HomeMy WebLinkAbout98-163 Gleason CUP Amend
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06700-2963
CUSTOMER RECEIPT
PAT BOECKMAN
SCOTT COUNTY REGISTRAR OF TITLES
SCOTT COUNTY RECORDER (\ 1\,' D I.
COURTHOUSE ROOM 113 ~ ~~
SHAKOPEE. MN 55379-1392 (612) 496-8143 no.
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OOOSCRO 1-15-99#011
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THIS DOCUMENT IS NOT VALID AS A RECEIPT UNTIL YOUR CHECK HAS CLEARED THE BANK
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Doc. No. A 435894
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
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01-15-1999 at 12:30 [ JAM [-1PM
Pat Boeckman, County Recorder
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by ~ ' Deputy Fee: $20.00
Case #98-163
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION 99-01 APPROVING AN AMENDMENT TO THE CONDITIONAL
USE PERMIT TO CONDUCT A GYMNASTIC SCHOOL AT 17001 FISH POINT
ROAD ON PROPERTY LOCATED IN THE B-P (BUSINESS PARK) ZONING
DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
on file in the office of the City Planner, City of Prior Lak .
Dated this 11th day of January, 1999.
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RESOLUTION 99-01
APPROVING AN AMENDlVIENT TO THE CONDITIONAL USE PERMIT TO CONDUCT A
GYMNASTIC SCHOOL AT 17001 FISH POINT ROAD ON PROPERTY LOCATED IN THE B-P
BUSINESS PARK ZONING DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
KEDROWSKI
SECOND BY:
SCHENCK
the Prior Lake Planning Commission conducted a public hearing on
December 15, 1998 to consider an application from Larry Gleason d.b.a.
Gleason's Gymnastic School for an amendment to the Conditional Use
Permit (CUP) to allow the operation of a gymnastic school in the Business
Park (BP) District; and the City Council heard the case on September 21,
1998; and
the proposed amendment will change the permitted hours of operation to be
extended to 2:00 PM to 11 :00 PM on Mondays through Fridays; and
notice of the public hearing on said CUP has been duly published in
accordance with the applicable Prior Lake Ordinances; and
the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the amendment to the CUP; and
the City Council considered this amendment on January 4, 1999; and
the Planning Commission and City Council fmd the CUP of Gleason's
Gymnastics School in harmony with both existing and proposed development
in the area surrounding the project; and
the Planning Commission and City Council find the proposed .CUP is
compatible with the 'stated purposes and intent of the Zoning Ordinance as
they relate to conditionally_ permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it approves the CUP for Gleason's Gymnastic School for property located at:
17001 Fish Point, legally described as That part of Lot 1, Block 2, WATERFRONT
PASSAGE ADDmON, Scott County, Minnesota described as follows:
Beginning at the northwest comer of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block
2, a distance of 147.00 feet; thence along a tangential curve concave to the west, having
1:\98fi1.~\28cl!l?\9S:.163\ts9901cc.do~ . . Page 1
Ib~UU eagle Creek Ave. ~..t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / I-ax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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a radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc
length of 26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not tangent to
said curve) a distance of 195.73 feet; thence SQuth 85 degrees 59 minutes 04 seconds
East a distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 184.60 feet to the intersection with the easterly extension of the north line of
said Lot 2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West
along said easterly extension and the north line of said Lot 2, Block 2, a distance of
410.52 feet to the point of beginning.
Subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday through Friday and 7:00 AM to 11:00 PM on--
Saturday and Sunday. The hours of operation may be extended to 2:00 PM to 11 :00 PM for sanctioned
school sponsored activities. These activities are limited to practices only. No meets or competitions
may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for use by the patrons
of the school during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the noise abatement must occur prior to any activity .
is allowed between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one year from the date of approval by the City Council. Such review is to
include a detail of activities or problems occurring with the use. The review may result in additional
conditions being placed on the Conditional Use Permit.
7. The applicant has until one year from the date of adoption of the resolution by the City Council to record
the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been submitted to the City~
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Gleason's
Gymnastic School. The contents of Planning Case File #98-163 are hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this 4th day of January, 1999.
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X
X
X
X
X
NO
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
1:\98files\98cup\98-163\rs990 1 cc.doc
Page 2
STAFF REPORTS
AND
MINUTES
City Council Meeting Minutes
March 6, 2000
appropriate, and that the intent is not to create a carte blanc opportunity for development projects that
meet the requirements of the Compo Plan.
BYE: Advised that Council has that authority now through their ability to make policy, and explained
that there could be more specific language added to the Compo Plan that would layout criteria as to
when you would apply the low density categories as opposed to the medium density. Believes that in
terms of predictability to the public and developers, having separate categories is probably more
informative, but maintains the ability to go back and amend the designation down the line. As to the
process, a change in either the Compo Plan or the Zoning Ordinance would have to go back to the
Planning Commission as a statutory requirement. It comes down to two options (1) it can stay as is
with the addition of some refining language that says Hhow are you going to apply that"; or (2) you can
designate on the Comprehensive Land Map what areas are medium density.
MOTION BY MADER, SECOND BY PETERSEN TO REFER THE LANGUAGE CONSIDERATION
FOR LOW- TO-MEDIUM DENSITY RESIDENTIAL LAND DESIGNATION AS IT EXISTS IN THE
COMPREHENSIVE PLAN BACK TO THE PLANNING COMMISSION FOR REVIEW AND
RECOMMENDATION.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
PRESENTATIONS:
MADER: Noted the Thank-You that Mrs. Hansen's 1st graders had sent from Westwood Elementary
thanking the Council for letting them lead the Council by signing the Pledge of Allegiance.
PUBLIC HEARINGS: NONE.
-?
OLD BUSINESS:
Consider Approval of Review of the Conditional Use Permit for Gleason's Gymnastics School
on Property Located at 17001 Fish Point Road (Case File No. 98-163).
BOYLES: Briefly reviewed the agenda item in connection with the staff report and the option available to
the Council.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE REPORT AUTHORIZING
RENEWAL OF THE CONDITIONAL USE PERMIT FOR GLEASON'S GYMNASTICS SCHOOL ON
PROPERTY LOCATED AT 17001 FISH POINT ROAD (Case File No. 98-163).
BOYLES: Clarified that the signs will be required as part of the original conditions of the CUP.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Resolution 00-16 Upholding a Decision of the Planning Commission
Approving a Variance to the Required Side Yard Setback Adjacent to a Residential District for
the Construction of an Addition to the Existing Keyland Homes Building in the C-5 Zoning
District.
3
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MARCH 6, 2000
8A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF REVIEW OF
CONDITIONAL USE PERMIT FOR GLEASON'S
GYMNASTIC SCHOOL ON PROPERTY LOCATED AT
17001 FISH POINT ROAD (Case File 98-163)
History: On January 4, 1999, the City Council adopted
attached Resolution #99-01 approving a conditional use permit
for the operation of a gymnastic school on the property at
17001 Fish Point Road. Approval ofthis permit was subject to
the following conditions:
1. The gymnastic school must be located as shown on the
approved plans.
2. Hours are limited to 5 :00 PM to 11 :00 PM on Monday
through Friday and 7:00 AM to 11 :00 PM on Saturday and
Sunday. The hours of operation may be extended to 2:00
PM to 11 :00 PM for sanctioned school sponsored activities.
These activities are limited to practices only. No meets or
competitions may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These
spaces must be signed for use by the patrons of the school
during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the
noise abatement must be completed before any activity is
allowed between the hours of 2:00 PM and 5 :00 PM.
6. This CUP is to be reviewed one year from the date of
approval by the City Council. Such review is to include a
detail of activities or problems occurring with the use. The
review may result in additional conditions being placed on
the Conditional Use Permit.
