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HomeMy WebLinkAbout1998-09-16 PACKET 13.B.FtEQl1EST (?F CITY C�UPdCfL ACTIpI� COUtJCIL AGENDA tJIEETIRIG ITENf ## DA�'E 9/16/98 PREPARED BY: Community [7evelopmen@ Kim Lindquisf OE�IGlIdATING DEF'ARTP+�Et�T STAFF AUTHOR a«t.4..W��.����..��.�.��kseo�..«.$aA���..�.�.�.. C�iI1P►[ . � �L�PI7�e� Adopt a resolution granting a variance from the landscaping requirements of ChapYer 28 of the zoning ordinance and approving a conditianal use permit to expand an existing non- conforming use for sales of recreational vehicies and automobiles at 61 Marine & Sports, 11730 Point Douglas Road. : � • • :'� r�'� ADVISORY COMMISSIOPJ ACTION ►� - . ■ � ■ ' •' � ••- . r - • • ■ ' ' ■ �•,. • �� . • � .. T . ■ SUPPORTING DOCUMENTS DATE REV{EWED 8/24/98 ❑ ❑ ❑ ❑ ❑ � ❑ � • . . + ..._-.• �•: ►� - � � s . ■ �' M , ■ -' - � �• s, N/A ACTUALAMOUNT APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ • - • �• �. /� ! ' . _.. _ • . � � . . ... , -• . , � . , � _ • • •., . .- .-. . ._ �� � ��{� �.����������A��.�«��e&¢a�«�.g�k����������>.��.�� cou�cr� �c �,a�E�: � ����ov�o ❑ o��iEC� ❑ c�rra�€� •. � •-: * , . ., , . . , MEMORANDUM T0: Honorable Mayor and Cou�cil Members Ryan Schraeder, City Administrator FROM: John McCool, Senior Planner DATE: September 10, 1998 RE: 61 Marine & Sports — Conditional Use Permit and Variance Appiications INTROQUCTION AI Stewart and Jeff Mackenzie have appiied for a conditional use permit to allow expansian of a non- conForming use for purposes of constructing a 4,969 square foot addition onto the north side of the existing structure at 11730 Point Dougias Road. The applicant has also requested a variance from Section 28-41, Landscaping Requirements of the Citys Zoning Ordinance. BACKGROUND The property is zoned B-2, Retail Business District and is the location of an existing marine/ snowmobilelall-terrain vehicle business. The business includes sales and services of the aforementioned outdoor recreation venicles and retail sales of other sporting goods and supplies. The B-2 District does not specifically permit boat, recreation vehiGes, camper, andlor trailer sales and is the reason this business is a non-conforming use. As suggested in the Planning staff report, a B-3 zoning ciassification may be more appropriate since this zoning classification is typically viewed as a highway-oriented commercial district. The City previously granted expansion of this business in 1984 and 1993. Both approvals allowed outdoor storage/display of inerchandise. The 1993 appiication specificaily prohibited the use on the 70-foot wide right-of-way in front of the applicanYs property or within the front yard setback area on the property. Contrary to this condition of approval, these areas have been used to park and display boatslsnowmobiles(all-tercain vehicles similar to the display by other dealers across the highway. Even though these areas are public right�of-way for Truck Highway 10/61 and frontage road access, the neighboring dealerships have kept these areas neatly mowed. The Planning Commission heBd a pubiic hearing conceming this matter at their regular meeting on August 24. The applicant expressed no objections to the conditions stipulated in the staff report, but did ask about the lease agreement and possible costs associated with it. No other public comment was received. Based on the facts and information contained in the Planning staff report, the Planning City Council and Schroeder Memo 61 Marine and Sports September 10, 1998 Page 2 Commission unanimously approved the variance and conditional use permit applications, subject to certain conditions. DISCUSSION Variance approval was based upon the limited area for landscape opportunities, the large roadway easement in front of the property, and the unique circumstances of the existing site improvements (e.g. par(cing lot, private access drive, and terraced display areas). Granting the variance was conditioned upon the applicant submitting a landscaping plan detailing type and size of the proposed plantings in front of the building and installation of three trees along the west side of the property. The conditional use permit was also approved subject to five conditions. The intent of this 70.foot wide public right-0f-way is merely to provide public access via constructing a frontage road to access the property east of 61 Marine & Sports if it should develop commercialiy. Being the right-of-way is not utilized, it was thought the applicant couid use this area