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Home My WebLink About2019-06-24 PACKET 06.2.STAFF REPORT CASE: CUP19-026, SP1 9-0279 V19-028 ITEM: 6.2 PUBLIC MEETING DATE: 6/24/19 TENTATIVE COUNCIL REVIEW DATE: 7/17/19 APPLICATION APPLICANT: Stotko Speedling Construction, on behalf of Mopeca Real Estate, LLC REQUEST: A conditional use permit to allow a restaurant with liquor; a site plan review of exterior remodeling and patio; and a variance to minimum parking requirements. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 7165 East Point Douglas Road South B-3, General Business Mixed Use LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Commercial Mixed Use EAST: Commercial Mixed Use SOUTH: Commercial Mixed Use WEST: Highway 61 Highway 61 SIZE: N/A DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � 4/'ere Pride and Prosperity Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; iburbank(o)_cottagegrovemn.gov Application Accepted:. 5/29/19 60 -Day Review Deadline: 7/28/19 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Las Margarita's Relocation Planning Case No. CUP2019-026, SP2019-027, & V2019-028 June 24, 2019 Proposal Stotko Speedling Construction, on behalf of Mopeca Real Estate, LLC, has made application for the following: 1. A conditional use permit to allow a 6,200 square foot restaurant with liquor to be located at 7165 East Point Douglas Road 2. A site plan review, including exterior elevation remodeling and an outdoor patio addition 3. A variance to minimum parking requirements. 01 �Ff Frf f4Y�} i� sarw ST 71 WA97,m Fq i 00 SITE 1�G< ., �C a V' r c T� f 0. Location Map Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 2 of 15 {' IM or, 11 Site Ortho Photo Submital Documentation The site plan that was submitted with the application was prepared by David L. Harris Architect on May 29, 2019. Review Schedule The application was received on May 29, 2019. The application was deemed complete on May 29, 2019. The 60 -day application review expires on July 28, 2019. The 120 -day review extension date is September 26, if exercised. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 3 of 15 2019 Existing Site Plan with Patio Addition Planning Considerations I N y-_ 3cr SITE PLAN THIS srrE Peva ARC341TEcru REPRESENTSI PR9NCYD BY CONDITIONS 5 VERIFIED PRIG ODNSTRL�CTION. PLMS PRE OTHERS. NOTE Is Pal OFLYAHD NFOFWTDN OTHERS. ALL HALL RE RTO NEERM PAF�D BY Background Information Since 2004, the applicant has operated a 4,417 square foot Class One Restaurant with Liquor at the Shoppes at Gateway North multi -tenant retail building. A parking variance limited the seating to a maximum of 160 seats. There is a total of 92 shared parking spaces at the Shoppes. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 4 of 15 WS q2 Total ■ i � r a� l Shoppes at Gateway North The applicant has purchased the 6,200 square foot Perkins Restaurant, which has been vacant since September 2018.The applicants are proposing the redevelopment of the property in order to relocate their current Class One Restaurant with Liquor. The proposal includes 222 seats and 65 parking spaces. Comprehensive Plan — Future Land Use Designation The future land use map in the City's 2040 Comprehensive Plan shows this property to be guided as Mixed Use. The proposed development is consistent with that designation. Zoning This parcel is currently zoned within the B2 zoning District. The proposed uses within the project are consistent with that zoning designation. Conditional Use Permit The City Code requires that restaurants serving liquor obtain a conditional use permit in addition to a City -issued liquor license. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 5 of 15 When reviewing conditional use permits, the Planning Commission looks to Title 11-2-9F, Crite- ria for Issuance of Conditional Use Permits, 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 if the minimum parking requirement variance were to be granted, then the CUP criteria could be met and the CUP for the requested restaurant with liquor use could sub- sequently be approved utilizing the same approval conditions imposed on other restaurants serving liquor. The applicant's response to the ordinance criteria is attached. Architecture The applicant is proposing to remodel the existing building to be consistent with the Gateway North Commercial District architectural standards while presenting an image reflective of their business. The remodeling would also include the addition of an outdoor seating patio along the west elevation. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 6 of 15 Proposed Front Elevation Proposed Rear and South Side Elevation Interior Design and Patio Detail Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 7 of 15 Site Information Setbacks The minimum setbacks for the property are not impacted by the proposed expansion of the use on the site. Utilities The subject property is located within the Metropolitan Urban Service Area (MUSA) and the ex- isting and proposed use are adequately served by public utilities. Parking Requirements and Parking Variance Request The current ordinance criteria have two methods of calculating required parking, and whichever is greater is used. The current ordinance criteria are detailed below. Restaurants, classes 1 and 2, cafes, I At least 1 space for each 3 seats, based on capacity design or, where there is no design cafeteria food, traditional restaurants layout, 1 space for each 60 square feet of gross floor area, whichever is greater Restaurants, classes 1 and 2, bars, At least 1 space for each 3 seats, based on capacity design or where there is no design layout, taverns, nightclubs 1 space for each 50 square feet of gross floor area, whichever is greater. Except that in cases in which there is a bar area separate from the food service area, a dance area larger than 100 square feet, or other public areas, additional parking will be required as necessary Restaurants, class 3, drive in estab- At least 1 space for each 60 square feet of gross floor area in the building lishmen ts and fast food restaurants The gross square footage calculation of one stall per 50 square feet found in the ordinance always is greater than the one space per three seats. It has been discussed in the past that the square footage methodology creates a false parking demand for nonpublic interior spaces such as the kitchen, dry storage, cold storage, food prep areas, private offices, as well as bathrooms. The City is currently looking to review the commercial parking standards to address this conflict- ing methodology. Restaurants without liquor are calculated at one parking stall per 60 square feet. Utilizing this methodology would have resulted in the required parking of the former Perkins restaurant to be 103 parking spaces and clarifies the flaw in using the square footage methodol- ogy. The existing 65 on-site spaces served the former restaurant well for many years, and it is expected that it will suffice for the new use as well, even with the addition of the liquor use. As a component of the requested parking variance, the applicant's specific request is to use the one space per three seat calculation found in the ordinance. This would result in the site having one additional space over the required parking using the one -per -three methodology. A detail of the parking analysis as completed using that methodology is provided below. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 8 of 15 PARKING ANALYSIS 222 SEATS TOTAL DINING AND BAR 174 3 = 58 PATIO 1 ST 30 -NO PKG REQ. PATIO- 1E OVER 3a'3=8 TOTAL PARKING REQ. = 54 TOTAL PARKING PROVIDED = E5 SEE FLOOR PLAN FOR AREA TOTALS Parking Calculation Detail — One Per Three Seats 14 5 Existing Parking Field 1 Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 9 of 15 The following table was prepared of similar uses using both parking calculation formulas cur- rently contained in the City ordinance. • First 30 Patio seats =0 Parking stalls & over 30 = one per 3 seats The parking variance as submitted is the applicant's attempt to address the drastic difference