7. The applicant has until one year from the date of adoption
of the resolution by the City Council to record the
resolution or the Conditional Use Permit becomes null and
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1626Q9~~f~~~~8A\9J.\~~~~'~for Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1:\98files\98cup\98-163\ccrev2.doc
void (Section 5-6-8). A certificate of Occupancy will not
be issued until proof of recording of the resolution has been
submitted to the City.
The school began operating in late January of 1999. Noise
abatement measures were completed on the west all, adjacent
to Tomac, Ltd. in unit 103, prior to the operation of the school.
Temporary parking signs were also installed prior to the
opening of the school.
Current Conditions: Condition #6 of Resolution #99-01
requires review of the CUP one year after Council approval.
This review is to include a detail of the activities or problems
occurring with the use.
The staff inspected the operation on February 8, 2000, at 3:00
PM. The school appeared to be operating in conformance with
the allowed hours of operation. The temporary signs
designating the parking spaces for this use have been removed
and have not been replaced with permanent signs as required.
During the inspection, staff also questioned the operators of
two of the businesses in the building. The operator of Tomac,
Ltd., advised staff that parking can be a problem between 2:30
PM and later during gymnastic season and after 4:30 PM
outside of the gymnastics season.
The staff notified the applicant ofthe sign violation on
February 9,2000, and requested immediate correction of the
violation. On February 16,2000, we received the attached
letter from Mr. Gleason advising us the permanent signs have
been ordered. This letter also details the activities at the
school.
This item was originally scheduled for review at the February
22, 2000, meeting. At that time, the Council tabled action on
the item to allow Mr. Gleason to satisfy all the conditions.
The Issues: According to Section 1108.219 of the Zoning
Ordinance, a conditional use permit shall remain in effect as
long as the conditions stated in the permit are observed.
Prior to February 22,2000, neither the Planning staff nor the
Police Department had received any calls or complaints about
the use. On February 24, 2000, we received the attached letter
from Lyaman McPherson, Tomac, Ltd, a tenant ofthe building
occupied by Gleason's Gymnastic Studio.
2
1:\98files\98cup\98-163\ccrev2.doc
Mr. McPherson's letter points out several areas of concern.
The first relates to the parking requirements. When this
conditional use permit was approved, the staff reviewed the
parking requirements for the uses in the building, and
determined there were enough spaces based on the Zoning
Ordinance requirements. The intent of the signs designating
the parking spaces for the gymnastic school was to ensure these
parking spaces are available for this use. This condition does
not preclude the patrons of the school from parking in other
spaces on the site. One way to alleviate this problem is to
place signs designating parking spaces for the other uses in the
building, noting that violators will be towed. The City,
however, cannot enter private property to enforce these parking
restrictions. The building owner or tenants would have to
contract with a towing company to remove cars parking in
violation ofthe signs.
The second area of concern is truck loading. According to Mr.
McPherson, the parking lot is not sufficiently wide to allow
traffic to pass while trucks are parked at the loading docks.
Again, the width ofthe drive aisles is consistent with City
ordinances at the time the building was built. Placing "No
Parking or Stopping" signs along the driveway may eliminate
some ofthese conflicts.
The CUP also required noise abatement measures. Based on
the discussion at the January 4, 1999, Council meeting (see
attached minutes), the staff recommended these measures on
the wall adjacent to unit 103 (Tomac, Ltd.) only. Since the
permit was approved, Tomac has moved from Suite 103 to
suite 1 04. We have learned noise is now a concern in unit 104.
To alleviate this concern, noise mitigation measures must be
installed on the walls adjacent to unit 104. The noise
abatement should be consistent with the work completed
adjacent to unit 103, which includes I" styrofoam covered with
1/2" sheetrock (see attached letter dated January 22, 1999).
The staff also discussed the need for noise abatement measures
on the walls adjacent to the Star Tribune and Diversified
Snacks spaces. Both ofthese businesses have indicated noise
is not a problem during normal business hours.
Finally, Mr. McPherson notes Resolution #99-01 calls for
review ofthis permit one year following adoption. He is
correct in stating this review was not scheduled, an oversight
on the staff s part. We s_cheduled this review for the next
Council meeting as soon as Mr. McPherson brought this
oversight to our attention.
3
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
1:\98fi1es\98cup\98-163\ccrev2.doc
Conclusion: Resolution #99-01 allows the Council to place
additional conditions on this CUP as a result of this review.
The applicant is required to place the required signs
designating the gymnastic school parking spaces, and to
provide noise mitigation measures on the appropriate walls.
The Council should discuss other conditions they feel may be
necessary.
The staff contacted Mr. Gleason to discuss the timing of the
required improvements. Mt. Gleason advised staff the signs
were ready; however, the building owner, Mr. Dave Hanson,
has expressed some concerns about these signs. The staff has
been unable to reach Mr. Hanson to discuss the nature ofthese
concerns. Mr. Gleason also expressed concern about the
additional noise abatement measures. We have advised Mr.
Gleason to attend the Council meeting to discuss these
concerns with the City Council.
There is no fiscal impact as a result ofthis report.
The Council has the following alternatives:
1. Approve the review ofthe CUP subject to the placement of
the required signs and noise abatement measures.
2. Impose additional conditions of approval on the CUP and
direct staffto prepare a new resolution including these
conditions.
3. Provide staffwith specific direction.
The staff recommends Alternative #1. Staff believes that while
both items may be relatively minor it is important that the
conditional use permit comply with all Council imposed
conditions prior to renewal.
4
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Brisley Architecture Company
PROJECT:
PRIOR LAKE INDUSTRIAL
PRIOR LAKE, MN
Willialll D. Urisley. AlA
3220 Irving Avenue Sullllt
Minneaoplis. Minnesola 55408
voice: 612.824.8730 fax: 612.822.7537
pager: 612.3111.1336
Wla.-U_""" ltw.'I'II'It
:15 (Yc) Ill~J) IJ (~TI 0 N! !
02/16/2000 16:40
4569178
LARRY GLEASON
PAGE 02
Fabr1Jary 16, 2000
Jana Ka~Bler
Plenning! Coordinator
Prior La'"
16200 e,gle Creek Ave. ::i.E.
Prior LalclB, MN. 55372.:.1714
Dnar Ms.' Kansier:
Hnre is ttlte information requested. Plea$e contact me immediately at 651-485-0455 if additional
Intormation Is needed or roquested.
G'8aBon'~ Gymnastics School of Prior Lske has been conducting classes for the past year for
be'ys end girls between th~1 ages 3-12 years old. Classes are held Monday through Friday
evenings between the hour. of 5:00 and 9:00 PM and on Saturdays between the hours of 9:00
A~" and ~:oo PM. Two to tl'lree classes are held et a time with a maximum of eight children per
class.
AI'hough!we received approval in January 1999 for school sanctioned activities to be held at our
8c....001 between the hours of 2:00-5:00 PM, the Prior Lake Girl's Gymnastics Team decided to
ue 9 our Fegan facility In.toad because of size. Consequently, we have not had any activities at
thr. Prior Lake facility befOI'. 5:00 PM elecept on Saturday..
k: requir13d by the CUp, we have not conducted _ny meetlll or competitions at our Prior Lake
facility.
\IV:J have ~nad some problems with parking signs we h.ve put up being knocked down or taken
de Nn. AI of tha writing of this lener I have ordered new permanent metal signs and will install
thom illS ~oon illS possible.