for display purposes until such time in the future the frontage road needed to be constructed. The City Attomey recommended that the City draw up a lease granting the applicant limited use on this right-of-way. The lease wouid delineate the display area, require that they maintain the area, and be liable for activity within the leased area. The lease wouid aiso provide a notification period for vacating the leased area shouid the City need the right-of-way for roadway use. if the appiicant wishes to use that portion of right-of-way abutting their property for temporary display, staff recommends that the applicant lease this area at a rate of $250.00 per year plus administrative and legal expenses. This rate is comparable to the rate paid to 3M for a portion (holes 11 through 17) of River Oaks Golf Course. RECOMMENDATION Adopt the attached resolution granting a variance to Section 28-41, Landscaping Requirements of the Citys Zoning Ordinance and amending the conditional use permit for property at 11730 Point Douglas Road. The attached draft resolution was prepared in accordance with the recommendations made by the Planning Commission. RESOLUTION NO. 98-XXX A RESOLUTION GRANTING A VARIANCE FROM THE LANDSCAPING REQUIREMENTS OF CHAPTER 28 OF THE ZONING ORDINANCE AND APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXtSTING NON-CONFORMING USE FOR SALES OF RECREATIONAL VEHICLES AT 11730 POINT QOUGLAS ROAD WHEREAS, Stu-Mac Properties, Go 61 Marine & Sports, has applied for a variance to Chapter 28 of the Citys Zoning Ordinance regarding landscape requirements and approvai of a conditional use permit to allow expansion of a non-conforming use and to construct a 4,960 square foot building to be located north of the existing structure at 11730 Point Douglas Road. The property is legally described as: Seeger Addition, Lot 1, Biock 1, Washington County, Minnesota. Commonly described as 11730 Point Douglas Road South, Cottage Grove, Minnesota. (Geocode 36-027-21-42-0017) WHEREAS, pubiic 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 August 24, 1998; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the proposal; and Wh1EREAS, the appiicant was present and agreed with the recommended conditions of approval; and Resolution No. 9&XXX Page 2 WHEREAS, the Planning Commission unanimously approved the application, subject to certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED, the City Counci� of the City of Cottage Grove, Washington County, Minnesota hereby grants a variance to Chapter 28 of the Cit�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 appiicanYs property and the northeriy right-of-way of Trunk Highway 10/61. b. The location of existing site improvements (e.g. private access drive, parking lot, and terraced dispiay 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 foliowing conditions: The applicant submit a landscape pian which details proposed plantings in the front of the buiiding and incl�des installation of three trees along the west side of the property. 2. The applicant wiil submit a landscape bond for 125 percent of the cost of instaliation which will guarantee the installed landscaping for one year. ALSO, lET IT BE RESOI.VED, the City Council of the City of Cottage Grove, Washington County, Minnesota hereby approves the conditional use permit appiication filed by Stu-Mac PPOperties, cJo 6i Marine & Sports, to e�cpand an existing non-confarrning use for sales of recreational vehicles on property legally described above, subjed to the following conditions: The applicant pave the areas proposed for hard surfacing consistent with the submittal dated 7/18/98. 2. The applicant install wooden siates or a similar material, but not vinyl, along the south face of the existing chain link tence, which would screen the exterior storage area of the property prior to issuance of a certificate of ocxupancy for the property. 3. The appiicant enter into a Iease agreement with the City for utilization of the public right-of-way for display purposes prior to issuance of a Resolution No. 98-XXX Page 3 certificate of occupancy for the new buiiding. The applicant will reimburse the City for any costs incurred in drafting or review of the lease. 4. The applica�t fence or cordon off the drain field area prior to initiation of construction of the buiiding addition. 