in required parking as based on the ordinance criteria. With the one parking stall per per three seat methodology, the parking field of the existing former restaurant meets the parking needs for a restaurant with liquor. With the one stall per 50 gross feet methodology the required parking would be 130 spaces. The applicant has also suggested that the cul-de-sac entrance could be converted into additional parking if there is a demonstrated need. Based on a lack of a setback adjacent to this proposed parking, staff does not support this option. ACCESS CLOSED AND PARKING A� 4S.?q ` 76.97 — TRASH ENCLOSURE ,y d Demonstrated Parking Detail REQUIRED # OF BUSINESS NAME PARCEL SQUARE SEATING SPACES PARKING ACREAGE FEET SPACES 1:50 Sq 1:3 PROVIDED Ft Las Margarita - Existing 2.54 3,415 128 68 43 Shared - 78 Las Margarita - Proposed 1.14 6,200 222 130* 64 65 Applebee's 0.666 4,974 164 100 55 Shared Carbone's Tenant 7,365 166 147 55 Shared -102 Ho King - Target Mall Tenant 2,618 96 52 32 Shared -179 River Oaks Municipal Golf 103 7,302 350 146 117 Shared - 295 Course Muddy Cow 2.18 5,315 260 106* 86 118 • First 30 Patio seats =0 Parking stalls & over 30 = one per 3 seats The parking variance as submitted is the applicant's attempt to address the drastic difference in required parking as based on the ordinance criteria. With the one parking stall per per three seat methodology, the parking field of the existing former restaurant meets the parking needs for a restaurant with liquor. With the one stall per 50 gross feet methodology the required parking would be 130 spaces. The applicant has also suggested that the cul-de-sac entrance could be converted into additional parking if there is a demonstrated need. Based on a lack of a setback adjacent to this proposed parking, staff does not support this option. ACCESS CLOSED AND PARKING A� 4S.?q ` 76.97 — TRASH ENCLOSURE ,y d Demonstrated Parking Detail Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 10 of 15 Ordinance Criteria With any variance request, the Planning Commission must look to the zoning ordinance for guidance and direction. 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. D. Consideration By Planning Commission; Recommendation: Before authorization of any variances, the re- quest 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 requests, 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 property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. The City's Technical Review Committee did not express concerns related to the parking vari- ance request. The applicant's response to the ordinance criteria is attached. Traffic/Access The current internal drive aisles and the two ingress/egress points for vehicular traffic supporting vehicular movements to, from, and within the site are not proposed to be modified by the pro- posed expansion of the use on the site. The adjacent roadways are adequately designed and constructed to accommodate the additional commercial traffic that could be caused by the ex- panded use. Pedestrian Access The current sidewalks and trailways supporting pedestrian movements to, from, and within the site are not proposed to be modified by the proposed redevelopment of the use on the site. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 11 of 15 Surface Water Management The addition of the impervious surface related to the outdoor patio will require that a surface water management plan be submitted, and the plan will be required to meet the approval of the SWWD and the City. Tree Preservation No required landscaping trees within the site are proposed to be removed or modified by the proposed expansion of the use. Signage The wall signage is identified on the building elevations, and no additional sign information was provided with the application material, but any signage would need to be in compliance with the City sign code. There is an existing variance related to sign height, which exceeds ordinance criteria by 45 feet. The sign copy area is limited to a maximum of 35 square feet under current ordinance