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PL 12/05/2007 - 29928PLANNING COMMISSION MEETING December 5, 2007 Chairperson Savage called the Planning Commission Meeting to order at 8:04 p.m. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Approval of Minutes: Brad Dunham, Diane Savage, Leroy Oquist, David Kondrick, and Brad Sielaff Dean Saba and Jack Velin Stacy Stromberg, City Planner October 17, 2007 MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #07-11, by Bernie's Automotive Inc., to allow a repair garage in a C-3, General Shopping zoning district, legally described as Lot 18, Block 5, Rice Creek Plaza South, generally located at 6528 University Avenue NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 8:06 P.M. Stacy Stromberg, stated the petitioner, Bernie Cooper, owner of Bernie's Automotive, is seeking a special use permit to allow the continuation of a repair garage to be accessed on the north side of the Holly Center Shopping Center, which is located at 6530 University Avenue. Stacy Stromberg, stated the subject property is zoned C-3, General Shopping and is located on the corner of University Avenue and Mississippi Street. The Holly Center Shopping Center was originally constructed in 1960 and an addition was constructed in 1970. In 1984, a special use permit was granted to allow a repair garage as part of Champion Auto, in the Holly Shopping Center. When the special use permit was approved for the repair garage in 1984, it was for minor repairs and parts installation 1 associated with the retail sales at the Champion Auto Store. The hours of operation were to coincide with the retail operation of Champion Auto. Stacy Stromberg, stated a few years ago Champion Auto vacated the Holly Shopping Center; however, a repair garage under a different owner/operator re-occupied the garage in the rear of the building with no retail space in the front of the shopping center. Recently City staff discovered junk vehicles and tow trucks being stored behind the building of Holly Center. This outside storage was a violation of the special use permit granted to the Champion Auto Store. It was at that time that staff determined that a new special use permit needs to be considered for Bernie's Automotive, since the retail use previously affiliated with this business no longer exists. As a result staff required the petitioner to apply for the current special use permit allowing the City to ensure that this new use is consistent with the goals established for the C-3, General Shopping zoning district. Stacy Stromberg, stated the City Code allows repair garages as a permitted special use in the C-3, General Shopping zoning district. Repair garages are defined as a place where major repair of motor vehicles is conducted, including engine rebuilding or reconditioning and collision service, including body, frame, or fender straightening and overall painting of motor vehicles. Bernie's Automotive has been utilizing this space for almost 3 years. The business occupies approximately 3,300 square feet in the rear portion of Holly Center Shopping Center, which has 3 service bays and 1 service door. The types of services the business provides are oil changes, engine and transmission repair, electrical diagnosis, tire, brake, suspension repair and towing of vehicles in need of repair. The petitioner doesn't provide any bodywork as part of his business. Stacy Stromberg, stated since this type of business has been in existence on this property since 1984 with very little complaints, staff feels that all impacts of the business can be mitigated through stipulations. Stacy Stromberg, stated City staff has heard from approximately five neighboring property owners who were mostly looking for clarification as to where the repair garage would be located and if Holly Center was going to be torn down. Stacy Stromberg, stated City Staff recommends approval of this special use permit request, with stipulations. Repair garages are a permitted special use in the C-2, General Business zoning district. Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday 9:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 2 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. 7. Exposed wiring over overhead doors to be inspected and revised as Code requires. Electrical permit shall be obtained prior to work commencement and a licensed contractor shall be obtained to complete the work. Chairperson Savage stated she was wondering about the hours of operation, why 9 p.m? Is that when the Holly Center is open? Ms. Stromberg replied actually those hours of operation came from our noise ordinance, and those hours are related to when the City allows the use of power equipment to be utilized. She has spoken a little bit with the petitioner, and he has told her that he would prefer they open as early as 8 a.m. on Saturdays and Sunday. She told him he could address that with the Planning Commissioner, and it could be potentially changed. MOTION by Commissioner Kondrick to receive the two letters into the record. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage asked whether Rosemary Hofstad, who submitted a letter to the Commission, understands the Holly Center is not going to be torn down? Ms. Stromberg replied she did speak with her after she submitted the letter and told her the Holly Center would not be torn down, and this business already exists within the Holly Center. Chairperson Savage asked, so these other people did not understand that the business was already there? Ms. Stromberg replied, correct. Chairperson Savage asked whether they had any problem once they knew that? Ms. Stromberg replied, no. Commissioner Dunham asked whether the hours were inconsistent with the current hours now? Is it 8 o'clock now? Ms. Stromberg replied she was unsure what his hours are right now. Commissioner Dunham asked have there been any complaints? 3 Ms. Stromberg replied, there has not. Commissioner Sielaff asked what was the source of those vehicles behind the Holly Center? Ms. Stromberg replied they were related to this business. Commissioner Sielaff asked, and they cannot be back there anymore from now on? Ms. Stromberg replied, no, storage of vehicles will not be allowed. Chairperson Savage asked Mr. Cooper whether he had any problems with the stipulations? Bernard Cooper, Bernie's Automotive, Inc., replied, no, he really does not. His only issue is with the opening time on Saturday. They are not open on Sunday. They only work on Monday through Saturday, and they would really want to be open between 8 a.m. and 5 p.m. on Saturdays. Many of their customers come in the morning on Saturday and most of them want to get their work done early. They are not open to the public on Sundays. Chairperson Savage asked whether he had anything else he wanted to add to the staff report? Mr. Cooper replied, no. Commissioner Dunham asked Mr. Cooper regarding storage of vehicles and he is clear on having just the one tow truck that can be parked outside overnight? Mr. Cooper stated during the night sometimes they will have customers who have a break down on the freeway, and he has no control over where they put a vehicle when it comes for service and it is there overnight. He stated this isn't a frequent occurrence and if it becomes a problem, he will try to expedite the process. Commissioner Kondrick asked about the overhead wires outside. Mr. Cooper stated they are old telephone wires which were existing and have nothing to do with the garage. They do not use them. It may be a property owner concern. They do not have any wiring outside. Phil Herman, Horizon Management, stated he will take a look at what the wiring issue, but he doesn't know what they are offhand. He will have an electrician look at it. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Sielaff. 0 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:22 P.M. MOTION by Chairperson Oquist approving Special Use Permit, SP #07-11, by Bernie's Automotive Inc., to allow a repair garage in a C-3, General Shopping zoning district, legally described as Lot 18, Block 5, Rice Creek Plaza South, generally located at 6528 University Avenue NE, amending stipulation #1 to allow the business to start operation at 8:00 a.m. on Saturday and Sundays and eliminating stipulation #7 regarding the wiring. The special use permit was granted with the following stipulations: 1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday 8:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage stated the request will now go to City Council on January 7, 2008, to make the final decision. 2. Receive the Minutes of the October 1, 2007, Parks & Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the September 6, 2007, Housing & Redevelopment Authority Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Oquist. 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS 4. Approve the Proposed 2008 Planning Commission Meeting Dates. MOTION by Commissioner Sielaff approving the 2008 meeting dates. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN MOTION by Commission Oquist adjourning the meeting. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 8:25 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary �