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Home My WebLink About98-140 Moritorium Exemption .' fiLE COpy RESOLUTION 98-124 RESOLUTION APPROVING AN EXEMPTION FROM THE DOWNTOWN MORATORIUM TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR JOE CHESMERAT 16161 MAIN AVENUE BY: SCHENCK SECOND BY:_PETERSEN WHEREAS, On September 15, 1997. the City Council passed an interim ordinance placing restrictions on the issuance of building permits within Downtown Development District No.1. The ordinance is in effect until March 21, 1999 or until a new Zoning Ordinance is effective; and WHEREAS, Joe Chesmer is proposing to change the use of a property and complete interior alterations requiring a building permit on property located within Downtown Development District No.1; and WHEREAS, Joe Chesmer has requested the City Council consider a request granting an exemption to the moratorium such that he can proceed with his renovation of the building; and WHEREAS, on October 19, 1998, the City Council considered Mr. Chesmer's request for an exemption to the moratorium and its effect on the intent and scope of the moratorium and recommendations from the Downtown Steering Committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, an exemption to Ordinance 98-14 Downtown Moratorium is granted to permit a change in use and the issuance of a building permit for Joe Chesmer to convert the property located at 16161 Main Avenue into an office use as stated in his letter dated October 5, 1998 (Exhibit A). The findings for an exemption are: 1. The proposed use is consistent with uses recommended by the Downtown Steering Committee and implemented in the proposed Zoning Ordinance. 2. Interior and exterior alterations such as painting, wallpapering, carpeting, and minor repairs do not require building permits and would otherwise be allowed to occur . 3. The building permit required for the proposed alteration is for interior work only, some structural and some non-structural alterations. ...r:\council\resoluti\planJ:es\r.s98124c.doc . !?age 1 16200 t:.agle L.reeK Ave. -S:t:.., Pnor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6Lq q-q.7-4245 AN EQUAL OPPORTUNITY EMPLOYER ..... Passed and adopted this 19th day of October, 1998. YES NO MADER X MADER KEDROWSKI X KEDROWSKI PETERSEN X PETERSEN SCHENCK X SCHENCK WUELLNER X WUELLNE {Seal} r:\counci1\resoluti\planres\rs98124c.doc Page 2 .~.. . . . .. '<~>;::\:.L'; ~~ii~~ ~~I ~. EXHIBIT A f"i=~:;: (~:-;'T--'" I ~ i \ \ I -~, .... '.... " ~__... .. :. \ II':' - \ ~ [ ) q i\ ~; \11\\ \ OCT - 6 ,UUL I . Joe Chesmer \C'.?s lYJ October 5, 1998 City of Prior Lake Planning Department / City Council 16200 Eagle Creek Ave PriorLake,MN 55372-1714 RE: Exemption from Moratorium on Downtown Building pennits issuance for 16161 Main Ave To whom it may concern: I am in the process of opening a REIMAX Real Estate office at 16161 Main Avenue at the old J&B Furniture store building. Jerry & Bonnie Maxwell the former owner's have decided to retire. From talking to them and other neighbors I assumed locating my REIMAX office there would not be a problem so I went ahead and began demolition unaware of the current Moratorium on building permits. The building now is gutted and ready for improvement. I fully realize I should have investigated all of this before proceeding but in my eagerness to meet my opening day of December 1st, I inadvertently put myself: the planning department and the City Council in this position. The fact is, this building, currently has many problems both structural and aesthetic that need immediate attention. If I granted this exemption, all will be addressed. Here is what the exemption would entail: · Change in use from Class ''M' (retail) to Class "B" (office) · StIUctural improvements including sufficient beam support, correct framing, insulation, electrical, plumbing and heating all brought to code · Exterior deck repair / replacement for safety and aesthetics · Addition of interior walls to include private offices, reception area and conference room · Change of bathroom to meet AD. A requirements · Addition of Windows for looks, light and ventilation · New paint (int. & ext.), carpet, furniture and decoration · New professional signage front (4' x 8') and rear (2' x 4') or other sizes to meet current restrictions · Addition of off street parking to accommodate 1st year occupancy (see attached site plan) RfM~ Main Line Realty 16161 Main Avenue Prior Lake, MN 55372 Office: 612-226-6246 Fax: 612-226-6245 E-Mail: jchesmer@remax.net Each Office Independently Owned and Operated ~ ----I .....TO.. MLS. @ EOUAL HOUSING o "OATUNITV . Page 2 r;::------ '----. - --.-- f( ;r."\ '\ ~~ \.'__;- ~ ,:----~--::-~..