criteria. Staff will continue to work with the applicant to resolve this identified conflict. It is recommended that a comprehensive sign package be submitted prior to the request being placed on the City Council Agenda. Pylon Sign Detail Landscaping Given the fact that no external site modifications are proposed, a landscaping plan was not submitted. Whenever an existing use on a property comes before the City for review, the prac- tice has been to ensure that the landscaping on a site is healthy and meeting the original approved landscape plan. Any approvals or permits related to this application should include language requiring the replacement of any dead or missing landscaping prior to the certificate of occupancy. A revised landscaping plan is required before the item is presented to the City Council. Below is a detail showing the existing landscaping beds. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 12 of 15 E M Existing Landscaping Beds Detail Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin and mailed to the 17 property owners who are within 500 feet of the property on June 12, 2019. Summary A. The proposed use is compliant with the City's Future Vision 2030 and 2040 Comprehensive Plans. B. The proposed use is permitted under the current zoning classification for the property. C. The proposed development is adequately served by public utilities. D. The surface water management plan for the project meets State, Watershed District, and City performance standards. va�V,L i. .9Nn M Existing Landscaping Beds Detail Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin and mailed to the 17 property owners who are within 500 feet of the property on June 12, 2019. Summary A. The proposed use is compliant with the City's Future Vision 2030 and 2040 Comprehensive Plans. B. The proposed use is permitted under the current zoning classification for the property. C. The proposed development is adequately served by public utilities. D. The surface water management plan for the project meets State, Watershed District, and City performance standards. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 13 of 15 E. If the conditional use permit is approved, reasonable conditions will be applied in the approv- ing resolution to ensure the expanded restaurant serving liquor would not constitute a detri- ment to adjacent properties and surrounding land uses. F. The action on the conditional use permit is dependent on an affirmative action of the variance. Recommendation That the Planning Commission recommend that the City Council take the following actions; 1. Approve a variance to the minimum parking requirements to allow use of the one parking space per three seat calculation methodology found in the ordinance, which makes the exist- ing 65 parking spaces on the site adequate for the proposed use, based on the following findings: Variance Findings A. The use has functioned on the existing multi -tenant property with shared parking for 15 years without reported negative consequences to shared tenant spaces, streets, or adja- cent properties. B. The proposed site is not a shared parking arrangement and will allow for more competi- tion free parking choices for patrons. C. The parking field of the current facility is often viewed by staff as not at capacity. D. Forty-six (46) of the seats are located on the outdoor patio and would not be utilized 100 percent of the time the restaurant is in operation. E. When the parking is calculated utilizing the one per three seats calculation methodology found in the ordinance the proposed onsite parking would exceed the required parking by one stall. F. The gross square footage calculation of one stall per 50 square feet found in the ordi- nance creates false parking demand for nonpublic interior spaces such as the kitchen, dry storage, cold storage, food prep areas, private offices, and bathrooms. G. The current building has been vacant and will be filled with a proven business asset to the community. 