5. The applicant initiate a subdivision and rezoning request by December 31, 2000, to obtain the portion of the 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 unanimously this 16tn day of September,1998. John D. Denzer, Mayor Attest: Caron M. Stransky, City Clerk P:\GROUPSWLANNINGV1996V2ESOLUTIIStu-Mac CUP&V septi6.doc , • •�� , ••• � T•; . . . PUBLIC MEETING DATE: 8/24t98 TENTATIVE COUNCt� REVIEW DATE: 9/16/98 �-- � • APPLICANT: Stu-Mac Properties, c/o 61 Marine & Sports REQUEST: Approve a conditional use permit to expand an existing non-conforming use for sales of recreational vehicies and automobiles and a variance from the landscaping requirements of Chapter 28 of the zoning ordinance SITE DATA LOCATION: ZONING: CONTIGUOUS LAND USE: NORTH: EAST: SOUTH: W EST: SIZE: 11730 Point Douglas Road B-2, Retaii Business Agricultural Agricultural Highway 61 Agricultural Site =1.34 acres Proposed building = 4,960 square feet . � �, � Approve, based on conditions stipulated in this staff report. � � � � � .� � � FIGROUPS�PLANNING\t998\61Marine Cover.doc ��. A �.; 's� � .�y� `, '�'i�; JUBiLEE � CNEi1SiIlUJ ;�'9�, �. .CFflJRCH �. .. mzs � _— . . -. �T� ma, -W LtFEEVAN3BIGl fRgCHUaCH� un6 n�. !90 ' 0620 f �R61 :�:_, ��� . n3m mu � . _'_.'_ n.�4 � . � ���� ._...._._ � ��sss . 15eo n5A W��35a. fs3o '- "".- �� = � `��� - „_, '� �'` ` SITE 11593 16so � -- Osa9 . 16W ft611 p0 C�� b �J ` J ` 11�� �. � . 119M. . � f B]9 �. It630 .9�845 . !.6-._ H fM00�. . , � illl6].� .; a ' $ p ll6P5 �.i :' �1N0 _l�j itfT HBR �p� . ll6ll i 110)) /• �1W80 y a`116%: ; <neKS nr�r�i� � neeo ' " .. , ' -��:_ Y .. un6t '..\ % 8 tOl3 1OQ� ; � , , �.— �-'iD2 11S 0 �f . 1VJ5' 1ID60 1f80� ._� ' It1<0', ; � .: '- -.-.-'- 11830 � eq'% . ' Illp9 � ii�c� �roa��cc . tnaa ._,. inoi i�ew� .� ,p'�`\ ,� .. � '�.s i Js5 � �f>oe ", 1 . 4 � nn� �, neeo '� 4 ireza . i'�' uno �i � .fl',C�� .�� I uexs ,noeomeo cR� uon ." neeo � �f �� � ' r . , ,� ,,.� �� „aa, �; ' � ,�{Yi u�ei , imoo �-�, �, . ' _"_"_� -. �aao " ' . nee� - . 1f9�-0 / . ' -�f, 1:880 �� IG61 � � • �190: � . ' / � � b931'. 1)931'.. ttp2t f�H �. � �� � : � . . � ilYtB �. 1f9B5 .. i%1oo i,n �PC ��m N � . � � . ! � • �.� ♦ � � • � � • � , � .�. : .� J- � �! • • INTRODUCTION The applicant is requesting a conditional use permit to allow expansinn of a non-conforming use. There have been several city actions relating to the property and the existing use. AII lead to expansion of the use and subsequent upgrades to the display area and increase to building square footage. The current proposai is to construct a 4,960 square foot buiiding to be located north of the existing structure. The building wili be used for cold storage of boats and approximately one-third of the space will be dedicated to boat maintenance and repair. The appiicant has also requested a variance from the landscape provisions of the ordinance. Presently most of the site is dedicated to the functiona{ aspects of the business, parking, storage, display, and building, and leaves very little room for landscaping. Given the size of the lot and the configuration of the site improvements it appears unlikely that the ordinance landscaping requirements can be met. =��, i• ►� in 1984 the City Council granted site plan approval for a marine sales business, conditionai use permit for an outdoor storage lot, and a preliminary plat approvai to create a building lot for the proposed structure to John Seeger at the subject property. The conditional use permit was predicated on seven conditions generaily dealing with site design and building related issues. The interpretation at that time was the boat sales were considered a retail use and therefore the use was permitted under the B-2 regulations. Current staff reviewing the ordinance at that time would disagr2e with the interpretation because refail sales was defined as "stores and shops seliing household goods over a counter or selling personal services." Boat sales would not fit within this definition. Further the B-3 zoning district listed retaii sales and services as a permitted use and expressly listed automobile sales and trailer sales, both of which are more consistent with the proposed boat sales use. In 1993 the Gity Council granted a conditional use permit for expansion of a non-conforming use in the B-2 district for the property. The request was to permit construction of a building addition onto the existing struct�re. The request was supported in recognition that additionai interior storage space could reduce the amount of exterior storage occurring on the site. The approvai was predicated on accompiishment of eight conditions of approval; one of which related to hard surfacing the parking lot and access