GI~ason'h Prior Lake Gymi,astlcs School is pre.ently providing classes to many Prior lake
fsnilles snd our Eagan facility has provided the Prior Lake Girl's Gymnastics Team with a quality
tre-ining site during their sesson. Our plens in the coming year are to find or build a larg.r space in
Prior LekB in order to continue to grow and to enhance that service.
,
Tt'iank yOU for your considorations.
Z..IY: tf1Jl.----
La~n
GI~~mnaSliCS School
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RESOLUTION 99-01
APPROVING AN AMENDMENT TO THE CONDmONAL USE PERMIT TO CONDUCT A
GYMNASTIC SCHOOL AT 17001 FISH POINT ROAD ON PROPERTY LOCATED IN THE B-P
BUSINESS PARK ZONING DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
KEDROWSKI
SECOND BY:
SCHENCK
the Prior Lake Planning Commission conducted a public hearing on
December 15, 1998 to consider an application from Larry Gleason d.b.a.
Gleason's Gymnastic School for an amendment to the Conditional Use
Permit (CUP) to allow the operation of a gymnastic school in the Business
Park (BP) District; and the City Council heard the case on September 21,
1998; and
the proposed amendment will change the permitted hours of operation to be
extended to 2:00 PM to 11 :00 PM on Mondays through Fridays; and
notice of the public hearing on said CUP has been duly published in
accordance with the applicable Prior Lake Ordinances; and
the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the amendment to the CUP; and
the City Council considered this amendment on January 4, 1999; and
the Planning Commission and City Council find the CUP of Gleason's
Gymnastics School in harmony with both existing and proposed development
in the area surrounding the project; and
the Planning Commission and City Council find the proposed .CUP is
compatible with the .stated purposes and intent of the Zoning Ordinance as
they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCrr.. OF PRIOR LAKE:
that it approves the CUP for Gleason's Gymnastic School for property located at:
17001 Fish Point, legally described as That part of Lot 1, Block 2, WATERFRONT
PASSAGE ADDmON, Scott County, Minnesota descnbed as follows:
Beginning at the northwest corner of I~ot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block
2, a distance of 147.00 feet; thence along a tangential curve concave to the west, having
1;\98fil~\2llcl!J1\9S:l63\rs9901cc.d~ . Page 1
lb~UU Cagle Creek Ave. ::'..t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / t-ax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.--j -
a radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc
length of26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not tangent to
said curve) a distance of 195.73 feet; thence SQuth 85 degrees 59 minutes 04 seconds
East a distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 184.60 feet to the intersection with the easterly extension of the north line of
said Lot 2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West
along said easterly extension and the north line of said Lot 2, Block 2, a distance of
410.52 feet to the point of beginning.
Subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday through Friday and 7:00 AM to 11:00 PM on-
SatUrday and Sunday. The hours of operation may be extended to 2:00 PM to 11:00 PM for sanctioned
school sponsored activities. These activities are limited to practices only. No meets or competitions
may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for use by the patrons
of the school during designated hours.
4. The applicant must provide noise abatement measures.
S. All improvements, including the parking signs and the noise abatement must occur prior to any activity .
is allowed between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one year from the date of approval by the City Council. Such review is to
include a detail of activities or problems occurring with the use. The review may result in additional
conditions being placed on the Conditional Use Permit
7. The applicant has until one year from the date of adoption of the resolution by the City Council to record
the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been submitted to the City:.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Gleason's
Gymnastic School. The contents of Planning Case File #98-163 are hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this 4th day of January, 1999.
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X
X
X
X
X
NO
{Seal}
Mader
Kedrowski
Petersen
Schenck
Wuellner
1:\98fi1es\98cup\98-163\rs990 1 cc.doc
Page 2
FROM Tomac Limited
FAX NO.
6124405532
Feb. 24 2000 01:45PM P1
From: Lyaman McPherson
Tomac Limited
17001 Fish Point Rd #103/104
440-5533
To: Prior Lake Planning Commission
24 February, 2000
Per phone conversations with Jane in the planning department on 23 and 24 February and
Mayor Wes Mader on 23 February, this Jetter is being sent in objection to the continuation of
Conditional Use Permit case #98-163.
When the original Conditional Use Permit was issued, tenants of the building located at
1700 I Fish Point Road were not notified of the pending CUP and public hearing. This was
inappropriate as this issue directly impacted those tenants. Furthermore, the planning
commission fsilod to fairly oonoider a.ow 0. S)'ftU1o.at:iC13 :atucUo in o.n indu:JtriQ.] cOnJp]o", =isht
cause difficulties.
I found the notice of public hearing for resolution 99-0 I for the amendment to operating
hours for the gymnastics studio in the paper, but again, was not notified by the city. I held
subsequent conversations with Mayor Wes Mader who was very receptive to the concerns of
myself, and other tenants of the building. Please find attacb,ed two, (2), pages signed by the
tenants and submitted to the city in 1998. Concerns of parking, noise, and safety are listed which
the council addressed in the resolution.
Condition 3 in the "conditions" section specifically refers to the signage of parking for
use by gymnastics patrons. This would indicate that these are the parking spaces to be utilized by
gymnastics patrons. However, on several occasions I have corne to work in the evenings and had
to request that vehicles be moved. Employees of Gleason's have ignored these requests. The:
previous tenant of suite 104, Barc Industries, habitually had problems not only with being unable
to park at their office, but with vehicles blocking the bay door when they returned from jobs sites
in the evening to unload. roofing materials. I have been informed, through conversations with the
planning department, that the city can not, or will not, enforce this requirement as it is considered
a private matter. This would not have been an issue without the direct intervention of the city.
Condition 4 specifically addresses noise: abatc:mcnt. This has only been accomplished on
the watt directly adjoining suite #103. Per conversation with Jane on 23 and 24 February, the
planning department interpreted this to only apply to the wall directly adjoining suite #103 as I
was the only person able to attend the hearings on 15 Decernber 1998. This condition does not
exclude or limit the noise abatement to suite 103 and the letter to the city dated 14 December,
1998 is signed by ALL tenants of the building e~cept the Star Tribune who are normally not
here. It is unacceptable for the planning department to make decisions based solely on who is
physically present at a meeting rather than considering all affected panies, especially when said
parties have communicated their concerns in writing.
Another difficulty with this situation is the loading and unloading oftrocks. The parking
lot in not sufficiently wide enough to accommodate trucks at the dock door and allow traffic to
pass. This is understood and tolerated by tenants who are industrial in nature as they have the
same diffic;ulties. Semi trailer are forced to back into the lot from the street and through the entire
parking lot to load and unload at diversified snac;ks as well as our dock doors. Additionally, since
our warehouse is split, we need to drive a forklift from bay to bay so we can conduct business.
This includes any evening and weekend hours we must work. It is unfair to me to be verbally
insulted by an employee of Gleason's when I am attempting to 10acl shipments on to a truck.
FRQM T~mac Limited
FAX NO.
612441215532
Feh. 24 2l21l21l21 l2I1:46PM P2
Again, this situation is understood by the other industrial oriented tenants as they endure the
same difficulties.
One final concern is the fact that this CUP was to be reviewed one year from the date of
approval. This was not, in fact scheduled to occur at all until after 1 contacted Mayor Wes Mader
on February 2nd and inquired about the required review. Acting on his recommendation, T
contacted Don Rye at the planning depa.rt1lJent and requested information regarding the review
and waS informed that by his recollection, no review was required, but the matter would be
researched. I received a return call from Don Rye stating the review was being scheduled for
Febru8.IY 2200, eighteen months after the approval of the initial variance and fourteen months
after resolution 99-01. This would seem to indicate that no review was to be conducted which
directly violates the conditions set forth by the city council.
. 1 understand the need for this type of facility in Prior Lake, but an industrial park with
limited parking and vehicular access is not an appropriate location. Perhaps the proprietor of
Gleason's and the school board could work together on a permanent solution.
Lyaman McPherson
Tomac Limited
17001 Fish Poi~t Road Suite #103/104
FROM: Tomac Limited
From: Tenants 17001 Fish Point Rd
To: Prior Lake City C()uncil
FAX NO.
61244135532
Feb. 24 2131313 131:46PM P3
14 December' '1998
Subj: Gym,nastics Center Hours ofOpcration
The Prior Lake An1erican, 12 December issue, slated Gleason's GYll1na.stics is
seeking an allowance for operations from 2:00 p.m. to 5:00 p.m. This is during 11<.}rmal
working hours t'Or the businesses located at 17001 Fish Point Road and would interfere
with normal operations,
The amendment the city council recently passed on this miltter specifically
requires one parking space per 300 square feet of space utilized for ,b.rymnastics, sepantte
from any other normal use. There are sufficient spaces at 1700 1 to supportlhis. but they
should be marI<:cd as such. Spaces directly adjoining the otlices of other tenants should
not be considered for this use. .
Furthermore, th(trc is inadequate sound insulation to mal,e it practical to conduct
normal business during gymnastics hours. Currently, when the gymnastics studio is in
operation the children can be hcard quile easily in adjoining spaces. It would be
unreasonable to expect there to be silence in a gymnastics studio. just as it is
unreasonable to expect businesses to conduct telephone conversations with the children
in the background. Additionally. suite '10J conducts surface mount board repairs
periodically, This WOI"k is extraordinarily tedious and precise requiring the complete
attentions ofthe technician. As the gymnastics studio .is directly adjoining the work area.
evening work of this nature has been ceased.
It is understood that the landlord ueeded to rent the space the gymnastics studio
occupies, just as the studio needed a space to occupy. However, the area is still an
industrial complex with customers, vendors, delivery, and shipping trucks. Please.
consider not only the rights ofrhe other tenants, but also the safety of the children
attending this studio.
,~
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FROM Tomac Limited
FAX NO.
6124405532
Feb. 24 2000 01:47PM P4
From: Tenants 17001 Fish Point Rd
To: Prior Lake City Council
14 December 1998
Subj: Gymnastics Center Hours of Operation
The Prior Lake American, 12 December issue, stated Gleason's Gymnastics is
seeking an allowance for operations from 2:00 p.m. to 5:00 p.m. This is during normal
working hours tor the businesse$ located at 1 7001. Fish Point Road and would interfere
with normal operations.
The amendment the city council recently passed on this matter specifically
requires one parking space per 300 square feet of space utilized for !,rynmastics, separate
from any other normal use. There are sufficient spaces at 17001 to support this, but they
should be marked as such. Spaces directly adjoining the 01llces of other tenants should
not be considered for this use.
Furthermore, there is inadequate sound insulation to make it practical to conduct
nonnal business during gymnastics hours. Currently, when the gymnastics studio is in
operation the children can be heard quite easily in adjoining spaces. It would be
unreasonable to expect there to be silence in a gymnastics studio, just as it is
unreasonable to expect businesses to conduct telephone conversations with the children
in the background. Additionally, suite 103 cooducts surface mount board r.epairs
periodically. This work is ex.traordinarily tedious and precise requiring the complete
attentions of the technician. As the gymnastics studio is directly adjoining the work area,
evening work of this nature has been ceased.
It is understood that the landlord needed to rent the space the gymna~tics studio
occupies, jUllo"t as the studio needed a space to occupy. However, the area iN still an
indo.sll'ial complex: with customers, vendors, delivery, and shipping trucks. Please,
cODsid"er not only the rights of the other tenants, but also the safety of the children
attending this studio.
I!~ QfJ~
du ~ .:z:;u'V.
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l2.~/t.-' ~
Council Meeting Minutes
January 4, 1999 .
#=qf'-/~3
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE THE ADOPTION OF
ORDINANCE 99-XX ADOPTING 1998 STATE BUILDING CODE AND 1997 UNIFORM BUILDING
CODE AND APPROVING AN AMENDMENT TO TITLE 4, CHAPTER 1 OF THE PRIOR LAKE
CITY.CODE TO REPLACE SECTION 4-1-1 AND 4-1-2, CHAPTER 1 OF THE PRIOR LAKE CITY
CODE (EXCEPTING FEE SCHEDULE)
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of 1998 City Manager Performance Evaluation and Salary Review.
[Moved to Executive Session, Item 11 D.]
NEW BUSINESS:
Consider Approval of Resolution 99-XX Approving an Amended Conditional Use Permit for
Gleason's Gymnastic School on Property Located at 17001 Fish Point Road.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE ADOPTION OF
RESOLUTION 99-XX APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR
GLEASON'S GYMNASTIC SCHOOL ON PROPERTY LOCATED AT 17001 FISH POINT ROAD.
LYMAN MCPHERSON (17001 Fish Point (Suite 31): Expressed concern for signage for parking and
additional noise issues. Also requested verification that a permanent Certificate of Occupancy is
issued for his portion of the Hanson building.
BOYLES: Provided further clarification as to hours of operation (2pm-10pm) for school activities
only (excluding meets) and noise issues. Reviewed conditions of the CUP.
KEDROWSKI: Requested clarification as to the Certificate of Occupancy issue.
RYE: Provided clarification that the final agreement was arrived at with the property owner in
December and the Certificate of Occupancy was issued just before Christmas. Staff will double-
check the Certificate of Occupancy for this use..
Upon clarification by Staff, Mr. MCPHERSON stated he was comfortable with issuing the CUP.
CHUCK RUTZ (Petitioner): Asked for direction with how to proceed.
MADER: Based on Council action tonight, the petitioner should implement the conditions as soon
as possible, so that the high school can use the facility.
RUTZ: Asked who regulates the noise abatement requirements?
MADER: Replied a soundproof expert with approval by Don Rye, Planning Director.
RUTZ: Expressed concern that his budget would allow him to make Mr. McPherson happy, but
maybe not a sound expert. This is a neighbor relation issue, not necessarily a Council issue. This
is getting awfully complicated.
RYE: This is the recommendation of the Planning Commission under Conditional Use criteria.
Alternatives would be a policy decision for the Cour.cil.
010499.DOC
4
,.
Council Meeting Minutes
January 4, 1999
WUELLNER: The noise issue would have been an issue regardless of whether Mr. McPherson
brought it up or not. It is not likely that the Council would consider further revision of the CUP.
SCHENCK: Expressed concern with getting the City involved in noise issues. It seems this is a
landlord/tenant issue. It may open a Pandora's box for the City.
MADER: Clarified that the City's involvement is caused in part because we allowed a Gymnastics
school in an industrial park.
KEDROWSKI: Suggested amending the noise requirement to say "if the neighboring tenants
complain".
PACE: Stated that that standard would be arbitrary. There is a question of enforceability.
MADER: Stated he would be prepared to delete the requirement of approval by a soundproof
professional all together provided that if there is concern by other tenants the Council has the
opportunity to review the CUP at any time.
BOYLES: Clarified that a complaint regarding the CUP would automatically kick in a review
process.
MOTION TO AMEND RESOLUTION 99-XX BY MADER, SECONDED BY WUELLNER
RELATING TO CONDITION #4 TO READ IN ITS ENTIRETY, "THE APPLICANT MUST PROVIDE
NOISE ABA TEMENT MEASURES."
Attorney PACE advised that the language was vague.
MADER: Stated that in the interest of coming to a resolution, he was comfortable leaving the
language as proposed.
VOTE ON THE MOTION TO AMEND AS STATED: Ayes by Mader, Kedrowski, Petersen,
Wuellner and Schenck, the motion carried.