2.Approve a conditional use permit to allow a 222 -seat, 6,200 square foot restaurant with liquor to be located at 7165 East Point Douglas Road. 3.Approve the site plan set submitted 05/29/2019, including exterior elevation remodeling and an outdoor patio addition. The approvals are subject to the following conditions: Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 14 of 15 Variance Conditions: 1. Motor vehicle parking on East Point Douglas Road South in relation to the use shall be prohibited. Conditional Use Permit/Site Plan Conditions: 2. All applicable permits (i.e.; liquor, Health Department, building, electrical, grading, me- chanical, etc.) and a commercial plan review packet shall be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans shall be reviewed and approved by the Building Official and Fire Marshal. 3. A comprehensive sign package shall be submitted to the City prior to the item being placed on the City Council Agenda. 4. All signage must comply with the approved comprehensive sign package approved for the site by the City Council. A building permit must be issued prior to the installation of any new signs. 5. Existing stop signs on the site need to be replaced with new signs meeting City specifi- cations. 6. The landscaping on the site shall be enhanced to include additional building perimeter landscaping, perimeter landscaping, and parking lot islands. Any dead or missing land- scaping materials shall be replaced. 7. A landscaping plan shall be submitted to the City and approved by the Community Development Department. 8. A bona fide cost estimate of the landscaping improvements shall be submitted in con- junction with a letter of credit approved by the City In the amount of 150 percent of such estimate. Upon completion of the landscaping requirements have been completed. The City shall retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings. No building permit shall be issued until the required financial guarantee has been received and accepted by the City. 9. The building exterior elevations shall match the submitted renderings. Any future modifi- cations to the exterior finish shall meet the Gateway North Architectural standards and be approved by the Community Development Department. 10. Rooftop and ground mechanical equipment shall be painted and screened from view. Final exterior screening materials and colors shall be reviewed and approved by the Planning Division prior to the issuance of a building permit. 11. The outdoor patio shall be fenced per City commercial fencing standards detail and match the details provided in the site plan renderings. 12. The use of any outdoor speakers on the patio is prohibited after 10:00 pm on Sunday through Thursday, and 12:00 am on Friday and Saturday. Las Margaritas Planning Case CUP2019-019 & V2019-020 June 24, 2019 Page 15 of 15 13. 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 conditional use permit. 14. The project shall meet City and South Washington Watershed District management requirements. 15. If necessary, a stormwater management plan shall be submitted to and approved by the City prior to the issuance of a building permit. Prepared by: John M Burbank, AICP Senior Planner Aftat-hmcntc. Project Plan Set Exterior Elevation Renderings Applicant's Response to the CUP Ordinance Criteria Applicant's Response to the Variance Ordinance Criteria =ievation ;3 - a 1/8" = 1'-0" IYLVV VVIV VI I/ -.VL ..1 I •.��v =RONT 29 MAY 12" = V-0" NOTE: COLORS AS SHOWN ON THESE RENDERINGS ARE REPRESENTATIVE ONLY. SEE THE PHOTOS OF THE EXISTING HASTING LAS MARGARITAS INCLUDED WITH THIS APPLICATION FOR THE CORRECT COLOR SCHEME 12" _ 117 =levatlon 2 - a 1/8'. = V-01' I.,n "111. nn rn nn/\IC!'