drive and submission and implementation of a landscape plan for the site. Planning Staff Report Cases CUP98-32 and V98-33 August 24, 1998 Page 2 in December 1997, the City issued a grading permit to allow excavation of an on-site hili, located in the west-centrai portion of the site. The excavation permitted a more flat surfiace for exterior storage however, storage had been occurring in this area prior to the grading work. Site Characteristics The 1.34-acre site is located north of Highway 61 in the far southeastern portion of the City. The site is generally rectangular in shape with an exception in the northwest, where the property is angled. As part of the 1997 grading work, the applicant excavated into a portion of the adjoining property owners' land. Currently, boat storage is occurring in that area. Fencing, recentiy instailed, also is installed on the adjoining property owner's land. The appiicant has submitted a letter of understanding from the property owner granting permission to use the property. However, the property is �ot zoned commercial and is zoned agricultural. Staff is recommending that the applicant purchase the portion of land being used for the business by December 31, 2000, subdivide the property and rezone it so that the use is in conformance. Both parties are agreeable to this condition. Site buildings are located in the southern portion of the site and are near the front lot line. The drain field is located i� the east-centrai portion of the property and the well in the front. Seventy feet of right-of-way lies between the Highway 61 right-of-way and the property. The City wouid use this land should a frontage road be created. This may occur if the property to tne east develops as a commercial entity. Presentiy, the appiicant utilizes this area for exterior storage. CONSISTENCY WITH ZONING AND COMPREHENSIVE PLAN Presently, the site is zoned as B-2, which does not specificaliy permit boat sales, however, does permit auto sales. Although these two uses are similar, staff does not feel comfortable recommending boat sales be included in the B-2 uses. Rather, staff would like to explore rezoning the property to B-3 during the Citywide rezoning process that would occur after adoption of the new comprehensive pfan. The site is currently guided for commerciai use and in workshop discussions the Planning Commission has continued to support commercial land uses witnin this area of the City. In light of that fact, should the guide plan be adopted consistent with those discussions, staff believes the more appropriate zoning designation would be B-3. This zoning district has typically been viewed as a more "highway" commercial district and given the location and site characteristics wouid appear to apply to this subject property. Staff wouid also be looking at rezoning the adjoining eastern property to the same zoning designation. • � • . . :i� : �1 In light of the above discussion, staff is supportive of the applicanYs request for expansion of a non-conforming use. Staff views this as a temporary situation with the potential for future City action to bring the site into compiiance. However, boat sales and storage, as weil as auto sales, are a conditionally permitted use and therefore the processing of project proposals for the site wouid remain unchanged. Further, staff can support the request as the applicant has improved upon the appearance and operation of the existing estabiishment as compared to the Planning Staff Report Cases CUP98-32 and V98-33 August 24, 1998 Page 3 existing condition. Staff recognizes the attempts to organize the site and provide a better view to Highway 61. One of the main areas of concern staff noted when meeting with the applicant is the use of existing right-of-way for display purposes. In the 1994 approval, condition #8 specificaily prohibited use of right-of-way or within the front yard setback for display or storage purposes. Obviously, that requirement has not been carefuliy monitored. Additionally, the boat sales business on the south side of Hwy 61 is also utilizing right-of-way for display purposes as well as other businesses in the general area. Staff has investigated the dedicated right-of-way in this area and found that the City has a 70- foot easement for right-of-way purposes. The intent would be to construct a frontage road should additional commercial estabiishments develop. However, until that time, the right-of- way is not utilized and it seems reasonabie to permit the appiicant some use