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HomeMy WebLinkAbout[06] Special Use - Anne's MarketCITY QF ST. JfriN1'H Planning Commission Agenda Item 6 MEETING DATE: August 3, 2009 AGENDA ITEM: Public Hearing, Special Use Permit Anne's Market SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Brian Virnig allowing an owner occupied rental unit at 418 Elena Lane with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission determined at the July 6, 2009 meeting that outdoor sales in the B2 Highway Zoning district would be considered by issuance of a special use permit. See minutes of July 6, 2009. BACKGROUND INFORMATION: See minutes of July 6 and Council packet information for the same. As requested at the July meeting, tenant Anne Swartz has provided a written agreement from the Auto lot for the parking arrangements. ATTACHMENTS: Draft resolution of findings, hearing notice, application, parking agreement, lot layout, vicinity map, July 6, 2009 meeting material relating to Anne's. REQUESTED PLANNING COMMISSION ACTION: Included in the packet is a resolution of findings recommending approval with contingencies. Resolution of finding The request of Brothers & One Inc, on behalf of Ann Schwartz, for a Special Use Permit came before the Planning Commission at a public hearing held on August 3, 2009. The purpose of the hearing was to consider issuance of a Special Use Permit to allow for outdoor sales in a 82 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: 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: q) Uses determined to be of similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safe and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. The request for Special Use has been submitted by Brothers & One Inc, 219 Cedar Street E, St. Joseph, MN 56374 on behalf of Ann Schwartz. 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 Planning Commission makes the following recommendation: Approval of the Special Use Permit to allow outdoor sales in a 62 Highway Business Zoning District with the following contingencies: 1. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The use of streamers and banners is prohibited. 3. All outdoor sales will be confined to the back of the building. Adopted this 3rd day of Au ust 2009 ATTEST 5. Kathleen Kalinowski, Chair Judy Weyrens, Administrator ~. CITY OF ST. OS~PH 1 WWW.cityof stjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, August 3, 2009 at 7:25 PM. The purpose of the hearing is to consider a Special Use Permit to Administrator allow for outdoor sales at 219 Cedar Street. ~udy Weyrens The property is legally described as:.75A W 200' OF E 631.57' OF SE4NW4 LYING N OF HWY 52 & S OF RR LESS .07A FOR HWY CITY OF ST JOSEPH Mayor St. Joseph Code of Ordinances 52 32 Subd 4: Uses Under Special Use Permit. The AI Rassier following uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance: Councilors Steve Frank q) Uses determined to be of similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, Bob Loso safety and welfare of the City, and that the use is consistent with the Renee Symanietz stated intent of the zone as contained in Subd. 1. Dale ~1Uick Brothers & One Inc, 219 Cedar Street has submitted the request for Special Use on behalf of Ann Schwartz. Judy Weyrens Administrator Publish: July 17, 2009 '----£ti~i n. btu rrsu + ~ nsivw„ + iw~ (' ~fl4 i ~t ~ ~If~ St t ~ ~i#;i~T~_ 12fl 2fl+~ 2fl6' 3[Ifl 3fl4 f--~QO _--~-~08 ~._.`~ 123 I i 2fl~ 207 z1~J I~~s i~ I i 119 2€13 j-----_.._ ,116 148~~115 +~ 14;~-. E- 22~ ~ l r""y,"'71'_;__x.__ ~ ifl7 117 a ~ ~ ~215~.~ ~~~ ry 1413 111 ' 1fl5 ' 24.3 2fl4' ~ ~ ~~ i 121 n r ' Za5 _-~_._ 221 ~ ASt~ ST t= ~ r _ +. 220 V 'r34( 11fl, 12fl~1, 3Q2~18 216 Proposed location of special use zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 phone 3ZO.3b3.7zoi Fax 3zo.363.o34z APPLICATION FOR SPECIAL USE PERMIT City of St. Joseph 25 College Avenue N PO Box 668 St. Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) NAME: ADDRESS: chwar z Pdar S~ Fee $ Paid Date PHONE: 00000 r./' ~~s~ah, J')') ~ t I/We, 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 io conduct the following: ~~~ C~oOr ~n Swri. -~'-om Ala y -def. 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): Property ID Number: 84.53425.0004 Property Description: Sect-10 Twp-124 Range-029 .75 AC .75A W 200' OF E 631.57' OF SE4NW4 LYING N OF HWY 52 & S OF RR LESS .07A FOR HWY CITY OF ST JOSEPH 3. Presentzoning of the above described property is: 4. Name and address of the present owner of the above described property: ID Number: 92664 ~c'~i'~ ~ ~'!'e1~'l4,~' ~ 1 . ~;j BROTHERS 8 ONE INC 720 HWY 75 R~r~~Y ~ r~•'~?