.T 1IIAIP /T\/m\ 3v 1/8"= 1'-0" IYLYY VL.1llI L11YV ACCESS CLOSED AND PARKING ADDED l� I \ —TRASH ENCLOSURE/ / `''oma (� TOTAL 65 PARKING SPACES Q / F PARKING ANALYSIS 9 S 222 SEATS TOTAL A DINING AND BAR 174 / 3 = 58 O PATIO 1 ST 30 - NO PKG REQ. / PATIO -16 OVER 30/3=6 tiT TOTAL PARKING REQ. = 64 �o O TOTAL PARKING PROVIDED �5roo OG (62) 9'x 19' SPACES \ (6) H.C. SPACES / CODE REQ. 3 9s SEE FLOOR PLAN FOR AREA TOTALS H.C. �f EXISTING BUILDING 7 � cp r 6' SITE PLAN 1 " = 30'-0" NEW DINING PATIO �. H H.C. . a. \ / N 1"=30' SITE PLAN NOTE THIS SITE PLAN IS ARCHITECTURAL ONLY AND REPRESENTS INFORMATION PROVIDED BY OTHERS. ALL CONDITIONS SHALL BE VERIFIED PRIOR TO CONSTRUCTION. RECEIVED MAY 2 9 2019 CITY OF COTTAGEGROVE WLu _ >.W 2z r cn w� ZU Z Q Z W W Q fr 2 p pU QQ Lu Q lY U) } W m Lu p Lu Lu Q H > m U_ w aJ 6i a (ASW J p p Lu IL cl) Q � Z=— p Lu �QzQW (� Q¢g�Z ui FaiaQ� mem= �° ZEr— F- u- O N < X:Lu Q Oz WPI-Ou) w m¢�U)WCC G 0_>2 (D LL¢WLL fO ¢ zpVa0 Q } cm = W M F o J o (L �OwMw > H-C_=0F O DATE: 29 MAY 2019 PROJ. NO. 3084-19 A-1 OF 2 Z lY Q H CD o cl) Lu (� ui Q > cc 0 LLI G Q Q o U or U) Q o 0 LL z J Lu < < 0 H LIQ C G Z p O I- U) a W m � oCL DATE: 29 MAY 2019 PROJ. NO. 3084-19 A-1 OF 2 it v m CD EN 3m 0 an ,TING NEW DIMING PATIO - 846 SQ. FT. 0 C Y 1001-61 PATIO AREA (46 SEATS) �— m m N 61'-0 21'-10" I II -- II KITCHEN (PLANS BY DINING / BAR / TILT. RMS - 31294 SQ. FT DINING AREA (138 SEATS) 34'- 2" MEMO (MKITCHEN AREA I Ijl I I I I II 17T I r j I 4 Ifl I � F I I FI J. 1 rF J' i1L I II F _ L t I II it I I I j I I I � I I i I I I � I I I I L—_J I I I I I I II SII o KITCHEN - 21148 SQ. FT. EMPLOYEE i REST ROOM riI i MEN'S r RESTROOMS HAVE BEEN WOMEN'S r REDESIGNED TO CURRENT CODE I I \� DINING AREA (138 SEATS) PATIO AREA (46 SEATS) 24' 6" BAR AREA (38 SEATS) 19'-8" mi RECEIVED MAY 2 9 2019 CITY OF COTTAGE GROVE • u c c Lou w cc O = U Q u c L a F CJJ Wa uj Q W D c cn 0 Lu < c Q C wco 2C cf) 4¢w � w c `s z2=1 i < Z<~ w- OZ r- z5r- �4 M5 m- Cc ❑—>=w I— cn gowa-0 Q 3: � ❑❑ 2 Q w m F 00 J 0 -Lu w 0 w ww > �a=or , w Q = yw g❑ F z w� Lou w cc O = U Q ❑ Cc:d �0 fn m w m W �= W W CJJ Wa uj Q W D L- cn 0 Lu < "' `-- t z=¢ < O C wco 2C cf) 4¢w � w mnLw= B z2=1 N < Z<~ w- OZ r- z5r- w M5 m- Cc ❑—>=w I— cn gowa-0 Q 3: � ❑❑ 2 Q w m F 00 J 0 -Lu w 0 w ww > �a=or o DATE: 29 MAY 2019 PROJ. NO. 3084-19 A -20F2 Q a F— `° L0 cn "' C cf) w B Q c7 LILJ H Q O U c%) Q J 0 � 0 Oo O Z J O LL, z U Lu W C O C G z O IQ Lr)CIDN x d O J n DATE: 29 MAY 2019 PROJ. NO. 3084-19 A -20F2 RECEIVED JUN 18 2019 CfTY OF COTTAGE GROVE RECEIVED JUN 18 2019 CITY OF COTTAGE GROVE Cottage � Grove ere Pride and P,,,Perity Meet Community Development Department Planning Division 12800 Ravine Parkway South Telephone: 651-458-2827 Cottage Grove, MN 55016 Fax: 651-458-2897 www.cottagegroyemn.goy E -Mail: planning ftottagegrovemn.gov CONDITIONAL USE PERMIT / INTERIM CONDITIONAL USE PERMIT RESPONSE TO ORDINANCE CRITERIA In order to aid in the review process, please give a DETAILED response to the following ordinance criteria on this form or on separate exhibits. Your ability to meet the criteria is what the Planning Commission/City Council is required, in part, to base their review, so be specific. A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable standards of the Zoning Ordinance? EXPLAIN. I S C-R UI t� � Gor•tt<-t��GtG�.L . T�.EST`Av�4t-1TS V4 !`rid L-14UaF tZ ��•2P-'1tT�p 1�•! L.��,tit� vS� "DrS-r'�.t�-rZ . B. 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. How does the proposed use fit these criteria? Tim /l s 16, �,� ,e ��..r t� � a.t- UC -_,J5-_ .-Trl-F� W !r _ ' AG-Anld ! V-4 (`r4 -r4-C-_ ap1�lTcot-1 c) f::- "62uc7l2- . C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. ItilPt2�vr✓ �vv—�vr.ipt�C PR.oPf✓tzj`r v�w�, Flo cr1✓�1�� vt!tI INt Pfzb�F'✓D V -c !'r 44 �. t_!_ K 57-- tf-! 1=l �l 1S44ES �.r�l C� A.pn�r� tit=�-�ILS A,:�:, A�-L o ee-* i a "C::, awSt" e� t T V4 t LL. 4 LSO tF--C-- VEL tEE-LJ— mA,1 D. 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. Explain effects of proposed use.-T-y_tf_:.. IZ tic[ IT++ k40 1,4 VC-_ I.-_4 P4c_-T -7-o Ta1i5_- o jU E. The use shall generate only minimal vehicular traffic on local streets as defined by the Transportation 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. Explain the transportation needs for the proposed use. TNS t S a 2� S -t �4 u>\i T via t rte- `r*44-'- AGplTtOr.L ot= 4r -S PA2lGl�.l(�SPA �S• /T— tS F. The use shall be served adequately by essential public services such as streets, police, fire protection and utilities. Explain how the proposed use will be served. Ti-iC- liz-PjSp_T`T I - F5Ya, Fi-to.-4 �•t�4. D �S/Gy h1 �D ?% .Q-�x�(t.�t �ar� �p L-� cam. , �t Fz�• �2 a'T�c�c o /-� G. 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. Justify this statement. -r1.4 -f:::. fj2-c::, Pb -_61--> U� �a A R GCJTAU (2 T G t M t (_-� Vim/ P I 1�—_ P 'T{ 4m' F:;- o� US6- riff -I k tint - Tom{ IS �-I H. The use shall preserve and incorporate the site's important natural and scenic features into the development of adjacent vacant land. Will these criteria be met? Ir l t -r-.4 -rF l5-_ 0 -K -r -P (-:)F2 L.—Z I T W it f,J V4 t—c)c:) I. The use shall cause minimal adverse environmental effects. List any effects. fir.!`6 t R-vr A tc_�--- At�l Response to CUP/ICUP Criteria Page 2 of 2 J. The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. L- --v':'►'A A T:D171T1 oty VDI F -J Ca d or -i lT" S"C?u L -I--> -T-t::' �rT UJZ-r- �Vk�1L oP ►'-� 4�� _ In addition to the general criteria for Conditional Use Permits, the following additional requirements apply to Interim Conditional Use Permits: K. The period(s) of time for which the Interim Conditional Use Permit is to be granted will terminate before any adverse effects are felt upon adjacent property. L. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated. What measures are you intending to take to return the property to a suitable condition? M. The use conforms to the zoning regulations. Yes No N. What is the time frame you intend on utilizing the Interim Conditional Use Permit? O. Permission of the use will not impose additional costs on the public. Are any additional public safety or public works personnel required? How do you intend to reimburse the City? P. The user agrees to any conditions that the governing body deems appropriate for permission of the use. L- J Applicant Name: Case #: RECEIVED Community Development Department Planning Division Cottage � � g 2019 12800 Ravine Parkway South Telephone: 651-458-2827 Grove ��N ru n. Cottage Grove, MN 55016 Fax: 651-458-2897 here Pride an6"Ospe y eet www.cottagegrovemn.gov E -Mail: planninq(a)cottagegrovemn.gov 61N Cc (,nrrA('E GROVE VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA The Planning Commission and City Council may recommend a variance from the strict application of the zoning ordinance, if they find that your application meets the findings below. Please provide a DETAILED response to all of the following findings: 1. The variance is in harmony with the purposes and intent of this title. Please circle: Yes No 2. The variance is consistent with the comprehensive plan. Please circle: es No 3. The proposal puts the property to a reasonable use. Please explain. -vi4E_ r --\.l l c' L_' Sl�` r �4 2�S-t p c�-1— �n d P��l i �-► c� , -r �yS .d. fes( f✓W iL1=S-r-�-c� (�� wl`� �-1 �tS T� 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. I (mak. t S � l ht ca t^dS-r- �' ��P 2t✓S'-i-�-v � f`i i �r�1 p /u-�l �.S�n--t �s.(`l� t o v_� J_�f t+\" Y V-4 �kt��►.l��oc�, r�i— �nrzt�l�� vcl�k z�l �Jc�PTtiov�t o� �r�itit c� 5. 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 classifications. Please list the conditions that are unique. d(Z�JILLhl�� Ll�_ 1 �1e-! n—C F=lT A.k.t ir-Xl-T'!r-t&� 1"= �-T--n-2:S- c-HMrp�:_�L_ US S L Tr-- V -J L L_L t-}�.�l� S lel cG gr—_ -0 7-4P�k.L ST v { .LT, i 41 -LS S4 Lcx:c p 4 r� LSI SS PA tzK Lt�iC� t lt✓EA�� C��i>=P c," , t -LC' L.l 1=02 �1 S L h1 r=SS 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: es No 7. 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. Please circle: es No 0 8. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Please identify any potential impact the requested variance may have. -�-� 2� S�v �� c,y cD \4 T3 { r✓ v� i2 -c a. ,� a<<�� ( c r— r S Economic hardship is not regarded by the Courts as a reason for approval. Neighborhood support or opposition, without any basis of facts, is not regarded by the Courts as reason for either approval or denial. Applicant Name: p� AR Case #: L� Z ►-teto. lz t — 9_cc-�,Ac�S r� Tb e _r'CD