~ II '(I o~ ~6-!C~8 -71/111 ~5, 1008 Ii.;: i 'i,11 IU 1\1 IJ v) , u ~~ . , As you can see what I propose will not only repair and improve, 16161 Main Avenue but will add a growing business to the downtown area as well. In order to accomplish the above items, I need this exemption ASAP. so I can proceed. If anyone has any questions regarding this matter before the October 191h, City Council meeting please feel free to call me at anytime. . Sincerely, QtL Joe Chesmer Owner I Broker - ~~~ lo-rq-C]y Mattson: Outstanding bonds are at over 6% and should be defeased. Mader: Questioned statement in staff report about refunding bond issue. Mattson: If the balance of the bonds due had been larger, the City did not have money on hand, and they would have been refinancing. Mader: Noted three corrections in the resolution. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. C. Consider Approval of Resolution 98-125 Authorizing Public Sale of $1,275,000 General Obligation Improvement Bonds of 1998. MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE RESOLUTION 98-125 AUTHORIZING PUBLIC SALE OF $1,275,000 FOR GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998. Mattson: Proposing to sell bonds at a Special Meeting on Wednesday, November 18th. Kedrowski: Amended the motion to include a special meeting on November 18th at 5:00 p.m. Mattson: Securities have changed rules about public sales of bonds. Under current rules, the firm has to have in evidence a written contract. The fee remains the same as a year ago. Kedrowski: Amended motion to authorize Mayor and City Manager to enter into such an agreement as approved by the City Attorney. Mader: Contract will reflect same services and costs as presently provided? Mattson: Yes and it spells out what the firm will do for the City. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Mattson: The bonds that were sold in 1993, to finance the Fire Station were $2.1 million bonds for a 20 year period. The market is getting close to a possible refinancing option depending on the fluctuations in the tax free bond market. Don't have time to set refunding. It would not make sense to do a public sale. May be able to save on future debt service, possibly up to $75,000. In order to do that we need authorization from Council to call a special meeting within 48 hours if conditions will provide for the contemplated savings. The Council concurred. :> D. Consider Approval of Resolution 98-124 Approving an Exemption from the Downtown Moratorium to Permit the Issuance of a Building Permit for Joe Chesmer at 16161 Main Avenue Boyles: Introduced the item. This is the old furniture store downtown; they are improving the exterior. Also doing some inside remodeling. Removal of walls is prohibited under the ordinance. Issuing the exemption is recommended in this case. 101998.DOC 9 MOTION BY SCHENCK SECOND BY PETERSEN TO APPROVE RESOLUTION 98- 124 APPROVING AN EXEMPTION FROM THE DOWNTOWN MORATORIUM TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR JOE CHESMER AT 16161 MAIN AVENUE. Kedrowski: What can the City do ifhe started without permit? Rye: Double fee. Mader: The issue is whether to approve the exemption. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 11. OTHER BUSINESS: Wuellner: Requested that the Council defer action on the Zoning Ordinance until November 16th Council meeting when he will be present. Council should have a Joint meeting with Planning Commission on reasonable use issue. If we can't deny property owner reasonable use, what is reasonable use, especially as it pertains to lakeshore redevelopment. Mader: Receptive to meeting with Planning Commission. Rye: That would be good. MOTION BY WUELLNER SECOND BY KEDROWSKI TO DIRECT STAFF TO COORDINATE JOINT MEETING WITH COUNCIL, PLANNING COMMISSION, AND CITY ATTORNEY TO DISCUSS REASONABLE USE ISSUE AND OTHER PERTINENT SUBJECTS. Schenck: Who decides what is reasonable? Rye: The City Council; the decision is subject to appeal Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 12. ANNOUNCEMENTS/CORRESPONDENCE Boyles: Would Council prefer November and December workshop versus January and February? Council agreed on a January workshop. Boyles: The first installment of disaster aid is $138, 166 Discussion occurred on the process to fill the EDA vacancy. Council concurred that the Mayor, a Councilmember, EDA President, Planning Director Rye and City Manager would interview the four candidates and make a recommendation for the November 2 meeting. 13. ADJOURNMENT MOTION BY WUELLNER SECOND BY SCHENCK TO ADJOURN . 