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PL 05/21/2008 - 30943� PLANNING COMMISSION MEETING MAY 21, 2008 Acting Chairperson Kondrick called the Planning Commission Meeting to order at 7:03 p.m. MEMBERS PRESENT: MEMBERS ABSENT: Brad Sielaff, Matthew Brown (substitute from the Appeals Commission), David Kondrick, and Dean Saba Diane Savage, Brad Dunham, Jack Velin, and Leroy Oquist OTHERS PRESENT: Stacy Stromberg, City Planner APPROVAL OF PLANNING COIVINIISSION MEETING MINUTES: April 16, 2008 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Sielaff UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of Special Use Permit SP #08-07, by Michael Jackson (Franklin Builders), to allow limited outside storage on the property, generally located at 7865-69 Beech Street NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:06 P.M. Stacy Stromberg, City Planner, stated the petitioner, Michael Jackson, of Franklin Builders Inc., is seeking a special use permit to allow limited outdoor storage of construction materials and equipment and vehicles within a fenced in area in the rear yard of the property at 7865-69 Beech Street. The enclosed storage area is approximately 24 ft. by 61 ft. Ms. Stromberg stated the subject properly is zoned S-3, Heavy Industrial, Onaway Addition as are all surrounding properties. It is located on Beech Street, south of 79`� Avenue. The existing building was constructed in 1969 and an entry was added in 1989. Ms. Stromberg stated in 1998, the City created a new zoning district for industrial lots below one and one half acres in size, with special attention to the Onaway Addition. The creation of this zoning district allowed lots in the Onaway Addition to become in-compliance with the code as it recognized the small lot sizes. In 2004, the property was granted three variances. Two of them were to recognize existing non-conforming setbacks on the north and west sides. The third variance was granted to allow an addition to the south side of the building. 1'hat addition was never constructed and as a result that portion of the variance is null and void. Ms. Stromberg stated in June 2006, staff notified the owners of the subject properly that there were code violations on their property, which is used for the Franklin Builders business on the south end of the building and leased to an auto body business on the north end of the building. The outside storage violations came to staff's attention when the auto body business failed to apply for their annual license and the City Clerk asked that Planning staff investigate. An auto body business of a different name then later applied for an annual auto body repair license. Because of outside storage violations, Planning staff was reluctant to approve the annual permit. Under advisement from our City Attorney, staff did eventually approve the license and we continued to send letters to the property owner and the auto body business owner that code violations at the property needed to be resolved. Staff had called and written several letters trying to get the violations resolved. About one year ago, the property owners were asked one more time to meet with staff to discuss the violations at the site. Staff was able to meet with Michael Jackson, one of the owners, to explain that the properly owner needed to apply for a special use permit if they were going to continue to have outside storage at this facility. When no special use permit was received several months later, staff issued citations to all of the owners of the property. Ms. Stromberg stated the owners of the property and the owner of the auto body business have not had a clear understanding throughout this process about how the auto body business can be compliant with City codes. The auto body business only has room to store two vehicles inside the building at night. Staff has tried to communicate the code requirements that state the business cannot use on-street parking for the storage and delivery of customer vehicles. Staff has also tried to communicate that the business cannot store any vehicles outside the front of the building overnight, yet unlicensed and inoperable vehicles are often stored outside overnight. Ms. Stromberg stated a trial date on the court case has been postponed to July 21, 2008 to allow time for the special use permit application process to unfold. As a result of the court action, the petitioner has applied for a special use permit to allow limited outdoor storage on the site. Ms. Stromberg stated City Code allows limited outdoor storage in the S-3, Heavy Industrial Onaway zoning district that is up to 50% of the building footprint with a special use permit. The buildings square footage is 4,503 square feet, so City code would allow up to 2,251 sq. ft. of outdoor storage on this site. A 24 ft. by 61 ft. (1,464 sy. ft.) fenced in area already exists in the rear of the lot that is screened from the public right-of-way. This area is where the petitioner currently has the outdoor storage of construction materials and equipment. Vehicle storage for the business the property owner leases to is also located in this area. Ms. Strom6erg stated before the special use permit can be issued there are additional requirements that need to be met. Those specific reyuirements relate to height, screening, parking, and the types of materials allowed to be stored outside. City code requires the existing businesses to have 9 parking stalls based on the breakdown of uses within the building. City code also states that each parcel shall provide enough off-street parking for the businesses located on site. Since the stafF report was written, the petitioner has submitted a survey of the property showing how he plans to meet the requirements for nine parking stalls. In order for the parking requirements to be met the outdoor storage area will need to be reduced to make room for an additional parking stall. This will reduce the outdoor storage area to approximately 24 ft. by 50 ft. Ms. Stromberg stated the proposed site plan will be in compliance with all other code requirements for outdoor stora.ge. City staff hasn't heard from any neighboring property owners. � Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations. Limited outdoor stora.ge is a permitted special use in the S-3, Heavy Industrial Onaway Addition zoning district, provided specific code requiretnents are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Nine code complaint parking sta.11s shall be striped within 60 days of issuance of this special use permit. 