Loading...
HomeMy WebLinkAbout[04d] Special Use Permit - 219 Cedar Street E Council Agenda Item 4 d MEETING DATE: May 21, 2009 AGENDA ITEM: Special Use Permit -Requested Action: Accept the recommendation of the Planning Commission and issue a special use permit to Brothers One to allow a used auto dealership at 219 Cedar Street East. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on May 4, 2009 and unanimously recommended the Council accept the recommendation allowing a used auto dealership at 219 Cedar Street East. (See Extract of Minutes) BACKGROUND INFORMATION: The request of Brothers One is similar to that of North Country Trailer Sales. Both properties were used as Car lots prior to the request of 2009. However, they were operating under the old Ordinance where a car lot was permitted, now a Special Use Permit is required. As pointed out at the Planning Commission meeting, the Special Use Permit carries with the property so a different dealership can operate under the conditions approved at the time of issuance. If the request is for a different type of use or the conditions are not acceptable the property owner would have to re- apply for the special use permit. The use can continue provided it has not ceased for a period of one year. The property owner is working on the building and originally the sign on top of the building was to be removed by May 15. The resolution has extended that date to June 1 or when the building is occupied, whichever comes first. BUDGET/FISCAL IMPACT: ATTACHMENTS: Council Resolution of Finding, Planning Commission Resolution of Findings, Extract of May 4, 2009 Planning Commission minutes, Application for Special Use, Hearing Notice, Planning Commission Request for Action -March 2, 2009; site plan. REQUESTED COUNCIL ACTION: Issue a special use permit to Brothers One to allow a used auto dealership at 219 Cedar Street East, authorizing the Mayor and Administrator to execute the Resolution of Findings. Resolution of finding The request of Wesley Skochenski for a Special Use Permit came before the Planning Commission at a public hearing held on May 4, 2009. The purpose of the hearing was to consider issuance of a Special Use Permit to allow used automotive sales in a B2 Highway Business Zoning District. The property is located at 219 Cedar Street E, St. Joseph, MN 56374. St. Joseph Code of Ordinances 52.32 Subd. 4(el allows for new or used auto dealerships by issuance of a special use permit. The request for Special Use has been submitted by Wesley Skochenski, 5723 Osprey Court, St. Cloud, MN 56303. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission made the following findings: The proposed use is consistent with the standards for granting a Special Use Permit, St. Joseph Code of Ordinances 52.07.03 Therefore, based on the above findings, the City Council makes the following motion: Approval of the Special Use Permit to allow a used auto dealership in a Highway Business Zoning District with the following contingencies: 1. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The sign located on the roof of the building will be removed no later than June 1, 2009 or when the building is occupied; whichever comes first. 3. The use of banners and streamers will be prohibited. 4. All site lighting will conform to the St. Joseph Code of Ordinances. Adopted this 21" day of Mav' 2009 ATTEST Alan Rassier, Mayor Judy Weyrens, Administrator Resolution of finding The request of Wesley Skochenski for a Special Use Permit came before the Planning Commission at a public hearing held on May 4, 2009. The purpose of the hearing was to consider issuance of a Special Use Permit to allow used automotive sales in a B2 Highway Business Zoning District. The property is located at 219 Cedar Street E, St. Joseph, MN 56374. St. Joseph Code of Ordinances 52.32 Subd. 4(e) allows for new or used auto dealerships by issuance of a special use permit. The request for Special Use has been submitted by Wesley Skochenski, 5723 Osprey Court, St. Cloud, MN 56303. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission made the following findings: The proposed use is consistent with the standards for granting a Special Use Permit, St. Joseoh Code of Ordinances 52.07.03 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Special Use Permit to allow a used auto dealership in a Highway Business Zoning District with the following contingencies: i. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The sign located on the roof of the building will be removed no later than May 15, 2009. 3. The use of banners and streamers will be prohibited. 4. All site lighting will conform to the St.loseph Code of Ordinances. Adopted this 4`h day of Mav' 2009 ATTEST S. Kathleen Kalinowski, Chair Judy Weyrens, Administrator May 4, 2009 Extract of Planning Commission Meeting Special Use Permit -Used Auto Dealership 219 Cedar Street E, Owner Brothers Owner- Operator Wesley Skochenski Public Hearing, Brothers One. Special Use Permit Used Auto Dealership: Kalinowski called the hearing to order and stated that the purpose of the hearing is to consider a Special Use Permit to allow for a used auto dealership at 219 Cedar Street E. St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit: The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance: e) New or Used Auto Dealerships The request for Special Use was submitted by Wesley Skochenski, 5723 Osprey Ct, St. Cloud. Weyrens stated that the property in question has previously been used as a used car dealership which followed under the old Ordinance. At the time the dealership was first established (has changed ownership during the years) the governing Ordinance was B1 General Business and a used car dealerships was a permitted use. Since that time the property in question has been rezoned to B2, Highway Business and a Special Use Permit is required. Therefore the property owner must make application for a Special Use Permit. Weyrens stated that this is the same process that was followed for North Country Trailer Sales. Weyrens also clarified that the property owner will be leasing the property to Wesley Skochenski who has filed the application for special use. The application has jointly been executed by the property owner and tenant, which is acceptable. The Special Use Permit will be attached to the property. As there was no one present wishing to speak the hearing was closed at 7:11 PM. Wesley Skochenski approached the Commission on his own behalf. He clarified that the will be leasing the eastern half of the building and will be operating a used dealership. The lot will not be as large as the previous dealerships. Mark Zimmer spoke as property owner and stated that the western portion of the building will eventually be leased as well and the area has sufficient parking to accommodate two businesses. Deutz questioned the need for a special use since the property has previously been used for a used car dealership. Weyrens clarified that the Special Use Permit will follow the property and had the zoning regulations not changed specifically requiring a Special Use Permit for a car dealership, the use could continue. This was the same situation the Planning Commission considered for North Country Trailer Sales. McDonald made a motion authorizing the Planning Commission Chair and Administrator to execute the findings recommending issuance of a Special Use Permit to Brothers One, 219 Cedar Street E to allow for a used auto dealership at the aforementioned property. The motion was seconded by Deutz and passed unanimously. APPLICATION FOR SPECIAL USE PERMIT STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) City of St. Joseph 25 College Avenue N PO Box 668 St, Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 NAME: ~,~IJeS~~t.-) A S Koc,h~~s~ ~ Fee $ Paid c~~ Date Y `~'~--- PHONE: 00000 3a~ ~~~ doZo~ ADDRESS: ~ ~ O` 3 i~.S -'1?e-i~ G 7 S' ~+ e.l D~ {~ ~ ~ ~ 3 p J? I/Wle, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with the ordinance requirements.) 1. Application is hereby made for a Special Use Permit [o.conduct the following: J ~ e~ ___~.~1? -- ~o_ T_ _ _ _ __ _ _ __ __ __ 2. legal description of land to be affected by application, includi a reaye or qupre f tgge of a i Iv~ an s reef a r s , if any (attach additional sheetifnecessary): )~ . `~r^ !~ -C ~-G• c~ ~ e '' . ~, .. 5~~ T-/D - T~~ ' ~~ ~ 1 a 1'~e -bo7~ . ~7,~ C d ~.~ ~ DD U ~ ~~J~~ >~ ~ .0 ~ .~, of ~~~lNcvy ~yi;1y /yob )~tUys~ ~5 of l~/Z ~-e~5.o7.~ F~/~ r/l~ .. 3. Present zoning of the above described property is LI,/ ~, ~ J ~ ~ /_ . 4. Name and address of the present owner of the above described property: ~I~ o ~l+ ~-/l5 0~ 0 ~? e -~ ~t ~- : pGl `~1 DNS - Nv GUa ~t d x ~ G~~ ~n e~(. ~~o N~j' ~> ~u~/~ ~~ mm eft. ,z. r ~9~ ~~~ e ~. S. Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes [" No loo; ~ /1 ~`"1 ~ ,l~r-'~> /> e ~ ~ ~ ~~ 5 f -- C~ %~ l~ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: (~ Yes ~ No r~ 7. Can the proposed use be accomodated wish existing Ciry service without overburdening the system? Please explain: (~' Yes ~"` No /' l~ls~~ ~e~ U ~ e ~y ~e 1,~~ i~ 5~f~1~~ f 8. Are local streets capable of handling traffic which is generated by [he proposed use? Please explain: (~ Yes (~ No Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Applicant Signature: Date: ~ S O Date: ~ l r'' ~ FOR OFFICE USE ONLY Date application submitted: ~ D Date application completed: Planning Commission Action: (" Recommend Approval ~', Recommend Disapproval Date of Action: li City Council Action: (~; Approved ("'' Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: ~. CITY OF ST. OS~PH 1 wwvr. cityof stjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, May 4, 2009 at 7:10 PM. The purpose of the hearing is to consider a Special Use Permit to allow for a used auto dealership at 219 Cedar Street E. Administrator ~udy Weyrens The property is legally described as:.75A W 200' OF E 631.57' OFSE4NW4 LYING N OF HWY 52 & SOF RR LESS .07A FOR HWYCITY OF ST JOSEPH St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit. The Mayor following uses shall require a Special Use Permit based on the procedures set forth in AI Rass;er Section 52.07.03 of this Ordinance: e) New or used auto dealerships Councilors Wesley Skochenski, 5723 Osprey Ct, St. Cloud, MN 56303 has submitted the request for Steve Frank Special Use Use. Boh Loso Renee Symanietz Judy Weyrens Dale ~Uiclc Administrator Publish: Apri124, 2009 t S1,E °- -- flUi S`C ~ `' t:iR ST,L f" 4 ~~ ~ ~1 b aQa 2os aoo aoa' _ i- ion-y--gas--'-•--~ r 20~ ~~`~~ Proposed location of 5; 1a3 2oa 20~ ~1s ~ z25 ~ special use I 11'9 203;-...-- _... ..J. 4~' St it _.. ,..M..... .,~~CC9'lt~j'S'~' 75 t118y108 ~'~ ~ ~~ ' -114' 220 ~ h: ~~ _....y. $ • D T"` ~ 147 117 ~ •~ ! ~ ~ 21 ~ ~ m '103: 191 ~ 105 ~ 203 2U9;. ~, i t 121 ~` 4205...,--~-- -fi21' ~ RSk~ 5T ~ .~-~1 30 208 ~~ 22a ;. , 3a ..1, 110, 1 fi0 1 i 216 .~ z.S College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 3z.o.363.o;qz. crr~' c~F sT ~~nra~H Planning Commission Agenda Item 5 MEETING DATE: AGENDA ITEM: SUBMITTED BY: STAFF RECOMMENDATION: an interim use permit as requested. PREVIOUS PLANNING COMMISSION ACTION: May 4, 3009 Special Use Permit, Wesley Skochenski 219 Cedar St E, Used Auto Sales in a B2 Zoning District Administration Accept the request and recommend the Council issue BACKGROUND INFORMATION: The property in question has been used previously as a used car lot and at that time the City did not have the zoning classification of 62 Highway Business. Used Car sales were allowed without a special use permit. The Ordinance today requires issuance of a Special Use Permit therefore an application was submitted. As you can see from the information, only one half of the building will be leased for the car sales. In the event the second half of the building is leased, the parking requirements will be reviewed. The property currently has an illegal sign located on the top of the building. Before the business opens that sign must be removed. The property owner has been informed of this requirement. The sign was placed without a permit and the Building Official was working on the removal. The 62 Highway Business Ordinance requires issuance of a special use permit to sell new or used automobiles in a Highway Business. Therefore, The Planning Commission should consider prohibiting the use of banners and flag on the vehicles as this tends to clutter the property and the CR 75 Corridor has high aesthetic requirements. As you can see from the following findings, the Resolution of Findings include some of the same provisions that North Country Trailer Sales such as the banners and signs. The lighting provision has been included to remind everyone that lighting cannot extend towards CR 75. Please notice that the property is actually owned by Brothers One, who jointly signed the application authorizing the hearing process. ATTACHMENTS: Hearing Notice, application, site plan, Ordinances, resolution of findings REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the findings recommending issuance of a Special Use Permit to Wesley Skochenski, 219 Cedar Street East. 33 ~o~~ ~_-~4 ~ o~~ j 2t~ ~,, ~ ~' I D .~ , . , ,~ ,, ,~~ ~, ~ ` o ` •• ~. ~ ~ ~~•, o@ w o; ~~ t J, D C 0 v c az a /.~. ;N '~ 3 N~ Q f• .~ _.~( 1`'' ~. ,~. (a~ ~~ ~~ ~sy.