~'~ ~ ST. ~O 5~~~ BOX 106 _ CLEARWATER MN 55320-0106 NQ~,~~ ~~'~~r7~ S j ~O$ ~D~ 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: r Yes `~/ No 6. Will the proposed use depreciate the area in which it is proposed? Please explain: (- Yes No 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: Yes r' No 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes r' No Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Date: ~- ~ - Property Owner Signature: , Date: FOR OFFICE USE ONLY Date application submitted: Date application completed: Planning Commission Action: r` Recommend Approval ~ Recommend Disapproval Date of Action: Council Action: r Approved r Disapproved Date of Action: Date ApplicanUPropertynwner notified of City Council Action: Anne's I 2S~ e~ ~ ~~ c~he u S ky will move my entire inventory of automobiles each Saturday from the second week-end of May until the second week-end of October. I will place them in such a manner as to allow maximum utilization of my parkin 1 king at the Outdoor Market held behind Anne's every Sunday. /~ 1 ~1 GUCvI %~ ~J "~ ~ ~~ r'Y _~ o~ ~• ~~. ~ ~ 1 (L{ ~ 'Y'" ~ V nn.{ lr ~ ' ~~ ~ ~,•~ .:,~ ~~~~ ~G~~~~~, ~, ~a ~ y~~. -~- ~ ~ ~~ O- ~`i ~ ,~~' ; ~.~ ,~ :~ . tea. \ `.~ ~ ~~` • v. ti~ ~`0„ a` - ..., ~1~ 'F, .~ ~+ `•~.,~ ~4 ~~`~ 1`, ~, \ ~'t ` .,+~ ~ y`.+,+.~~..y ~ It ~4. '`~ °•~ ',~ °\,'~ `'R 4 \. '\ \ \ ~ \ ~ ~ \ `\ ~ ~`~ ~ . '~ Fr ti ~n ~ ~~ 1 ~O ~! 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This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. https://portal.sehinc.com/sehsvc/html/dvo/mapl,ayout.htm 7/14/2009 rrr~• qF sT ,u»h rn Planning Commission Agenda Item 5 MEETING DATE: July 6, 2009 AGENDA ITEM: Anne's Market SUBMITTED BY: Administration STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Brothers One has leased the space to Anne's Market for a retail store and an outdoor market. The property is located on Cedar Street and is on the same parcel as the Car lot that was just approved. In reviewing the Ordinance, an open market is not listed as a permitted use. The only similar use is a Farmers Market, but that is limited to produce only. Anne is appearing before the Commission to see if the Planning Commission would allow the use under a special use permit. The permit could not be issued without conducting a public hearing, the purpose of the agenda items is have the Planning Commission make a determination as to whether or not the use is appropriate for the B2 Zoning District. The B2 Zoning District contains the highest aesthetic requirements and landscaping. If it is determined that an open market should be allowed in the 62, it should be done so with a special use. Once it is allowed or permitted other applicants can also apply. In talking to the property owner we discussed that used car lots require a special use permit and how that could be similar. The only difference is that most people identify open markets with flea markets and a lot of "stuff" sitting around, possibly detracting from the corridor. The use before you does not operate as a flea market. If the use is going to be permitted you may think about requiring indoor retail in conjunction with the outdoor sales so you do not end up with just outdoor markets. Anne is proposing to locate all the open market businesses behind the building and they will only operate between May and October, open the second weekend of each month. Anne's will operate as an occasional store only open one weekend a month. These type of stores are becoming very popular and the Minneapolis Tribune did a story on these types of stores last month. I am aware of occasional stores in Buffalo, Hutchinson, Chaska and Carver. However, not all of these have outside vendors. Anne's will be open this weekend as she had already established the sale before we were made aware of the use. If you want to see what type of store it is you can stop this weekend and see. ATTACHMENTS: Property map, Anne's add REQUESTED PLANNING COMMISSION ACTION: Determine the if the Zoning Classification fits. Anne's A Fun Way to Shop in St. Joseph _ Next Sale: July 9 -12 Thursday, Friday & Saturday gam- 6pm ,, Sunday 9 am - 3 pm Located at: 219 Cedar St., St. Joseph, MN Anne's Outdoor Market. open every Sunday. Selling Home-Decor and everything Located behind Anne's for the garden! ! ! gam-3pm (Anne's Shop will also be open! ! -) For Information Contact Ann (612) ZOS-1006