for display purposes. The City Attorney recommended that the City draw up a lease which permits limited use of the City right-of-way. The lease would delineate the display area, would require the applicant to maintain the area, and would make the applicant liable for activity within the use area. The lease would also provide for a notification period for vacation should the City need the right-of-way for roadway use. Typically, staff would not support use of City property for commercial businesses. However, there are some issues which may make this situation more unique fhan others. First, there is a significant amount of right-of-way south of the site. The City right-of-way and the Highway 61 right-of-way make an overiy large boulevard area. Visually, it would be difficult to recognize that a portion of the land currently being used does not belong to the business. Aiso due to the overly wide boulevard, the display area is beyond any space needed for roadway operations or maintenance. All drainage ditches are out of the display area and the snow storage area would not encroach into the display area. Finally, the use of a lease recognizes that the situation is temporary and that the City will not incur any liability associated with the commerciai use. This option also provides for equal treatment as compared to surrounding commerciai businesses and avoids an enforcement problem for the City. Site Plan Building Architecfure The applicant is proposing to construct a 4,980 square foot (83 feet by 60 f2et) buiiding. The str�cture wiil be connected to the existing building and the exterior material will be metai. The ordinance prohibits the use of inetai, except as an accent, unless it is out of public views. The new structure will be the farthest away from pubiic views and wiil be attached to a structure that currently is a metal buiiding. To require a change in material would be burdensome given the existing condition. Staff believes that the metal building is appropriate and due to its limited visibility, acceptable. Shouid the Commission believe its use should be condoned by variance, a motion to that effect shouid be made. The most visible, public view presents a windowed storefront with wood at the base and colored meta! on the sides and at the top of the wa{I far�ade. Pianning Staff Report Cases CUP98-32 and V98-33 August 24, 1998 Page 4 The new structure will be used for boat storage and for a boat service area. Overhead doors face west to allow boat access into the building. There is the sites drain field immediately adjacent to the building site. This area must be fenced off so that construction equipment or materials do not cross the drain field and compact soils, potentially impacting its functionality. Access and Tratfic There are no changes to access proposed. The existing access was paved as part of the previous review and approval. Grading and Drainage There are no changes proposed to site grading beyond what was approved last December. The submitted site plan indicates the areas for paving which will be within the new display area. The site is tipped to the south so all drainage will be directed toward the drainage system within the Highway 61 right-of-way. This is an existing condition. Landscaping The applicant has not provided a landscape plan as part of the submittal. The site plan illustrated some site landscaping in the front af the buiiding but that has been removed. That area has been regraded and there will be some low-lying vegetation installed between the two raised display areas. Four evergreen trees have also been instailed east of the main building, for screening purposes. The appiicant has submitted a variance request from the landscape ordinance standards due to limited area for landscape opportunities. Staff supports the variance request but conditions the approval on submission of a landscape pian, which wiil depict what planting will occur in the front. Additionally, staff is recommending the applicant plant a few trees on the western side of the property, along the parking lot and just inside the fence. While the grade is difficult a few trees well space out could be pianted without too much site disruption. The plantings wouid set the stage for future screening should land uses in the area change over time. Exterior Storage The ordinance requires that exterior storage be screened from pubiic views. The applicant recently installed a chain link fence that mutes views but certainly does not screen ali stored items. Due