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HomeMy WebLinkAbout[05] Public Hearing, IUP Heim-Kins, 219 Cedar St. E f Crry OF ST.JOSEPH Planning Commission Agenda Item 5 MEETING DATE: November 13,2018 AGENDA ITEM: Public Hearing, Interim Use Permit Request Heim-Kins, 219 Cedar St.E SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve Findings of Fact and Decision recommending the City Council grant an Interim Use Permit with conditions,including determining date of expiration. PREVIOUS PLANNING COMMISSION ACTION: On August 3,2009 the Planning Commission adopted a resolution of fmding and recommendation approving a special use permit for a seasonal outdoor market on Sundays on the Subject Property. Subsequently,the City Council granted a special use permit for the outdoor market as recommended by the Planning Commission. BACKGROUND INFORMATION: This last summer it was brought to the attention of city staff that customers of Heim-Kinn Rescued Treasures were parking in the parking lot of the Ace Hardware store and a large amount of merchandise was being stored outside in the parking lot of the Heim-Kins store. The current special use permit allows for seasonal operation(May—Oct)of an outdoor market on Sundays, while it does not allow for storage of merchandise outdoors.Heim-Kins was sent a letter, along with meeting with staff related to the approved special use permit perimeters and have removed the merchandise from their parking lot.The special use permit was issued prior to Heim-Kins,LLC taking over the space and they are requesting changes from the approved special use permit. As such,Brothers and One,Inc. owner,and Heim-Kins LLC,applicant are requesting approval of an interim use permit to allow for outdoor display and sales of merchandise year-round in the existing parking lot at 219 Cedar St. E. The store would be open on Saturdays and Sundays from 10 AM to 5 PM and by appointment according to applicant and they are proposing to store merchandise outdoors continuously on the front porch and along a portion of the westerly side of the building(a 6 feet wide by 40 feet long area).The property is zoned B-2 Highway 75 Business District and the City's zoning ordinance allows for an outdoor market as an interim use. The indoor retail area is 2,200 SF and the front porch is 160 SF(2,360 SF total),and the plan proposes 240 SF along a portion of the westerly side of the building for a total retail area of 2,600 SF.The City's Off-Street Parking Ordinance requires one space per 250 SF of net floor area,which would require a minimum of 11 off-street parking spaces.Off-street parking spaces are required to be striped and meet the minimum size of 9' wide x 20' long per City Ordinance. The plan proposes 10 off-street parking spaces along the front and westerly side of the building and employee parking in the rear of the building(room for up to two spaces). Interim uses allow you a certain amount of discretion in determining the suitability of the use, along with the ability to impose conditions provided there is a nexus between the use and specific fmdings addressing such items as hours of operation,noise,access, and location and size of interim use to protect the general welfare and public safety of the community. ATTACHMENTS: Request for Planning Commission Action Location Map Public Hearing Notice Findings of Fact and Decision Application and Site Plan Building Floor Area 2009 Approved Site Plan REQUESTED PLANNING COMMISSION ACTION: Motion to Approve/Table/Deny Findings of Fact and Decision recommending the City Council issue a Conditional Use Permit with conditions for year-round display and sale of merchandise. Interim Use Permit Request, Heim-Kins, 219 Cedar St. E Fer F-- ,,,k.. . . . 44.• • ,1 _ , „., .. _. . ,,,., ..,. , ..ki. ti... . . , 4 .,_ tit i ., x p 1 Subject Property Lee's Ace Hardware; is Hollander's Liquor�Stor3 dir ,r,% 'roposed Merchandise . ea ', 225 wror res . ...,. , Ys i� ._ • 1 !qk 1- r, li,� i Cedar St. . 40 • , 4gui October 30, 2018 1:1,128 0 0.0075 0.015 0.03 mi Steams County Parcels 0 ' t I ti 1---i0 0.015 0.03 0.06 km Parcel L_; Municipal Boundaries SEH SmartCmnect User SEH ALALliaii CITY OF ST. JOSEPI-I www.cityofstjoseph.com City of St. Joseph Notice of Public Hearing Interim Use Permit Administrator Judy Weyrens The St. Joseph Planning Commission will hold a public hearing in the St. Joseph Government Center, 75 Callaway Street East on Tuesday, November 13, 2018 at 6:00 P.M., or as soon thereafter as the matter may be heard, to hear all persons present upon the request for an interim use permit to allow for year-round outdoor sales as Mayor submitted by, Brothers and One Inc., Rudolf Zimmer, owner and Heim-Kins, LLC., Rick Schultz applicant; for property located at 219 Cedar St. E, St. Joseph, MN. Judy Weyrens Councilors Administrator Anne Buckvold Publish: November 2, 2018 Troy Goracke Bob Loso Dale Wick 75 Callaway Street East• Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.7201 Fax 320.363.0342 City of St. Joseph IN RE: FINDINGS OF FACT Application of Heim-Kins, LLC AND DECISION Interim Use Permit for Outdoor Display and Sales at 219 Cedar St. E, St.Joseph MN FINDINGS OF FACT On November 13, 2018, the St.Joseph Planning Commission conducted a public hearing to consider the application of Brothers and One, Inc., owner, and Heim-Kins LLC, applicant for an interim use permit for outdoor display and sales of merchandise on the property generally described as 219 Cedar St. E, St.Joseph Minnesota "Subject Property" The St.Joseph Planning Commission hereby finds the following Findings of Fact: 1. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 2. That the Subject Property is zoned B-2, Highway 75 Business District and an outdoor market is a permitted Interim Use. 3. That a special use permit was issued on August 20, 2009 for the Subject Property allowing a seasonal outdoor market on Sundays from May 1—October 31St 4. That Brothers and One, Inc., and Heim-Kins, LLC, hereinafter referred to as "Applicant," properly applied for an interim use permit to allow for year round outdoor display of merchandise for sale on the Subject Property. 5. That the interim use will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood and will be harmonious to the to the objectives of the Comprehensive Plan of the City. 6. That the outdoor display of merchandise will be located on the front porch and along a portion of the westerly side of the building encompassing a 6 feet wide by 40 feet long area and will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with character of the area and is not hazardous or disturbing to existing or future neighboring uses. 7. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. 8. That the interim use will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise,smoke,fumes,glare or odors. 9. That the existing access from Cedar St. E will continue to provide access and will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 10. That the existing parking lot will provide sufficient off-street parking and loading space to serve the proposed use. 11. That the interim use will not result in the loss or damage of natural, scenic or historic feature and the soil conditions are adequate to accommodate the use. DECISION Based on the Findings of Fact,the St.Joseph Planning Commission recommends the St.Joseph City Council issue an Interim Use Permit on the Subject Property to allow for year-round outdoor display and sale of merchandise based on the following conditions: 1. Granting of the Interim Use Permit shall rescind the recorded Special Use Permit, Document A1317542 as filed with Stearns County. 2. That the outdoor display of merchandise shall be limited to a portion of the front porch provided the access is unobstructed and meets the MN State Building Code, and along a portion of the westerly side of the building not to exceed 240 square feet, 6 feet wide by 40 feet long area as proposed and approved by the City. 3. That the days of operation shall be limited to Saturday and Sunday. 4. That the Off-Street Parking Ordinance shall be met. 5. That at least eleven (11) off-street parking spaces shall be provided and striped that are at least 9 feet wide by 20 feet long meeting City Ordinance requirements. 6. That off-street parking by patrons shall be on the Subject Property. 7. That the parking lot drive access on the westerly and northerly boundary of the Subject Property shall be a minimum of 12 feet wide and no parking shall be allowed within the drive access. 8. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 9. The City shall have the right to inspect the premises for compliance and safety purposes at any time upon reasonable request. 10. Revocation:The City Council shall revoke an interim use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with.A certified copy of an order of the City revoking an interim use permit shall be filed with the County Recorder for recording. 11. Expiration:The interim use permit shall expire within year(s)on 20 or if the authorized use ceases for any reason for more than one (1)year. Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph Planning Commission this 13th day of November, 2018. CITY OF ST.JOSEPH By Planning Commission Chair By Therese Haffner, Community Development Director City of St. Joseph ..,co olu;nsrph COM) Application for Interim Use Permit CITY QF ST. JOSEPH Applicant (rr i CRieX �` oJr K&de' /11�1✓Y�- 1S LL..0 ayv Igy� or l ozrt3-Email: �P k� o`ol-CoYv\ Phone: 3�d, Or �f Mailing Address: •n. 7D O-)C. LI 3 J Property Owner: Lk S r e B'`o4-\''ve e -(-- 0Ae . 1n L Phone:J )S0--,0261/ Email: \ �N Mailing Address:cp.O . ©}C t C4 r \ ct.c c, ,�r e� 553 0 PROJECT INFORMATION: Project/Development Name Project Location A k,(k. _ S Parcel Identification Number(PIN): ) . 534a5, coo4 Legal Description of Property(attach a separate document if needed): Description of Request: D 1 S` [ail avt56 D u oo rr'c jAcA,ock? e,L i& (Go'&e,n Hours of operation,including days and times: SOAtA .-y G..& SL-via S tO"S C)c b 0,1?k me . Describe existing and proposed lighting of the property? li 1( rtc_a_ (3)bit ut 0 Will any exterior display or signs be used? %_51.11 _ Will there be any exterior storage for the interim use? JQ7- �rC V 'AL i P W L\\ '(e mai St.Joseph Application Interim Use Page 13 Submission Requirements: Application for an Interim Use Permit shall be on this form and include the established application fee.The application and copies of the site plan shall be submitted three(3)weeks prior to the next Planning Commission meeting.Ten(10) 11 x 17 copies of the site plan drawn to scale,along with an electronic copy to scale showing the property dimensions,wetlands,floodplains,grading and drainage,landscaping,location of utilities,location of all existing and proposed buildings/structures and their sizes,including square footage;location of all existing and proposed curb cuts,driveways,access roads,parking spaces,off-street loading areas,and sidewalks must be submitted in the initial application. The City may request additional data deemed reasonable and necessary related to the conditional use. A written narrative outlining the Interim Use requested,along with any information explaining the operation is required to be submitted as part of your application. Review and Decision by the City Council. The City Council shall review the application after the Planning Commission has made its recommendation and will make a fmal determination to either approve or deny the application.In the granting of approval,the City Council may impose conditions regarding the location,character and other features of the proposed building, structure or use as it may deem necessary. This application must be signed by all owners of the subject property. We,the undersigned,have read and understand the above and that we are responsible for reimbursing the City for an :dditional legal,engineering,building inspection or planning fees related to the Interim Use. iii Sign re of pplicant ioe Sign !,�i, lb — ) /g Signature .f•wner(s) Date FOR OFFICE USE ONLY Fee: $400 Paid V G t)18 Date application submitted: 161111(k illt '1/(k Date application completed: 1 L// "2/11:P-- . . St. /1- St.Joseph Application Interim Use Page 14 To: City of St.Joseph October 11, 2018 From: Heim-Kins LLC Gerri Feld and Pat Kaeter RE: Interim use application The application for an interim use permit is being submitted requesting permission to secure an outdoor space to display and sell outdoor yard and garden merchandise year round. We have designated an area on the west side of the building in an area that is unsuitable for parking. It is located on the west side of the portion of the building that protrudes out 8 feet. We would like to designate a 6 foot by 40 foot area as a display area.This will add 240 sq ft of retail.The total indoor retail space is 2200 sq ft.giving us a combined retail sales area of 2440 sq ft. we will still be able to accommodate 10 parking spaces as shown on the site plan. The extra retail space is imperative for us as we have become a destination for outdoor merchandise. To remain competitive in this market it is necessary to display this merchandise outdoors. We have a clientele that travels 2-3 hours and more to explore our new finds. This also brings extra revenue to other businesses in the community whether it be for gas, restaurants,other retailers. 1 I I I I I. I ' [ ! _[ iFWIIk _:I, I l l ^ I s l I 11IUNUlILII `i moi► • I I i , , motel } ! I I } I 1 6 1 , : ME I I ' immuinsammumumaNki. UWU• I V I I I 1111111111111111111111511011111111111111111111100: 1 . ! ! I 1 1 MI IPM / I II} 1 1 ! 1 [ 11611111111111111111 ■E — I ! 1 ! ! 1 1 • 1/111111 III IMEMO IE. MIMI 1 ! 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E Property Description Ail that pmt of the southeast Quarter of the Northwest Quarter(SE a NW X)of Section Ten(10), Township One hundred Twenty-far(124)North,Range TWenty Lane(29)West,described as follows,to- wit:Commencing at the Southeast corner of the NW K of said section 10,thence on an assumed bearing of North along the East line of said NW X a distance of 559.32 feet to a point on the NoTherly right of way Ine of County State Aid Road No 75(formerly Trunk Highway No.52),thence North 88 degrees,18 minutes,West along said right of line 83157 feet,thence North 01 degrees,35 minutes,East 290.22 feet to its intersection with the Southwesterly right of way line of Burlington Northern Railroad,thence along said right of way fine to its intersection with said East line of NW X of Settlor 30, thence South along said East line 87.91 feet to a point of beginning.IESS and EXCEPT therefrom the East 43L70 feet and the West 200 feet thereof(as weouued along the nettle*/right of way line of county State Aid Road No.75,formed/known as Trunk Nighway No 52) 14' Floor Area of Building 219 Cedar St. E 20' 36 ' 6' 20 ' 0001977 264.0 sf 22 . 0 ' 8 ' 12 ' 5121977 57 ' 2200 sf SIZ1977 40 ' SO ' 1140 sf Heim-Kins Rescued Treasures 20 ' BAS 19 7 7 24' 460 sf 23 ' "OFFICE" 20 ' 20 ' 8.00001977 CAN1977 8.0 Porch 160.00 166.0 sf � 20.0T , 20.0 $ • . --. .... _ „ . . -' • . . .. , . \ i % ..;-• - b• -s/ . .4 ' 0 . 40 7 0 . , a 12 7 , _A iii Iv : \ .., A_ 1 0 _i gyp v to z CD . . 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