mechanical equipment and general storage shall be screened from public view as reviewed and approved by the Community Development Department. 20. Prior to a grading permit application, a detailed landscaping plan shall be submitted that meets the approval of the Community Development Department. 21. Prior to the release of the grading permit, a bona fide cost estimate of the landscaping improvements 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 that the required as -built survey has been submitted. No building or right -of way permits will be issued until the required financial guarantee has been received and accepted by the City. 22. All outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. 23. The grading plan and site grading of the property shall be consistent with the approved surface water management plan. 24. The applicant is responsible for the maintenance of the new stormwater basin in conformance with the approved grading plan at all times. Planning Staff Report —Planning Case No. CUP 15-027, V15-028, MS15-029 61 Marine & Sports Expansion of Non -Conforming Use October 26, 2015 Page 15 of 15 25. Any violations of the approving resolution may trigger review of the use by the City Council and be cause for possible amendments to or revocation of the interim conditional use permit. Minor Subdivision Conditions 26. Parcels 36.027.21.42.0023, 36.027.21.41.0005, and 36.027.21.0017 shall be combined as one taxing parcel with the property legally described as: THAT PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID NORTH 1/2 OF SOUTHEAST 1/4 DISTANT 1460 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH, AT RIGHT ANGLES TO SAID NORTH LINE, TO THE INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE TRUNK HIGHWAY 61, SAID POINT OF INTER- SECTION BEING THE POINT OF BEGINNING OF THE PARCEL TO BE DE- SCRIBED; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, 250 FEET; THENCE DEFLECT TO THE RIGHT 90 DEGREES, TO THE INTERSECTION WITH A LINE BETWEEN THE AFORE -DESCRIBED POINT OF COMMENCEMENT AND THE AFOREDESCRIBED POINT OF BEGINNING; THENCE SOUTHERLY TO THE POINT OF BEGINNING AND THERE TERMINATING 27. A surface water area charge in the amount of $9,091.00 shall be paid to the City prior to the release of the deed for recording with Washington County. 28. The surface water area charge shall be paid prior to the release of any grading permits related to the expansion project approved through this resolution. 29. All accessory buildings in use on the parent parcel shall be constructed in a good work- manship like manner, and not include exterior storage in public view. Variance Conditions: 30. All new and existing vegetation/landscaping located between the Highway 61 public right- of-way and the fence storage area shall be maintained at all times and replaced with vegetation that has a 50 percent opacity if future removal is required due to demise of the vegetative material in this location. Prepared by: John M. Burbank, AICP Senior Planner Attarhments- Applicant's Response to Ordinance Criteria Lot Split Legal Description Existing Site Conditions Site Plan Grading Plan Landscaping Plan Responses to: CONDITIONAL USE PERMITANTERIM CONDITIONAL USE PERMIT RESPONSE TO ORDIANCE CRITERIA A. Yes, the city adopted ordinance 920 for expansion of a non -conforming uses by conditional use permit. To allow for the expansion of the current use to part of lot 2 (north of block 1) that was purchased by the applicant in the 2008, the city adopted resolution 2013-117. The pending application is for the portion of lot 2 west of lot I purchased by the applicant in 2014 is to expand the same use. They city previously approved expansion in 2014 to the east comprising approximately a 1 acre site, the Caturia parcel. The Caturia parcel is being leased, and is now being purchased. B. Zoning district for the property is B-2 for all of lots 1 and 2, Seeger addition and the Caturia land to the southeast. The current use of the property is permitted by conditional use permit. C. Applicants use on the property has been in place by the current owner for eighteen years and by the predecessor owner, John Seeger since 1984. There will be no impact on surrounding property. The applicant will simply extend the current use to include the remaining portion of lot 2 that has been used for residential purposes. D. Applicants current use of the property has been in place for over thirty-one (3 1) years, and there have been no adverse impacts. E. The property access is from. highway 61. The applicant's property does not use any, city streets, therefore there is no traffic congestion or unsafe access. All parking on the property is accommodated with current parking or expansion as proposed under the submitted plan. F. The Lot 1 building site is served by onsite septic system. The septic system was upgraded in 2009. The 1984 plat of the property was approved with access on a public right of way with direct access to 61. Police and fire protection has been available to the property since the original construction over thirty-one (31) years ago and there will be no additional demands for city services. G. The use of the westerly portion of lot 2 is residential, and is a non -conforming use, and will changed to B-2. The use is the same that has existed on Lot 1 for over thirty-one (31) years. There will be no further demands for public services beyond what is currently in place. H. Most of the site has already been developed and in use for over thirty-one (31) years. The grading and drainage plan submitted complies with the city's storm water plan, and onsite ponding will be incorporated as part of the grading plan. The ponding will accommodate storm water for any future building and asphalt parking lot, and storm water runoff for the land to the north. The pond is designed so it will not have to be expanded if further improvements are made. There are no natural or scenic features. The land to the southeast of the Seeger plat is also zoned B-2. The expansion of the current use will not impact the adjacent property or its future development. I. There are no adverse environmental affects. J. The plat of the Seeger addition dedicated right of way along the southeast edge of the property and parallel to highway 61. That right of way will provide access to the adjacent property without requiring any additional access points to highway 61. A roadway easement dated December 31, 1973 recorded May 1, 1975 as document 40601 is in favor of James J. Caturia and Margret A. Caturia. The easement grants a permanent roadway easement beyond the right-of-way dedicated in the plat that extends the right-of-way from the road and the right-of-way in the plat. The only use of that easement now is by people who farm the property and use it for farm implement (mainly tractors). The site current use is "self contained" and will use the current access from highway 61 and the right of way dedicated in the plat for access. Therefore, there will be no impact on any adjacent land that will negatively impact future development. LEGAL DESCRIPTION CATURIA/STU-MAC MINOR SUBDIVISION APPROVAL THAT PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID NORTH 1/2 OF SOUTHEAST 1/4 DISTANT 1460 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH, AT RIGHT ANGLES TO SAID NORTH LINE, TO THE INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE TRUNK HIGHWAY 61, SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, 250 FEET; THENCE DEFLECT TO THE RIGHT 90 DEGREES, TO THE INTERSECTION WITH A LINE BETWEEN THE AFORE -DESCRIBED POINT OF COMMENCEMENT AND THE AFOREDESCRIBED POINT OF BEGINNING; THENCE SOUTHERLY TO THE POINT OF BEGINNING AND THERE TERMINATING �z Z= W �a x of � O > ru a w 0 uo �o o Uo wa �, a r O 0, Da � � Z oa oa o ��� ;;lk v o a o o r y a I a if- ' O v cz�r,`r r r t o_ st ---_� % r x �: _ i t O ,. w C7 rl \ _ -. 0 - - �C Sr�_ , prr W w o a , � f � - D �� -- Sys--' � --0 � i �,�✓�rrr� �:' _ v � e / r \ /xao�� ---- _ _----- drr�.wrr�r.irF� ��, i r r � — rrr r r ---�_— r 11 -- r� r�ri /r r U it - r - r r r _ s r r p 0 O F W w - > m 0. r ° - - w o =- F p F w `L m w Y g p O w WO F Oow O Y if x rn N rtO w w ze x nr r r r � W, O z J a O w w z V~ 1- i.• r rr r r, ri ilii % / / r o w c07 co U W . 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