to existing site improvements, staff is recommending that tne applicant affix wooden slates to the front fence so it appears to be a"board on board" fence. The height shouid be increased to increase the visuai buffer. If we had been fully aware of the applicanYs plans prior to fence installation, the staff wou�d have recommended maintenance of a landscape stripe adjacent to the parking stalls to aid in blocking on-site views. Recommendation Staff recommends approval of a variance from the landscape provisions of the ordinance based upon the unique circumstance of the location of the existing site improvements, subject to submission of a landscape plan which detai{s proposed plantings in the front of the building Planni�g Staff Report Cases CUP98-32 and V98-33 August 24, 1998 Page 5 and inGudes installation of three trees along the west side of the property. The applicant will submit a landscape bond for 125 percent of the cost of instaliation which wili guarantee the installed landscaping for one year. Staff recommends approval of the conditional use permit to permit expansion of a non- conforming use by buiiding an 80 by 63 foot buiiding addition subject to the foilowing conditions: 1. The appiicant pave the areas proposed for hard surfacing consistent with the submittal dated 7/18/98. The applicant instali wooden slates or a similar material, but not vinyl, 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 utilization of the public right-of- way for display purposes prior to issuance of a certificate of occupancy for the new building. The applicant wili 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. 5. The appiicant initiate a subdivision and rezoning request by December 31, 2000 to obtain the portion of the adjoining property currently being used for the commerciai 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. Prepared by: Kim Lindquist Community Development Director Attachments Location Map Exhibit A = Site Plan Exhibit B= December Grading Pian Elevations Exhibit C= Elevations & General Notes Exhibit D= Notarized Letter from A1 Stewart Exhibit E = Application Letter Exhibit F = Variance Submittal 1984 Resolution of Approval 1993 Resolution of Approval . � . �������_��� � � ' n � f I � � i •! �� V �r t� }; W _ : N� = m ���;, ; --_ �.__, ' � : � � 1 h � � �i � � - _ - I,q a `� -, — � / � :� � �..'. 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I � outlet � _ __ ���et Fence Oifch botlom �� 838.04 - ' 838.50 041.5 0 3 1 F—I % Grode 24 _ � 1 � 1 foof Eitch TYPICAL SECTION �- • � M . . • : ' ` • v[xr. a ao��o� ��.wz_ `� 1 o�, �a woo�� � ' BC RS�GNYtleI�\ ��� I III IIIII — L � I I I I���I En�r.� �B� LO uCOxn@ NONTH � . =e... ..... _ _ '+,'.. � ��� —.,.,. � �1���{I �������j�� ' ��i,{�',� i' � � Il�l�����l��i i sourr� � W:ST � EAST . � . August 18, 1998 CiTy of Cottage Grove 7516 SOth Street South Cottage Grove, MI�' S5016 Siu-Mac Properties ] 1730 Point Douglas Road South Hastings, MN 550;; Re: Use of Lo12, 131ock I Seeger Additio�a This letter grants perm;ssion to Stu-Mac Properties to use that portion of Lot 1, Block I, Seeger Addition to the extent it is located within the fenced area used by Stu-Mac Properties. Stu-Mac has our permission to use the property we own that is located withi� the fenced area, and to store materials within the fez�ced area. The pernvssion granted by this letter is indefinite, but does not grant any prescriptive rights to Stu-Mac over the use of the property Very truly yours, ` John Seeger Subsenhed and swom before me this � day o1 Augu$�'f 998 b�� John Seeger ( ;,, X� � � l �, �/�—/j, t Notary , ubl'� _ . � — , : �� _ _ �. �.,.,.. .,, ..� ......,.� Theforegoing STU ^ MAC PR��I',E3f`fIES, A MINNESOTA GENERAL PARTNERSHII' C Subscribed and swom before me this ;� day of August, 1998 bg A1 Stewart, � General Partner of Stu-Mac Properties, a Minnesota : Gerierzl Paitnership� � �' \ j �' �/ � \�� � ���..._. �-� Notan�P�blic ��—� � . � � '�_ JOHN W. CIINTON NOTARY PUBUC - MINNESOTA WASHINGTON COUNTY �Je�iivary 31�20W rea A ? . . ������ �� ��t� July Z0, ] 998 Kim Lindquist CITY OF GOTTAG� GROVE 7516 80th Street South Cottage Grove, Ml�� �5016 Dear Kim: 1 ' This letter is to supplement and explain tl�e application for amending the conditional� use permit. We are proposing to make an addition to the e�sting buiiding of 4,980 square feet. Thirty feet by si�cty Feet ofthe addition as iY adjoins the existing building will be used as a parts shop. The balance of the buildino will be used for storage. We have