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HomeMy WebLinkAbout[06a] Interim Use Permit [Heim-Kin] • Council Agenda Item 6 CL CITY OF ST J�xSN pH MEETING DATE: November 19,2018 AGENDA ITEM: Interim Use Permit Request,Heim-Kins, 219 Cedar St.E SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission(6-0) recommends granting an interim use permit for five years with a review after one year. PREVIOUS COUNCIL ACTION: In 2009 the City Council granted a special use permit for a seasonal outdoor market on Sundays on the Subject property as recommended by Planning Commission. BACKGROUND INFORMATION: This last summer it was brought to the attention of city staff that customers of Heim-Kins 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-Kinn 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 findings 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 Council Action Location Map Resolution 2018-054 Application and Site Plan Building Floor Area 2009 Approved Site Plan REQUESTED COUNCIL ACTION: Motion to authorize the Acting Mayor and Administrator to execute Resolution 2018-054. • xw,fntydfctirph.cam CITY OF ST. JOSEPH RESOLUTION 2018-054 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSES OF HAVING OUTDOOR DISPLAY AND SALE OF MERCHANDISE. WHEREAS, Brothers and One, Inc., owner, and Heim-Kins, LLC, applicant,have properly applied for an interim use permit for outdoor display and sale of merchandise on the property generally described as 219 Cedar St. East, St. Joseph, Minnesota and legally described as follows: All that part of the Southeast Quarter of the Northwest Quarter(SE 1/4 NW 1/4) of Section Ten (10), Township One Hundred Twenty-four(124)North, Range Twenty-nine(29)West, described as follows,to-with: Commencing at the Southeast corner of the NW '/4 of said Section 10;thence on an assumed bearing of North along the East line of said NW % a distance of 559.31 feet to a point on the Northerly right of way line of County State Aid Road No. 75 (formerly Trunk Highway No. 52);thence North 88 degrees, 18 minutes,West along said right of way line 831.57 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 Southeasterly along said right of way line to its intersection with said East line of NW 1/4 of Section 10;thence South along said East line 87.91 feet to the point of beginning. LESS AND EXCEPT therefrom the East 431.70 feet and the West 200 feet thereof(as measured along the northerly right of way line of County State Aid Road No. 75, formerly known as Trunk Highway No. 52). "Subject Property" WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on November 13, 2018, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard;and WHEREAS, on November 13, 2018, the St. Joseph Planning Commission reviewed the proposed interim use permit and adopted Findings of Fact in support of granting an interim use permit and recommended approval of the request for an interim use permit to the City Council. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA, hereby makes the following Findings of Fact: 1. That Brothers and One, Inc., and Heim-Kins, LLC, hereinafter referred to as"Applicant," properly applied for an interim use permit to allow for the year-round outdoor display of merchandise for sale on the Subject Property. 2. That the Applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on November 13, 2018 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 3. That the land use plan for the Subject Property is corridor commercial and the proposed use is in compliance with the land use plan of the Comprehensive Plan of the City. 4. That the Subject Property is zoned B-2, Highway 75 Business District and an outdoor market is a permitted Interim Use. 5. 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 6. 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. 7. 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. 8. 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. 9. 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. 10. That the existing access from Cedar St. East will continue to provide access and will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 11. That the existing parking lot will provide sufficient off-street parking and loading space to serve the proposed use. 12. 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. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, an interim use permit("Permit")to allow for year-round outdoor display and sale of merchandise on the Subject Property is hereby granted. 2. Granting of the Interim Use Permit shall rescind the recorded Special Use Permit, Document A1317542 as filed with Steams County. 3. 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. 4. That the days of operation shall be limited to Saturday and Sunday. 5. That the Off-Street Parking Ordinance shall be met. 6. 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. 