2. No outdoor storage other than the existing enclosed area in the rear yazd shall exist on the site without an additional special use permit being approved. 3. The petitioner shall receive approval from the Fire Marshal for the types of materials stored outside within 30 days of issuance of this special use permit. 4. No junk (inoperable or unlicensed) vehicles shall be stored on site. 5. All vehicles shall be parked in designated pazking stalls. Commissioner Sielaff asked what was the basis for the attorney's advice on the licensing? Ms. Stromberg replied, unfortunately, she is not able to answer that because she was not involved with the court case. Julie Jones was involved with the court case with this property owner. Ms. Stromberg has only been handling it as far as the special use permit is concerned. She would assume though that the City Attorney recommended that the license be separate from the outdoor storage case. Acting Chairperson Kondrick asked the petitioner if he was okay with the stipulations? Mike Jackson, Franklin Builders, Inc., replied, yes, he is. What was happening before is they were kind of in the middle of actually selling the building and then they ended up buying it themselves and he bought his partner out. That was one reason why they did not go for the special use permit right away because they really did not know what they were going to do. However, in the meantime they did get rid of a lot of the outdoor storage. He would like to store his bobcat and other construction eyuipment on site. The body shop next door was probably causing most of their grief as far as storing cars, etc. � Acting Chairperson Kondrick asked if he pretty much has a grip on that? As far as keeping those guys from having cars on the street, etc.? Mr. Jackson stated they had been getting better. Acting Chairperson Kondrick asked whether the nine parking stalls would be a hassle for them? Mr. Jackson replied they are going to take off that one pa.rt of the fence and make room for one parking stall behind the building. Mr. Jackson asked if perhaps they can have a spot in front of the dumpster? Ms. 5tromberg replied, if there is room to adequately have the dumpster serviced, then there shouldn't be a problem. Mr. Jackson asked if they need like 10 x 20 feet for a parking stall? Ms. Stromberg replied, yes. Acting Chairperson Kondrick asked the petitioner, again, whether he had any problem with the stipulations? Mr. Jackson replied, no. T'hey want to keep the place looking decent. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIItPERSON KONDRICK DECLARED TI� MOTION CARRIED AND THE HEARING CLOSED AT 7:21 P.M. Commissioner Saba stated he did not have a problem with this at all. Commissioner Sielaff replied, he did not either and it will be in compliance. MOTION by Commissioner Saba approving Special Use Permit SP #08-07, by Michael Jackson (Franklin Builders), to allow limited outside storage on the property, generally located at 7865-69 Beech Street NE with the following stipulations: 1. Nine code compliant parking stalls shall be striped within 60 days of issuance of this special use permit. 2. No outdoor storage other than the existing enclosed area in the rear yard shall exist on the sit without an additional special use permit being approved. 3. The petitioner shall receive approval from the Fire Marshall for the types of materials stored outside within 30 days of issuance of this special use permit. 4. No junk (inoperable or unlicensed) vehicles shall be stored on site. 5. All vehicles shall be parked in designated parking stalls. Seconded by Commissioner Brown. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Acting Chairperson Kondrick informed petitioner this will come back before the City Council on June 9, 2008, at 7:30 p.m. 2. PUBLIC HEARING Consideration of Special Use Permit SP #08-08, by Amsum & Ash Inc., to allow limited outdoor storage on their property, generally located at 30 — 52°d Way NE. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:22 P.M. 4 Ms. Stromberg stated the petitioner, Zachary Hallberg, on behalf of Amsum & Ash, is seeking a special use permit to allow limited outdoor storage of granite slabs on metal racking within a fenced in area in the side yard of the property at 30 52°a Way. The petitioner is requesting to store granite slabs in two designated storage areas, one of which will be 10 ft. by 150 ft. (1,500 sq. ft.) and the second is 42 ft. by 60 ft. (2,520 sq. ft.). Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are all surrounding properties. It is located on the corner of 52°d Way and Ashton Avenue. The property was developed in 1995, with the construction of a 17,760 square foot building. Two additions have since been constructed to the original building in 1997 and 1999. Ms. Stromberg stated while doing code enforcement inspections in this neighborhood, it came to staffls attention that this property is in noncompliance with outdoor storage requirements as are several other businesses in this neighborhood. As a result, a letter was sent to the property owners notifying them of the violation and the need for them to apply for a special use permit if they wish to continue to have outdoor storage. As a result, the petitioner has requested a special use permit. � Ms. Stromberg sta.ted City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 38,493 square feet, so City code would allow up to 19,246 sq. ft. of outdoor storage on this site. The petitioner is requesting to store granite slabs in two designated storage areas, one of which will be 10 ft. by 150 ft. (1,500 sq. ft.) and the second is 42 ft. by 60 ft. (2,520 sq. ft.). Total outdoor storage area proposed is 4,020, which is 15,226 square feet less than what is allowed by code for this property. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific reyuirements relate to height, screening, parking, and the types of materials allowed to be stored outside. According to the site plan submitted, the existing building is 42,467 sq. ft. with the second floor o�ce space. Of which, 2,160 sq. ft. is office space and the remaining in warehouse space. Based on these numbers, 29 parking stalls would be required. The site plan submitted shows 28 parking stalls left after the outdoor storage areas have been identified. As a result, the subject property with be short by one parking stall. City staff would consider this appropriate based on the existing needs of the business. If those needs were to change, the proof of parking area would need to be striped and maintained for vehicle parking. Ms. Stromberg sta.ted the petitioner plans to enclose the entire outdoor storage area with a chain link fence with slats, which will allow for proper screening. The gate to access the yard will also be required to be screened and will have to remain closed unless it's being used to ensure proper screening of the outdoor storage area. The proposed site plan meets all other code requirements. City staff hasn't heard from any neighboring property owners. Ms. Stromberg sta.ted City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. 5tromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached. 1. No outdoor storage other than the proposed two designed areas shall exist on the site without an additional special use permit being approved. 2. Screening gate to outdoor storage area shall remain closed to allow proper screening unless in use. 3. All of the business' unauthorized signs need to be removed from the site and sunounding neighborhood. 4. Free-standing signage on site requires sign permit approval. Commissioner Sielaff asked where are the unauthorized signs that are out there now? Ms. Stromberg stated while staff was out doing inspections we noticed there were directional signs advertising the business on corners of the streets throughout the industrial park and those are illegal. Acting Chairperson Kondrick asked the petitioner if he was aware of the stipulations and if he has any problems with them? Zachary Hallberg, General Manager of Amsum & Ash Inc., replied he is aware of the stipulations and he does not think there is a problem with them. The outdoor directional signs have been removed from around the neighborhood. There were a couple on their property, for customer and employee parking and those have been removed as well. Also, they will apply for any sign permits they feel necessary. Acting Chairperson Kondrick informed Mr. Hallberg they do have sign ordinances in the City and he should check with the staff if he needs any help. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Brown. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:30 P.M. Commissioner Saba stated he did not have any problem with this. Acting Chairperson Kondrick stated he did not either and the signs have been taken care of. MOTION by Commissioner Saba approving Special Use Permit SP #08-08, by Amsum & Ash Inc., to allow limited outdoor storage on their property, generally located at 30 — 52"d Way NE with the following stipulations: 1. No outdoor storage other than the proposed two designed areas shall exist on the site without an additional special use permit being approved. 2. Screening gate to outdoor storage area shall remain closed to allow proper screening unless in use. 3. All of the business' unauthorized signs need to be removed from the site and sunounding neighborhood. 4. Free-standing signage on site requires sign permit approval. Seconded by Commissioner Brown. UPON A VOICE VOTE, ALL VOTIN� AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. � � AcNng Chairperson Kondrick informed petitioner this will come back before the City Council on June 9, 2008. 3. Receive the Minutes of the March 6, 2008, Housing and Redevelopment Authority Commission. MOTION by Commissioner Sielaffto receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the Apri17, 2008, Parks & Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Information regarding electronic reader board signs. Ms. Stromberg stated there is a short memo in their packet on electronic reader board signs. Chairperson Savage had asked staff to do some research on those types of signs as to what other communities are doing and that information is provided in your packet. Ms. Stromberg reminded the Commission that their next meeting is June 18, 2008 at 7:00 p.m. and they have one item for that agenda. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 7:32 P.M. � �- �- � -� � � . / � ���� � �'� Denise M. Johnson Recording Secretary 7 CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING ' � /� -------------------------------------------------------------- -------------------------------------------------------------- Name � �� � ����s� Address/Business /�lOv ,�V���re �',��l�c, ��s