fenced the area to Che west as a security measure for storage. We are goin� to sell boats from the site. The boatlrecreational vehicle sales will continue on the same basis as it has in t�he past. The survey prepared by 7ohn Dwyer reflects the buiiding location expansion, and elevation. There is no plan to chanse the level of display or expand on it. We are also submittin� a variance request from the landscaping plan. The front and sides of the building are not proposed to be changed. We can not landscape in accordance with current code requirements without tearing up asphalt or tearing down part of the building. In the rear, where the expansion is to occur, there are very substantial mature trees that provide landscaping to the north and east. There wouid be no point of adding landscaping in these a�eas. I have therefore and am enclosing: 1. Conditional Use Permit; 2. The application for variance from the landscaping requirements; 3. Building Plans. If you require any further information, � � ^ �� G �_�._ A1 Stewart � -�-� or have any other questions, p�l�se let ; kaow: I � . Very tn�(y yours, � �,-' � ,,� . � ��� % � y � � / ���` ��'� 1 ��.�■ � Vac�c�i�'-sc. �brn� �t � A. The existin� property has no available area for Iandscaping;�ie West side is blacktop. The East side of the building has an attachment. In order to landscape the sides, parking lot/asphalt would have to be removed. The North side of the building has existing mature trees. There is no visibi(ity of any landscaping that would be placed to the north. B. Reference A. C The property has been in its current condition and use since its inception and no chan�e is proposed that would necessitate the landscaping. �q� `�.�►�r'ho� o�s � ravat p .. ,�, ' . � .. ��LSO�I(I ��lj� �ll. b'a� .. � t _.>����. -.. . ... . . .... . - - R::J :.;J:. ", .;f�ti\I1.�Y'., A(X�DITI07vA1. U5E PI�"tll, S:'.i�I.'JG Ph3t�iIT h'Qll S7TL PI✓,` �,�,•�^ .� 71iS SF.EGER I�R C�lti$TRUCCION 01� A PL',�:i;E S4LfS BUSTNPSS h'ITI; ��: �,�� . ... , �ar:f' iP'� :, A?+;:�?.'�;;, ?h . Joh+� See�cr ha� appl ied for a(:onditional Usc I'ermit and reyu: : o: _`dir�k ra'rn;it and cite plan apnro��i, tz� construct a marine salc5 businc�s wSth :.. ., stor int, on thc folln�:irir �cscrihcd j>ropert�': .,t t, Glo<.. �._ .°,,. , Cottag� C,rove, Washington Coimiv .. ..o9ot::�' r;.:_ . �' `��:- � ri,• I'l:innirig and :� tbm*�ission of t}�c Cit�� of Cottage Grove h��' _; he�n�is�� �n the t'.cmditional U,o Per�it applicatior, for the �en st�n:i�c '- � r_�cicwed t}te request for huildin� per�nit and site p]an approval at their �er 19, i9&3 meeting, and rrconcnended approval stibiect to certain condSti:ms. v'�', T1iT�2EF�Rfi, BE tT RESOLI�ED, }��� the C.ity Co�cil of the C�ity �of Cotta�e �, Coint�� o£Mtashu�;fvn,;�tate of Minnesota,,that'thc application of John See�c* ��� � Conditior.a]'tJsePeitin3�f';`building�permit�and"site nlan approval�'shall be and ;n�r�•:cd, subject to the follouing conditio�. , ?`nc driveway shall hc N�dened to 26 feet t�• mcet the City Code - � , f�.iirements. 2 3. � The'parkir�g loi,plan shall be revised�to pmvide access io the n�rtheast s�ii�,'-t�f the building`£or esnergency vehicles �vbject -'' to apptnval._by the Fire lkparinxnt. , ,,,� .��: .._. An autaaetic fire ala>�r. =��stem must be installed aitd hooked to the dispatch cen;rr :n �ne Cottagc Grove Police Station. . . t�� 1.:._:Y .. `titailed landsc� �e p;;n ;ho•aing the ntIInber, si=c and species of a'.: new plant materials shd�l be sti>mitted and appmved b}• the Planning Depaztment prior to issuance of the buildir.g permit. A hond or IetLer of credit shall be submitted �,varanteeing completion of the plan. Percolation tests and soil twrings srall be submitt;d prior to is��ance of the huilding permiY. � ;hc buildin� design ��all be mcis�d *e include u�iform .�terials and desi� on all sides of .he � ructure, �xcept �'s�.c ����ri}�east sid�. -��' ��i 1e' hiii idinF, pl: ��� s};a17 hP rerzeWeti a�.c a��mved hp th� ...,.,:fir�y Ir.speetc� :�,�,�- ri�c �latshall. ..s>i 1.... 4 il:��r i:f �:; 1'i>.q. � . �_�—_____ .__ .. %-___ �__-.._ �:'�/'/'' �C�1i ____---- ��e� — RESOLUTION 93-103 RESOLUTION APPROVII�'G TFIE EXPANSION OF A NON CONFOF�MING USE IN 7�IE 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 tne City oi Cottag2 Grcve held a public hearing and reviewed the application at their meeting on May 24th, 1993; and WHEREAS, the Planninq 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 11'I30 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 highway 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, . 