7. That off-street parking by patrons shall be on the Subject Property. 8. 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. 9. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 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: If within one(1)year after issuance of granting an interim use permit the use permitted has not started,then the permit is null and void, unless the City Council has approved a petition for an extension. The interim use permit shall expire within five (5)years on November 19,2023 with a one (1)year review by the Planning Commission by November 19, 2019 to determine if the terms and conditions of the permit are being complied with. The interim use permit shall expire if the authorized use ceases for any reason for more than one (1)year. 12. The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. Whereupon said resolution was declared duly passed and adopted by the St.Joseph City Council this 19th day of November, 2018. CITY OF ST. JOSEPH By By Dale Wick,Acting Mayor City Administrator Interim Use Permit Request, Heim-Kins, 219 Cedar St. E "",fit 4'VI' a ,'. ♦ F� �• _ a..: `•c `fit. A Subject Property f ', Hollander's Liquor Store. Lee' Ace Hardware - • ,. ,11 'roposed Meithandis e- Xr ._ V ; ' - _ _. • 11 4 Cedar St ,., _b . - — —CSAH 75 _ _. *- - .. .:moi:. __ - October30, 2018 1.1,128 0 0.0075 0.015 0.03 mi Ii, Steams County Parcels 0 � I 4 t Lr_T-� 0 0.015 0.03 0.06 km Parcel 71 Municipal Boundaries SEH SmartCmnect User SEH i %*%cipvn}stKnoplt.co,n CITY OF ST. JOSEPH RESOLUTION 2018-054 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSES OF HAVING OUTDOOR DISPLAY AND SALE OF MERCHANDISE. WHEREAS, Brothers and One, Inc., owner, and Heim-Kins,LLC, applicant,have properly applied for an interim use permit for outdoor display and sale of merchandise on the property generally described as 219 Cedar St. East, St. Joseph, Minnesota and legally described as follows: All that part of the Southeast Quarter of the Northwest Quarter(SE '/NW '/o)of Section Ten (10),Township One Hundred Twenty-four(124)North,Range Twenty-nine(29)West, described as follows, to-with: Commencing at the Southeast corner of the NW % of said Section 10; thence on an assumed bearing of North along the East line of said NW % a distance of 559.31 feet to a point on the Northerly right of way line of County State Aid Road No. 75 (formerly Trunk Highway No. 52); thence North 88 degrees, 18 minutes, West along said right of way line 831.57 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 Southeasterly along said right of way line to its intersection with said East line of NW '/ of Section 10; thence South along said East line 87.91 feet to the point of beginning. LESS AND EXCEPT therefrom the East 431.70 feet and the West 200 feet thereof(as measured along the northerly right of way line of County State Aid Road No. 75, formerly known as Trunk Highway No. 52). "Subject Property" WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on November 13, 2018, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on November 13, 2018, the St. Joseph Planning Commission reviewed the proposed interim use permit and adopted Findings of Fact in support of granting an interim use permit and recommended approval of the request for an interim use permit to the City Council. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.JOSEPH,MINNESOTA,hereby makes the following Findings of Fact: 1. That Brothers and One, Inc., and Heim-Kinn, LLC, hereinafter referred to as"Applicant," properly applied for an interim use permit to allow for the year-round outdoor display of merchandise for sale on the Subject Property. 2. That the Applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on November 13, 2018 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 3. That the land use plan for the Subject Property is corridor commercial and the proposed use is in compliance with the land use plan of the Comprehensive Plan of the City. 4. That the Subject Property is zoned B-2,Highway 75 Business District and an outdoor market is a permitted Interim Use. 5. 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 6. 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. 7. 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. 8. 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. 9. 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. 10. That the existing access from Cedar St. East will continue to provide access and will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 11. That the existing parking lot will provide sufficient off-street parking and loading space to serve the proposed use. 12. 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. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA,as follows: 1. Based on the aforementioned Findings of Fact, an interim use permit("Permit")to allow for year-round outdoor display and sale of merchandise on the Subject Property is hereby granted. 2. Granting of the Interim Use Permit shall rescind the recorded Special Use Permit, Document A1317542 as filed with Steams County. 3. 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. 4. That the days of operation shall be limited to Saturday and Sunday. 5. That the Off-Street Parking Ordinance shall be met. 6. 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. 7. That off-street parking by patrons shall be on the Subject Property. 8. 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. 9. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 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: If within one (1) year after issuance of granting an interim use permit the use permitted has not started, then the permit is null and void,unless the City Council has approved a petition for an extension. The interim use permit shall expire within five(5)years on November 19, 2023 with a one(1)year review by the Planning Commission by November 19, 2019 to determine if the terms and conditions of the permit are being complied with. The interim use permit shall expire if the authorized use ceases for any reason for more than one (1) year. 12. The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 19th day of November, 2018. CITY OF ST. JOSEPH By By Dale Wick,Acting Mayor City Administrator 0,AL9kA#—J'AA, City of St.Joseph Y.��.0.44t; ph Application for Interim Use Permit CITY Of ST. JOSEPH Applicant C7erri ce1Q1 '- o` Rte^ r /R4 sac)_ s a-setr Phone: AC)c1ctl`t 14 Or Email: P �ljfe'c (=Lot-CoY1/\ Mailing Address: P.n. 1B OAC 14-5 J Property Owner: Lk -. Zoe ? -s / w - i- nye . Y)L Phone: did" Email: c Mailing Address:PAD . ©}c t C!p C� \ ctC' tA.,Q.7\--er 5-5'3 e7 PROJECT INFORMATION: Project/Development Name Project Location p1 i.ok. (;3c&r C�r �C s .1-- St.. Parcel - Parcel Identification Number(PIN): );W• 53t4 5, ADO 4 Legal Description of Property(attach a separate document if needed): 6/•-)c -e1.2..krid Description of Request: [MI) 2a vA[k 56 c9 O f ed is (N.A.V i6oe. (GO4LLeA ckAA. oNr Hours of operation,including days and times: 0.46/ S LAYId n.�S 10-5 CSC tkos 61?0� me,J Describe existing and proposed lighting of the property? l) (lc,,..Lc Liiut Will any exterior display or signs be used? vgp Will there be any exterior storage for the interim use? J Q5cAvtlev ►SPt fJ\Ak vN 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,floodplain,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 final 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 u ditional legal,engineering,building inspection or planning fees related to the Interim Use. J ....-A_......... A../ 1 -/2j ' Date Si)': • of •�licant � /� , D ^ ) 21— /e Signature •f•weer(s) Date 1� FOR OFFICE USE ONLY Fee: $400 Paid I/C: 4161 e Date application submitted: I S/l 1 ft I' Date application completed: I L,l 7 Peg- . St.Joseph Application Interim Use Page i 4 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. . i . . , i 1�!'a it. ! r1■ inn-_;k,.� ' I I niEni IN1MIERS1.4.1.11PAU 1 li I i I I 4 '' re : . . . . i ; , . , i 1 Hi 1 1 1 _ go. n: I 1 ‘. ') .- 1 _ -•I t II 1 1 i . . wil , ma - :: iiniminni. 1 1 1 : . m _ i! 1 1 [ i i` i i „ t f I I 1 I i l f t fF it. 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LI'1 1 1 1 1 i og I . 1.• I • p1 t �1 1 fi /• . , , , I t t f i 1 1 al--) ...., , N C Sk, Property Description All t st pert of t he southnea t Q artr of the Northwest 4retter(E X NW*of Section ten(10k ThenMtip One hundred Twy4mr(124)North,Amp pm West,deleted ablate,to. • Mit Catntaed%at the Untwistaonter of the NW Not said section 10,deeoe on in owed hewing ofNorth along She East Mneofsaid NWXa&once4559.31feettoapoint onthe Norther,/fofway Ina of County Stele Aid Mad No 7S(forms*Think ,No.S2),thence Nath 11 degrees,111 minutes,West along mid rigid ofN e OW het,th mce North 01 duces,35 minutes,East n0.22 het to its intersection with the Southwests rls right of hay line oIwMrgMon Northern k*us„thence Southeasterly along midright ofway Unto Nstrearsecgon with'odd East One(AIMS ofSecdon 10, thence South along std East INN 87.91 feet to a point of bqginning.LESS and EXCEPTt a of om the East 43130 feet and the West 200 feet thereof(as measured along the nort erty right demo an.of County State Aid Mod No:75,former*MOM ar thMk Wow No 52) 14' Floor Area of Building 219 Cedar St. E 2036' � 77 20' 0001977 264.0 sf 22 . 0 ' 8' 12' SIZ1977 57 2200 sf SIZ 1977 401 1140 sf 80' Heim-Kins Rescued Treasures 20' BAS 19 7 7 460 sf 23 "OFFICE" 20 ' 20' 8.0'0001977 CAN 1977 8.0 160.0 sf 160.0 sf Porch 20.01 20.0' 2009 Approved Site Plan ENcl 0 • 00,4S/de \leHCI'G ir S % f / ✓` / f f .//V/ ) . O cloy,/ ,t/iairke� et7 S / / r / f / ' / iO%4O✓ ff /f �,_ P r/ ,f / // / / y _ 2- r hi 3 -4 ' / ell/ , • / // , f f /s r' , ,•4,,/ ir /7/1///:'; °<'.// / '.0 / /7/ //.// 7 rti : ! F . 7/// / / // r J I Orr [ v�v1J �10� aru 13 ! o�l . I roe ...g) It C1; ,,- N ,o Cedar St. E , ,~..•I