101998.DOC 10 October 27, 1998 Joe Chesmer 16161 Main Avenue Prior Lake, MN 55372 RE: Signage Requirements in the B-2 District Dear Mr. Chesmer: Attached is the section of the Prior Lake Zoning Ordinance which details the amount of signage permitted in the B-2 district. I have also attached a copy of the ordinance which outlines the sign plan requirements and the sign permit requirements. Any sign you install will require a sign permit. A building permit may also be required depending on the size and type of sign. If you have any questions about this information, please contact me or Jenni Tovar at 447-4230. sincere~o. ~ ~ Kansier, AICI' Planning Coordinator Enclosure 6 .J:\9Sfiles\98con:es\iaoe\ch8$lJ1er.doc . 1 200 cagle ueeK Ave. ~.t.., Ynor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT OCTOBER 19, 1998 10D JENNITOVAR,PLANNER~~ar DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING AN EXEMPTION FROM THE DOWNTOWN MORATORIUM TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR JOE CHESMER AT 16161 MAIN AVENUE History: On September 15, 1997, the City Council adopted Ordinance 97 -16, an interim ordinance placing temporary restrictions on the issuance of building permits in Downtown Development District No. 1. This interim ordinance was extended on September 8, 1998 to prohibit the issuance of certain building permits in the district until March 21, 1999 or until a new Zoning Ordinance is effective. As of today, the moratorium remains in effect. The purpose of the moratorium in Downtown Development District No. 1 is to allow for study of desired uses and architectural standards and zoning criteria. The Downtown Redevelopment Task Force has recommended changes which have been incorporated into the proposed revised Zoning Ordinance, yet to be adopted. The moratorium prohibits the issuance of building permits for construction within the area identified as Municipal Development District No.1, except for the following activities: . Normal repair and maintenance, such as repairs to plumbing, electrical systems, insulation, reroofing, and installation of replacement heating and air conditioning units. . Repairs and alterations necessary to keep a structure in a safe and habitable condition, such as rewiring/updating to comply with electrical codes, installation of heating and air conditioning units, and structural alterations necessary for the safety of the building. 162b'tj~1g~~~~~~~\~vJ~~~~~,4~~YirOtake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fa:(~12) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: . Interior alterations that do not involve a change in use of the building, or a change in the exterior appearance of the building. . The construction of the public library/resource center. Current Circumstances: On October 5, 1998 the city became aware of work being done without a permit on property located at 16161 Main Avenue (J& B Furniture). The property owner was rehabilitating the interior and intending to apply for the necessary demolition permit and building permit for the reconstruction of the interior (walls). Mr. Chesmer intends to convert the furniture store into a realty office. Offices are permitted in the B-2 Zoning District. However, due to the moratorium, staff cannot issue a building permit for the change in use or for structural alterations that are not necessary for the safety of a building. In his letter dated October 5, 1998, Mr. Chesmer lists the work to be completed to occupy the structure as intended. A building permit is required for the interior alterations including the structural alterations, framing, windows, and bathroom. A permit is not necessary for painting, wallpapering, carpeting, or minor repairs to the deck. A building permit is also not required for the proposed exterior painting, wall signs (separate sign permits required), or parking lot paving. The Issues: The Council must determine if the proposed change in use or granting of a building permit is contrary to the intent of the moratorium. Considering much of the interior work and exterior work can be done without a permit (painting, decorating) and the proposed use is consistent with existing and proposed uses as established by the Downtown Steering Committee, staff is of the opinion that the issuance of a building permit for the change in use and interior alterations is not contrary to the intent of the moratorium or the recommended Downtown Standards. Conclusion: The requested exemption to issue a permit in the Downtown Development District No.1, for which there exists a moratorium, is consistent with the goals and criteria of the standards set forth in the Downtown Steering Committee's recommendations of proposed uses and zoning and architectural standards. Budfet Impact: There is no budget impact with the approval of this request. The City Council has three alternatives: 1:\98fi1es\98subjec\98-140\98140cc.doc Page 2 RECOMMENDED MOTION: REVIEWED BY: 1. Adopt Resolution 98-XX approving the exemption from the moratorium as requested. 