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. �a Resolution No. 93-103 Paqe 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. 5. r� Handicapped parking shall be provided in accordance to ADA requirements. Any roof mounted mechanical equipment shall be completely screened from visibility, as required in the Cottage Grove city ordinance. As stipulated in Resolution 83-77, an automatic fire alarm system must be installed and hooked to the dispatch center at the Cottage Grove Public Safety Department. This is to be completed prior to the issuance of a certificate of occupancy for the proposed addition, as it has not been completed to date. 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. 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. 1� 1✓ -1../ � �l/ John D. Denzer, May Attest: c�� Kevin Frazell, City Administrator Introduced by: Seconded by: Voting in favor: Voting against: Cbuncilmember Raun Councilmember Rageth 5 Ayes 0 Nays Please add attached excerpt from Planning Commission Meeting minutes to item B.B. EXCERPT FROM UNAPPROVED MINUTES OF THE AUGUST 24, 1998, PLANNING COMMISSION MEETING 6.5 CASES CUP98-32 and V98-33 Stu-Mac Properties, c/o 61 Marine & Sports, 11730 Point Douglas Road, applied for a co�ditianal use permit to expand an existing non-conforming use for sales of recreational vehicles and a variance from the landscaping requirements of Chapter 28 of the zoning ordinance. lindquist summarized the staff report and recommended approval subject to the conditions listed in the staff report. Podoll asked what part of the fencing would the wooden slats be installed in. Lindquist answered that it would just be along the front and the portion immediately next to the building. AI Stewart, 6750 Jamaica Avenue South, asked how the lease would be drawn up and if everybody in the area wouid be asked to sign a lease. Lindquist stated that the lease would probably include maintenance, Iiability, and depicting the area where display wouid be allowed. Lindquist stated that the Councii would have input into what the fee would be. Stewart stated that John Seeger told him when they bought the property that the Council said that if they maintain the area, the prohibition against exterior dispiay wouid not be enforced. He further stated that as long as the lease isn't too expensive, he would be wiliing to sign it. Auge opened fhe public hearing. No one spoke. The public hea�ing was c/osed. Kleven asked that condition #2 be Garified as to the type of material should be utilized for the slats or that the materiai must be approved by staff. Lindquist responded that staff didn't want to limit their choices but also did not want the use of woven vinyl or metal. Kleven moved to approve the applicafion subjecf to the conditions listed below, witla clarificafion fo #2. Rice seconded. 9. The applicanf pave fhe areas proposed for hard surfacing consistent with the submitfal dated 7/18/98. 2. The applicant insta!! wooden s/ats or a similar material, but nof vinyl, a/ong the soufh face of Yhe exisfing chain link fence, which would screen fhe enterior storage area of the property prior to issuance of a certificafe of occupancy for the pPOp@Pfj/. 3. The applicant enfer Into a/ease agreement with the City for utitization of tiie public right-of-way for display purposes prior to issuance of a certificafe of occupancy for the new building. The applicant will reimburse the City for any costs incurred in drafting or review of the /ease. 4. The applicanf fence or cordon off fhe drain field area prior to initiation of construction of the building addition. 5. The applicanf inifiafe a subdivision and �ezoning request by December 31, 2000, to obtain the portion of the adjoining properfy currently being used for fhe commercial enterprise. The area, either on or off-sife, dedicated to fhe commercial use cannot be �panded without these actions, even with the approva! of the adjoining properfy owner. Sawyer asked what the fencing would be screening. Stewart responded that it would be boats, snowmobiles, and other items that they sell. He stated that they are planning to use brown-painted wooden slats in the fence. He further stated that there are trees, some of which they planted, and a cornfield in the rear. Sawyer asked if automobiles would also be sold. Lindquist answered that the applicant initialiy applied to seli autos but deleted that portion the application. � The motion passed unanimously.