2. Deny Resolution 98- XX. 3. Defer this item and provide staff with specific direction. Motion and second to approve Resolution 98-XX approving the exemption from the moratorium and allowing the issuance of a building permit for the proposed interior alterations for Joe Chesmer on property located at 16161 Main Avenue. 1:\98files\98subjec\98-140\98140cc.doc Page 3 RESOLUTION 98-XX RESOLUTION APPROVING AN EXEMPTION FROM THE DOWNTOWN MORATORIUM TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR JOE CHESMERAT 16161 MAIN AVENUE BY: SECOND BY: WHEREAS, On September 15, 1997. the City Council passed an interim ordinance placing restrictions on the issuance of building permits within Downtown Development District No.1. The ordinance is in effect until March 21, 1999 or until a new Zoning Ordinance is effective; and WHEREAS, Joe Chesmer is proposing to change the use of a property and complete interior alterations requiring a building permit on property located within Downtown Development District No.1; and WHEREAS, Joe Chesmer has requested the City Council consider a request granting an exemption to the moratorium such that he can proceed with his renovation of the building; and WHEREAS, on October 19, 1998, the City Council considered Mr. Chesmer's request for an exemption to the moratorium and its effect on the intent and scope of the moratorium and recommendations from the Downtown Steering Committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, an exemption to Ordinance 98-14 Downtown Moratorium is granted to permit a change in use and the issuance of a building permit for Joe Chesmer to convert the property located at 16161 Main Avenue into an office use as stated in his letter dated October 5, 1998 (Exhibit A). The findings for an exemption are: 1. The proposed use is consistent with uses recommended by the Downtown Steering Committee and implemented in the proposed Zoning Ordinance. 2. Interior and exterior alterations such as painting, wallpapering, carpeting, and minor repairs do not require building permits and would otherwise be allowed to occur. 3. The building permit required for the proposed alteration is for interior work only, some structural and some non-structural alterations. Passed and adopted this 19th day of October, 1998. j:\98fil.e.s\98,subjec\98- L40\rs98xxcc.doc Page 1 16200 Eagle Creek !\ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER YES NO MADER MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER Frank Boyles, City Manager City of Prior Lake {Seal} I: \98fi1es\98subjec\98-140\rs98xxcc.doc Page 2 CITY OF PRIOR LAKE ORDINANCE NO. 98-14 AN ORDINANCE AMENDING ORDINANCE 98-02 BY EXTENDING THE DURATION OF THE MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN MUNICIPAL DEVELOPMENT DISTRICT NO.1 The City Council of the City of Prior Lake does hereby ordain: SECTION 1- BACKGROUND 1. On September 15, 1997, the City Council adopted Ordinance 97-16, an interim ordinance placing temporary restrictions on the issuance of building permits in Downtown Development District No.1. 2. On March 2, 1998, the City Council adopted Ordinance 98-02 extending the interim ordinance until September 21, 1998. 3. Ordinance 97-16 and Ordinance 98-02 were adopted to' allow time for a study of redevelopment options, development of plans and formulation of recommendations to the City Council by the Downtown Steering Committee. 4. Ordinance 97-16 and Ordinance 98-02 were also adopted to allow time for the appropriate recommendations to be incorporated into the proposed new Zoning Ordinance. 5. The Downtown Steering Committee completed its work in June, 1998, but has also recommended additional study. 6. The tentative time schedule for review and adoption of the Zoning Ordinance by the City Council contemplates that the ordinance will not be adopted and effective until January of 1999. SECTION 2. FINDINGS The City Council fmds the following: 1. There is a need to extend the duration of the moratorium on the issuance of building permits in Downtown Development District No.1 to allow for additional study and to make any desired changes in the proposed Zoning Ordinance prior to its adoption. 2. There is also a need to amend the existing interim ordinance to allow issuance of a building permit for the public library/resource center. This structure is consistent with the general design guidelines recommended by the Downtown Redevelopment Task Force and by the regulations proposed as part of the new Zoning Ordinance. 3. Pursuant to Minnesota Statutes Chapter 462.355, Subd. 4, an extension of the moratorium for an additional 6 months to February 21, 1999 is necessary to protect the planning process. 4. All other provisions of Ordinance 97-16 should remain in full force and effect. 16200 Ea~f~le~~d~~~i~~~~;~~t5~cLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612r~47-4245 AN EQUAL OPPORTUNITY EMPLOYER . . 1" SECTION 3. AMENDMENT SECTION 3. Scone of the Moratorium. 3.01 A moratorium on the issuance of building permits in the area identified as Municipal Development District No. 1 is adopted pending completion of the Downtown Redevelopment Steering Committee study and the adoption of appropriate amendments to the City's zoning ordinance. During the term of this moratorium, no building permits will be issued for construction within the area identified as Municipal Development District No.1, except for the following activities: · Normal repair and maintenance, such as repairs to plumbing, electrical systems, insulation, reroofing, and installation of replacement heating and air conditioning units. · Repairs and alterations necessary to keep a structure in a safe and habit~ble condition, such as rewiring/updating to comply with electrical codes, installation of heating and air conditioning units, and structural alterations necessary for the safety of the building. · Interior alterations that do not involve a change in use of the building, or a change in the exterior appearance of the building. · The construction of the public library/resource center. SECTION 6. Duration is hereby amended to read as follows: This ordinance shall remain in effect until March 21, 1999, or until such time as a new zoning'ordinance is effective or this ordinance is revoked or otherwise amended. SECTION 4. EFFECTIVE DATE This ordinance shall take effect the day after the date of publication. Passed by the City Council of the City of Prior Lake this 8th day of September, 1998. _LU~ ~ K.t, IAA.~I.~ May~r Published in the Prior Lake American on September 12, 1998 Drafted by: City of Prior Lake Planning Department 16200 Eagle Creek Ave. PriorLake,~.55372 1 :\98fi1es\98ordamd\city\ord9814.doc Page 2 ~,.. EXHIBIT A r" Joe Chesmer OCT - 6 'I ;l/j IV ; 1 'i'; jUL October 5, 1998 City of Prior Lake Planning Department / City Council 16200 Eagle Creek Ave PriorLake,MN 55372-1714 RE: Exemption from Moratorium on Downtown Building permits issuance for 16161 Main Ave To whom it may concern: I am in the process of opening a RFJMAX Real Estate office at 16161 Main Avenue at the old J&B Furniture store building. Jeny & Bonnie Maxwell the former owner's have decided to retire. From talking to them and other neighbors I assumed locating my REIMAX office there would not be a problem so I went ahead and began demolition unaware of the current Moratorium on building permits. The building now is gutted and ready for improvement. I fully realize I should have investigated all of this before proceeding but in my eagerness to meet my opening day ofDecernber 1 st, I inadvertently put myself, the planning department and the City Council in this position. The fact is, this building, currently has many problems both structural and aesthetic that need immediate attention. If I granted this exemption, all will be addressed. Here is what the exemption would entail: · Change in use from Class "M" (retail) to Class "B" (office) · Structural improvements including sufficient beam support, correct framing, insulation, electrical, plumbing and heating all brought to code · Exterior deck repair / replacement for safety and aesthetics · Addition of interior walls to include private offices, reception area and conference room · Change of bathroom to meet A.D.A requirements · Addition of Windows for looks, light and ventilation · New paint (int. & ext.), carpet, furniture and decoration · New professional signage front (4' x 8') and rear (2' x 4') or other sizes to meet current restrictions · Addition of off street parking to accommodate 1st year occupancy (see attached site plan) Rf.Dlf1Ill( Main Line Realty 16161 Main Avenue Prior Lake, MN 55372 Office: 612-226-6246 Fax: 612-226-6245 E-Mail: jchesmer@remax.net Each Office Independently Owned and Operated G:r EQUAL HOUSING OPPORTUNITY . Page 2 October 5, 1998 OCT - 6 !q(18 ""~'-"-" '__'h__...) As you can see what I propose will not only repair and improve, 16161 Main Avenue but will add a growing business to the downtown area as well. In order to accomplish the above items, I need this exemption A. SAP. so I can proceed. If anyone has any questions regarding this matter before the October 19111, City Council meeting please feel free to call me at anytime. Sincerely, ((pc Joe Chesrner Owner / Broker