VOTE TO APPROVE RESOLUTION 99-XX APPROVING THE CONDITIONAL USE PERMIT FOR
GLEASON'S GYMNASTIC SCHOOL AS AMENDED: Ayes by Mader, Kedrowski, Petersen,
Wuellner and Schenck, the motion carried.
MADER: Provided clarification that the extended hours do not go into effect until these conditions
are met and approve by Mr. Rye.
With no objections from the Council, MADER moved Item 10C to the next item on the Agenda
because Councilmember PETERSEN was feeling ill.
10C Appointments and Bylaws Approval.
ACTING MAYOR - MOTION BY KEDROWSKI, SECOND BY MADER TO APPOINT
COUNCILMEMBER WUELLNER AS ACTING MAYOR FOR 1999
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
010499.00C
5
. .
I .
City of Prior Lake clo ofPJanning department.
IT rn @ rn O\Ylf~ n
.228 U
,\ ~
RE: Gleason Gymnastics building,
Noise abatement & signage
To accomodate the MacPhersons in suite 103 the following was done.
1" styrofoam was put up on wall then covered with 1/2" sheetrock with all joints taped and plastered as per
reccomendations from the building department.
Signs were put up outside to accomodate for parking.
After installation I spoke with Mr. MacPherson on the matter. He thanked me very kindly for udertaking this issue
and is very pleased with the out come. He commented that he was even able to resume work he used to do in the
evenings. Suite 103 also has its own signs now to ensure there personal parking spots 24 hours a day.
Work completed 1l:45 pm 1/16199
Submitted by Chuck Rutz 15691 Santee Circle S.E. Prior Lake, Mn 55372 Phone 612-447-2222 on behalf of
Gleason gymnastics.
City Council Minutes - February 22, 2000
MADER: Commented that although unfortunate, the arguments by D.R. Horton must be considered.
PETERSEN: Stated that he would appreciate hearing the perspective of the City Attorney.
ERICSON: Supports the Planning Commission's recommendation, agreed with the concerns raised by
Councilmember Gundlach, and did not see any reason the Council could not proceed at this time.
VOTE: Ayes by Mader, Schenck, Petersen, Nay by Gundlach and Ericson, the motion carried.
OLD BUSINESS:
~ Consider Approval of Review of Conditional Use Permit for Gleason's Gymnastics School on
/ Property Located at 17001 Fish Point Road (Case File No. 98-163).
BOYLES: Briefly reviewed the item in connection with the staff report, noting that staff has
recommended deferring the item to the next meeting in order to receive and review the activities list
and installation of the remaining signs, and include the report at the March 6th meeting for final action.
MADER: Asked if there are any issues created by deferring the item to the next meeting.
RYE: Clarified that there is nothing in the CUP that would terminate the operation of the gymnastics
operation.
GUNDLACH: Noted that some citizens have expressed concern about the adequacy of parking between
the hours of 5pm and 6:30pm as being intrusive to the businesses.
RYE: Noted that parking was addressed when the CUP was originally considered, and 12 spaces were
to be specifically designated.
GUNDLACH: Asked the staff to clarify if there are parking issues or whether additional conditions to the
CUP should be imposed.
MOTION BY MADER, SECOND BY PETERSEN TO DEFER REVIEW OF CONDITIONAL USE
PERMIT FOR GLEASON'S GYMNASTICS SCHOOL ON PROPERTY LOCATED AT 17001 FISH
POINT ROAD (Case File No. 98-163) UNTIL THE NEXT REGULAR MEETING AS A CONSENT
AGENDA ITEM.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Resolution 00-12 Approving an Environmental Assessment Worksheet
(EA W) Petition and Requiring an EA W be Completed Prior to a Decision Regarding the
Conditional Use Permit for Excavation of Sand and Gravel for Ryan Contracting on Property
Located in the Southeast Quarter Section of Section 22, Township 115, Range 22, Located on
McKenna Road.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-12 APPROVING
AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) PETITION AND REQUIRING AN EAW
BE COMPLETED PRIOR TO A DECISION REGARDING THE CONDITIONAL USE PERMIT FOR
EXCAVATION OF SAND AND GRAVEL FOR RYAN CONTRACTING ON PROPERTY LOCATED IN
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 115, RANGE 22, LOCATED ON
MCKENNA ROAD.
5of9
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
FEBRUARY 22, 2000
8A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF REVIEW OF
CONDITIONAL USE PERMIT FOR GLEASON'S
GYMNASTIC SCHOOL ON PROPERTY LOCATED AT
17001 FISH POINT ROAD (Case File 98-163)
History: On January 4, 1999, the City Council adopted
Resolution 99-01 approving a conditional use permit for the
operation of a gymnastic school on the property at 17001 Fish
Point Road. Approval of this permit was subject to the
following conditions:
1. The gymnastic school must be located as shown on the
approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday
through Friday and 7:00 AM to 11 :00 PM on Saturday and
Sunday. The hours of operation may be extended to 2:00
PM to 11 :00 PM for sanctioned school sponsored activities.
These activities are limited to practices only. No meets or
competitions may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These
spaces must be signed for use by the patrons of the school
during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the
noise abatement must be completed before any activity is
allowed between the hours of 2:00 PM and 5 :00 PM.
6. This CUP is to be reviewed one year from the date of
approval by the City Council. Such review is to include a
detail of activities or problems occurring with the use. The
review may result in additional conditions being placed on
the Conditional Use Permit.
7. The applicant has until one year from the date of adoption
of the resolution by the City Council to record the
resolution or the Conditional Use Permit becomes null and
162bCV~Mgf~~~~8.zWJ~~~~i,ef'fl8P Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
I:\98files\98cup\98- I 63\ccreview.doc
void (Section 5-6-8). A certificate of Occupancy will not
be issued until proof of recording of the resolution has been
submitted to the City.
The school began operating in late January of 1999. All of the
noise abatement measures were completed prior to the
operation ofthe school. Temporary parking signs were also
installed prior to the opening of the school.
Current Conditions: Condition #6 of Resolution #99-01
required review of the CUP one year after Council approval.
This review is to include a detail ofthe activities or problems
occurring with the use. Since the school began operating,
neither the Planning staff nor the Police Department has
received any calls or complaints about the use.
The staff inspected the operation on February 8, 2000, at 3:00
PM. The school appeared to be operating in conformance with
the allowed hours of operation. The temporary signs
designating the parking spaces for this use have been removed
and have not been replaced with permanent signs as required.
During the inspection, staff also questioned the operators of
two of the businesses in the building. The operator ofBarc
Industries advised staffthat parking can be a problem between
2:30 PM and later during gymnastic season and after 4:30 PM
outside of the gymnastics season.
The staff notified the applicant ofthe sign violation on
February 9, 2000, and requested immediate correction of the
violation. We also requested a detail of activities occurring at
the school over the past year, but have not received the detail at
this time.
The Issues: According to Section 1108.219 of the Zoning
Ordinance, a conditional use permit shall remain in effect as
long as the conditions stated in the permit are observed. In this
case, the only violation of the conditions of approval is the
failure to sign the designated parking spaces. If this violation
is corrected, the permit should remain in effect.
If the Council identifies an issue that warrants further review,
staff should be directed to schedule a public hearing before the
Planning Commission to discuss this issue. Notice ofthe
hearing must be published in the Prior Lake American and sent
to owners of property within 350' ofthe site.
2
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
I: \98files\98cup\98-163\ccreview.doc
Conclusion: The only apparent violation ofthe conditional
use permit is the lack of signs designating the gymnastic school
parking spaces. The staffhas notified the original applicant of
this violation.
There is no fiscal impact as a result ofthis report.
The Council has the following alternatives:
1. Take no action at the February 22, 2000, meeting, subject
to receipt of the activities list and installation of the
remaining signs before the March 6, 2000, Council
meeting. On March 6,2000, the staffwill provide a report
to the Council indicating whether or not the conditions
have been met. lfthe conditions have not been met, the
Council may direct the staff to revoke the CUP via the
procedures set forth in Section 1108.211 of the Zoning
Ordinance.
2. If the Council believes additional conditions should be
imposed, staff should be directed to schedule a public
hearing before the Planning Commission, publish notice of
the hearing in the newspaper and notify owners of property
within 350' of the site to reconsider the conditional use
permit.
3. Approve the extension ofthe CUP subject to the staff
assurances that the outstanding items are received within 30
days.
The staff recommends Alternative 1. Staff believes that while
both items may be relatively minor it is important that the
conditional use permit comply with all Council imposed
conditions prior to renewal.
3
Zoning Ordinance
which the Permit was issued and a'list of any conditions set forth by the City
Council as part of the approval of the Conditional Use Permit. A certified copy of
the resolution shall be filed with the Scott County Recorder.
1108.211 Revocation and Cancellation of Conditional Use Permits. A Conditional Use
Permit may be revoked and canceled if the Zoning Administrator determines that
the holder of an existing Conditional Use Permit has violated any of the
conditions or requirements imposed as a condition to approval of the Conditional
Use Permit, or has violatecf any .other applicable laws, ordinances,. or
enforceable regulations. The following procedure shall apply to revocations and
cancellations:
(1) The Zoning Administrator shall notify the holder in writing of the violation. The
notice shall be given in person or by certified mail, addressed to the applicant at
the address stated on the original application. Notice shall also be served upon
the occ~pant(s) of the premises for which the Conditional Use Permit was issued
or, if no occupant can be found, notice shall be posted in a conspicuous place
upon such premises. Service shall be effective on the date of mailing, personal
service or posting.
(2) The notice shall state that, unless appealed, after the expiration of 10 days from
the date of service, the Conditional Use Permit is terminated without further .-
action or proceeding.
(3) The holder of the Conditional Use. Permit may appeal the notice of violation. to
the Board of Adjustment. The fee to appeal such notice shall be the same as the
application fee for a Conditional Use Permit application and the holder shall be .
subject to reimbursement for City costs pursuant to subsection 1109.902.
1108.212 After One Year. No Construction Required. All Conditional Use Permits shall
be revoked and canceled if one year has elapsed from the date of the adoption
of the resolution granting the Conditional Use Permit and the holder of the
Conditional Use Permit has failed to make substantial use of the premises
according to the provisions contained in the Permit.
1108.213 After One Year. New Construction Required. All Conditional Use Permits
~hall be revoked and canceled atter one year has elapsed from the date of the
adoption of the. resolution granting the Conditional Use Permit if a new structure
or alteration or substantial repair of an existing building. is required by the
Conditional Use Permit and the holder has failed to complete ttie work:'lInless a
valid building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.214 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit
fails to make actual use of vacant land or lands and structures which were
existing when the Conditional Use Permit was issued and no new structure,
alteration, or substantial repair to existing buildings was required, or if a new
structure was required by the Conditional Use Permit and no building permit has
been obtained, the Conditional Use Permit shall be deemed revoked and
canceled upon the occurrence of any of the following events:
City of Prior Lake
May 1, 1999
1108/p6
. (
Zoning Ordinance
(1) A change in the Use District for such lands is made by amendment to the Zoning
Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all or any part of the
premises described in the Conditional Use Permit.
(3) The use described in the Conditional Use Permit becomes an illegal activity
under the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Conditional Use Permit is forfeited to
the State of Minnesota for nonpayment of taxes. "
(5) The person to whom the Conditional Use Permit Was issued files a written
statement in which that person states that the Conditional Use Permit ha.s been
abandoned. The statement shall describe the land involved or state the
resolution number under which the Conditional Use Permit was granted.
(6) The premises for which the Conditional Use Permit was issued are used by the
person to whom the Permit was issued ina manner inconsistent with the
provisions of such Conditional Use Permit.
1108.215
Time Period for Abandonment of Existing Conditional Use Permits. The 1
year period used in this Ordinance to compute time to determine whether a
Conditional Use Permit has been canceled or revoked shall begin with the date
of adoption of the resolution granting the Conditional Use Permit.
.,
" 1108.216 Abandonment if Conditions Not Met or Use Discontinued.
(1) Conditional Use Permit granted by the City is revoked and canceled if qll
conditions imposed in the Conditional Use Permit are not satisfied within 1 ve~r
or if the approved use is discontinued for a period of more than 2 years.
(2) If an extension of the time period applicable to subsection 1108.216(1) above is
requested by the owner of the property on which a Conditional Use Permit has
been discontinued prior to the end of 2 years, the City Council may approve, by
resolution, such requested extension if the City Council finds the use to be
acceptable and a satisfactory reason exists to grant an extension; however, such
extension shall not be granted if it would allow the discontinued use to extend
more than an additional 3 years beyond the original 2 years.
1108.217 Exten"sion of Time. The City Council may grant one or more gO-day extensions
of time under subsection 1108.216(2) beyond the termination date for any
Conditional Use Permit. The fee to process an extension request shall be set by
the City Council. Requests for extension of time must be filed with the Zoning
Administrator before the termination date of the Conditional Use Permit, but such
request shall not be filed more than 30 days before the termination date.
1108.218 Denial. Conditional Use Permits may be denied by resolution of the City
Council. A resolution of denial shall constitute a finding by the City Council that
the conditions required for approval do not exist.
May J, J999
City of Prior lAke
1108/p7
...
Council Meeting Minutes
January 4, 1999
#=qt'-/~3
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE THE ADOPTION OF
ORDINANCE 99-XX ADOPTING 1998 STATE BUILDING CODE AND 1997 UNIFORM BUILDING
CODE AND APPROVING AN AMENDMENT TO TITLE 4, CHAPTER 1 OF THE PRIOR LAKE
CITY CODE TO REPLACE SECTION 4-1-1 AND 4-1-2, CHAPTER 1 OF THE PRIOR LAKE CITY
CODE (EXCEPTING FEE SCHEDULE)
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of 1998 City Manager Performance Evaluation and Salary Review.
[Moved to Executive Session, Item 11 D.]
~
NEW BUSINESS:
Consider Approval of Resolution 99-XX Approving an Amended Conditional Use Permit for
Gleason's Gymnastic School on Property Located at 17001 Fish Point Road.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE ADOPTION OF
RESOLUTION 99-XX APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR
GLEASON'S GYMNASTIC SCHOOL ON PROPERTY LOCATED AT 17001 FISH POINT ROAD.
LYMAN MCPHERSON (17001 Fish Point (Suite 31): Expressed concern for signage for parking and
additional noise issues. Also requested verification that a permanent Certificate of Occupancy is
issued for his portion of the Hanson building.
BOYLES: Provided further clarification as to hours of operation (2pm-10pm) for school activities
only (excluding meets) and noise issues. Reviewed conditions of the CUP.
KEDROWSKI: Requested clarification as to the Certificate of Occupancy issue.
RYE: Provided clarification that the final agreement was arrived at with the property owner in
December and the Certificate of Occupancy was issued just before Christmas. Staff will double-
check the Certificate of Occupancy for this use..
Upon clarification by Staff, Mr. MCPHERSON stated he was comfortable with issuing the CUP.
CHUCK RUTZ (Petitioner): Asked for direction with how to proceed.
MADER: Based on Council action tonight, the petitioner should implement the conditions as soon
as possible, so that the high school can use the facility.
RUTZ: Asked who regulates the noise abatement requirements?
MADER: Replied a soundproof expert with approval by Don Rye, Planning Director.
RUTZ: Expressed concern that his budget would allow him to make Mr. McPherson happy, but
maybe not a sound expert. This is a neighbor relation issue, not necessarily a Council issue. This
is getting awfully complicated.
RYE: This is the recommendation of the Planning Commission under Conditional Use criteria.
Alternatives would be a policy decision for the Council.
010499.DOC
4
""
Council Meeting Minutes
January 4, 1999
WUELLNER: The noise issue would have been an issue regardless of whether Mr. McPherson
brought it up or not. It is not likely that the Council would consider further revision of the CUP.
SCHENCK: Expressed concern with getting the City involved in noise issues. It seems this is a
landlord/tenant issue. It may open a Pandora's box for the City.
MADER: Clarified that the City's involvement is caused in part because we allowed a Gymnastics
school in an industrial park.
KEDROWSKI: Suggested amending the noise requirement to say "if the neighboring tenants
complain".
PACE: Stated that that standard would be arbitrary. There is a question of enforceability.
MADER: Stated he would be prepared to delete the requirement of approval by a soundproof
professional all together provided that if there is concern by other tenants the Council has the
opportunity to review the CUP at any time.
BOYLES: Clarified that a complaint regarding the CUP would automatically kick in a review
process.
MOTION TO AMEND RESOLUTION 99-XX BY MADER, SECONDED BY WUELLNER
RELATING TO CONDITION #4 TO READ IN ITS ENTIRETY, "THE APPLICANT MUST PROVIDE
NOISE ABA TEMENT MEASURES."
Attorney PACE advised that the language was vague.
MADER: Stated that in the interest of coming to a resolution, he was comfortable leaving the
language as proposed.
VOTE ON THE MOTION TO AMEND AS STATED: Ayes by Mader, Kedrowski, Petersen,
Wuellner and Schenck, the motion carried.
VOTE TO APPROVE RESOLUTION 99-XX APPROVING THE CONDITIONAL USE PERMIT FOR
GLEASON'S GYMNASTIC SCHOOL AS AMENDED: Ayes by Mader, Kedrowski, Petersen,
Wuellner and Schenck, the motion carried.
MADER: Provided clarification that the extended hours do not go into effect until these conditions
are met and approve by Mr. Rye.
With no objections from the Council, MADER moved Item 1 DC to the next item on the Agenda
because Councilmember PETERSEN was feeling ill.
1 DC Appointments and Bylaws Approval.
ACTING MAYOR - MOTION BY KEDROWSKI, SECOND BY MADER TO APPOINT
COUNCILMEMBER WUELLNER AS ACTING MAYOR FOR 1999
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
010499.DOC
5
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
JANUARY 4, 1999
lOA
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 99-XX
APPROVING AN AMENDED CONDITIONAL USE
PERMIT FOR GLEASON'S GYMNASTIC SCHOOL ON
PROPERTY LOCATED AT 17001 FISH POINT ROAD
(Case File 98-163)
History: On September 21, 1998, the City Council adopted
Resolution 98-108 approving a conditional use permit for the
operation of a gymnastic school on the property at 17001 Fish
Point Road. Approval of this permit was subject to the
following conditions:
1. The gymnastic school must be located as shown on the
approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday
through Friday and 7:00 AM to 11 :00 PM on Saturday and
Sunday.
3. Twelve parking spaces must be reserved for this use. These
spaces must be signed for use by patrons of the school
during designated hours.
4. The applicant has until one year from the date of adoption
of the resolution by the City Council to complete the
required improvements and record the resolution or the
conditional use permit becomes null and void (Section 5-6-
8). A certificate of occupancy will not be issued until proof
of recording of the resolution has been submitted to the
City.
These conditions were consistent with the ordinance allowing
gymnastic schools within the Business Park (BP) District. On
December 7, 1998, the City Council adopted Ordinance 98-17
amending the permitted hours of operation for a gymnastic
school in the BP District. This ordinance allows hours of
operation for a gymnastic school to be extended to 2:00 PM to
11 :00 PM on Mondays through Fridays for school sponsored
activities.
b\98file!l\9&cup\98-163\98-163c;c;.doc L
162 o Eagle Creek Ave. :::i.e., 1-'nor Lake, Minnesota !j5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1: \98files\98cup\98-163\98-163cc.doc
In anticipation of the adoption of this ordinance amendment,
the applicant filed an application to amend his original
conditional use permit to change the permitted hours of
operation. He is requesting the hours be extended to 2:00 PM
through 11 :00 PM on Mondays through Fridays. There are no
other changes requested with this proposed amendment.
Current Conditions: The building is constructed and various
tenants occupy more then 50% of the space. A temporary
Certificate of Occupancy was issued pending completion of
building, engineering, and planning items. The gymnastic
school is presently operating in a space approximately 3,638
square feet in area. The school also has a temporary certificate
of occupancy pending completion of all requirements.
On December 15, 1998, the Planning Commission held a
public hearing to review the proposed amendment. At the
hearing, the Commission received testimony from Dorothy
McPherson, a tenant in the building, who is opposed to the
extended hours of operation. Ms. McPherson testified that the
noise generated by the gymnastic school is causing a problem
in her business, and that the traffic generated by the school is
causing some parking problems. She presented a petition (see
attached) signed by other tenants of this building opposed to
the extended hours. Mary Haugen, Activities Director at Prior
Lake High School, testified the extended hours are necessary to
allow the high school gymnastic team to practice 2 to 3 times
per week. A copy ofthe draft minutes is attached to this report
for your information.
Following the public hearing, the Planning Commission
'recommended approval of the amendment to the Conditional
Use Permit, subject to the following conditions:
1. The gymnastic school must be located as shown on the
approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday
through Friday and 7:00 AM to 11:00 PM on Saturday and
Sunday. The hours of operation may be extended to 2:00
PM to 11 :00 PM for sanctioned school sponsored activities.
These activities are limited to practices only. No meets or
competitions may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These
spaces must be signed for use by the patrons of the school
during designated hours.
4. The applicant must provide noise abatement measures
which will prevent noise from the gymnastic school from
being heard in the adjacent units.
2
1:\98files\98cup\98-163\98-163cc.doc
5. All improvements, including the parking signs and the
noise abatement must occur before any activity is allowed
between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one year from the date of
approval by the City Council. Such review is to include a
detail of activities or problems occurring with the use. The
review may result in additional conditions being placed on
the Conditional Use Permit.
7. The applicant has until one year from the date of adoption
of the resolution by the City Council to record the
resolution or the Conditional Use Permit becomes null and
void (Section 5-6-8). A certificate of Occupancy will not
be issued until proof of recording of the resolution has been
submitted to the City.
The Issues: The City Council must determine if the CUP
complies with the conditions set forth in the ordinance and
whether it concurs with the Planning Commission and staff
recommendation to approve the CUP.
Section 7.5(C) sets forth several criteria for approval of a CUP.
These criteria and the staff analysis of compliance with these
criteria are set forth below;
1. The proposed use conforms to the district permitted and
conditional use provisions and all general regulations of
this Ordinance.
The proposed use is consistent with the conditional use
provisions for the B-P Business Park zoning district and
conforms to all general regulations of the Zoning Ordinance
(upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause
any conditions that may be dangerous, injurious, or
noxious to any other property or persons, shall comply with
the performance standards listed below.
The proposed use of a gymnastics school does not appear to be
dangerous, injurious or noxious to other property or other
property owners. The specific conditions for approval have
been met.
3. The proposed use shall be sited, oriented and landscaped
to produce harmonious relationship of buildings and
grounds adjacent to buildings and properties.
3
1:\98files\98cup\98-163\98-163cc.doc
The landscape ordinance does not apply. The use is a leased
tenant in an existing building for which a landscape plan has
been approved and a letter of credit is on file.
4. The proposed use shall produce a total visual impression
and environment which is consistent with the environment
of the neighborhood.
The building is constructed and the use is a leased tenant. The
visual impression and environment is consistent with the
neighborhood.
5. The proposed use shall organize vehicular access and
parking to minimize traffic congestion within the
neighborhood.
The existing site has 41 parking stalls and only 20 of those are
required for existing uses. There is adequate parking, based on
the ordinance, for the proposed use. There are 10 stalls directly
in front of the gymnastics school and overflow parking can be
accommodated by utilizing parking in front of the site or in the
rear by the loading docks. Turn around for the students can be
accomplished in the designate drive aisle or in the loading dock
area on the east side of the building. There is no land available
for creating another drive aisle for exiting purposes only.
Congestion within the site may occur at the beginning of
practice and at the end of practice. One way to eliminate some
of the potential conflicts may be to limit the types of activities
which may occur between the hours of2:00 PM and 5:00 PM.
The Planning Commission recommended the activities be
limited to school practices only; there should be no meets or
other competitions allowed within that time.
6. The proposed use shall preserve the objectives of this
Ordinance and shall be consistent with the Comprehensive
Plan.
The current Comprehensive Plan designates the property as
Business Office Park. The proposed use is educational or
commercial. The Comprehensive Plan states primary uses as
corporate headquarters; and professional and administrative
offices; and limited research, development and manufacturing
facilities. Related secondary uses such as restaurants where
food is ordered and consumed on the premises, hotels and other
businesses having limited contact with the general public and
no retail sale of products could be allowed as conditional uses.
While this is not specifically listed as an intended use, it is a
result of actions of the City Council to fill an unmet need in the
4
FISCAL IMPACT:
ALTERNATIVES:
I: \98files\98cup\98-163\98-163cc.doc
community not anticipated when the Comprehensive Plan was
adopted.
The performance standards are set forth in Section 7.5(D) and
relate to the following factors;
Fire protection
Noise
Odors
Glare
Water pollution.
Electrical disturbance,
Vibrations,
Air pollution,
Erosion,
The proposed project may result in additional noise on this site.
In order to mitigate this impact, the Planning Commission has
recommended the applicant take measures to abate the noise so
it cannot be heard in the adjacent units.
The matter of noise abatement also presents some issues.
Specifically, how do we determine how much noise abatement
is necessary. We can apply a numerical value to sound
abatement measures in two ways. The first method is to
measure the existing noise, and require a reduction in the
number of decibels. A second method is to place a minimum
dollar amount on the improvements. The attached
memorandum from Robert Hutchins details some methods of
noise abatement.
Conclusion: The Planning Commission and staff recommend
approval of the CUP with the conditions as stated. The staff
would also recommend the Council place a numerical value on
the amount of noise abatement required by the applicant. In
order to determine a specific amount of improvement, the
Building Official has recommended an estimate be obtained
from a professional in the sound transmission field.
There is no fiscal impact if the conditional use permit is
approve or denied. Any costs associated with the
improvements must be born by the applicant.
The Council has three alternatives:
1. Adopt Resolution 99- XX approving the amended CUP for
Gleason's Gymnastic School with the conditions as
presented, or with specific modifications.
2. Deny Resolution 99-XX and direct the staff to prepare a
resolution denying the Conditional Use Permit with
specific findings of fact.
3. Defer this item and provide staffwith specific direction.
5
RECOMMENDED
MOTION:
The staff recommends Alternative #1, adoption of Resolution
99-XX approving a conditional use permit for Gleason's
Gymnastic School.
REVIEWED BY:
I: \98fi1es\98cup\98-163\98-163cc.doc
6
From: Tenants 17001 Fish Point Rd
To: Prior Lake City Council
14 December 1998
Subj: Gymnastics Center Hours of Operation
The Prior Lake American, 12 December issue, stated Gleason's Gymnastics is
seeking an allowance for operations from 2:00 p.rn. to 5:00 p.m. This is during normal
working hours for the businesses located at 17001 Fish Point Road and would interfere
with normal operations.
The amendment the city council recently passed on this matter specifically
requires one parking space per 300 square feet of space utilized for gymnastics, separate
from any other normal use. There are sufficient spaces at 17001 to support this, but they
should be marked as such. Spaces directly adjoining the offices of other tenants should
not be considered for this use.
Furthermore, there is inadequate sound insulation to make it practical to conduct
normal business during gymnastics hours. Currently, when the gymnastics studio is in
operation the children can be heard quite easily in adjoining spaces. It would be
unreasonable to expect there to be silence in a gymnastics studio, just as it is
unreasonable to expect businesses to conduct telephone conversations with the children
in the background. Additionally, suite 103 conducts surface mount board repairs
periodically. This work is extraordinarily tedious and precise requiring the complete
attentions of the technician. As the gymnastics studio is directly adjoining the work area,
evening work of this nature has been ceased.
It is understood that the landlord needed to rent the space the gymnastics studio
occupies, just as the studio needed a space to occupy. However, the area is still an
industrial complex with customers, vendors, delivery, and shipping trucks. Please,
consider not only the rights of the other tenants, but also the safety of the children
attending this studio.
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PLANNING COMMISSION MINUTES
DECEMBER 15,1998
1. Call to Order:
~
The December 15, 1998, Planning Commission meeting was called to order by Chairman
Stamson at 6:30 p.m. Those present were Commissioners Criego, Stamsol1dm4. Vonhof,
Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner::IiBHrTbvar and
Assistant City Engineer Sue McDermott. ..::/::::::::1:1::::::.:
. .;.....::;:~t~~~fj::::.:.::::1~~[[[~~:~~~~~it~~::::..
~~=: 1,.3 '"
PresenL;:::::::::::::;:::' .:::)f:::"
Abserif.....:::::::::/::/:::::::.. /::;:;:::.:.......:.:::;:;:;:;:.
Present ..::::::t::::II::I::::!i:III.:::::::::..
..::::trrt:::.. ,',
\1tjr~j)ft~rt~:~::::::.:.... "::::j~jjjjiiijjj~j~jf~~~~{~~~:::'
The Minutes from the November 23, 1998:::'l;:iHI..ii&mmi~siqn::I:;eting were approved
: pre::~c Hearings:'" Y'T
A. Case #98-163 ~w:il;'~:::'for an.::Jendment:llli~ti; approved Conditional Use
Permit for the::Gl~l~!.. GYmi.tmt:~!~99l::16cated at 17001 Fish Point Road SEe
The proposed amendqU~.j:\vUratt6W:fhe:::hours of operation of the school to be
extended..t.(tZ.;.QO PM tJ:::Ii.:~Q.p PM, Mondays through Fridays for school
sp~~
Pla.mifig Coordinator Jaij,i::J{aiset=lh'esented the Planning Report dated December 15,
U~~g:~:::RJkf.ile in the office,]!!fthe Planning Director. On September 21, 1998, the City
CoundUiiProved an ordjiance permitting gymnastic schools in the B-P zoning district
with sped=tli::"enditio~j~:::)bn December 7, 1998, the City Council amended the ordinance
changing the::~i.b4itiltt.ffelating to hours of operation. This Conditional Use Permit
(CUP) amenctlli~i::i~rto be reflective ofthe extended hours of operation. Staff
recommends apptb'val of the change to the CUP subject to specific conditions as listed in
the staff report.
2.
Roll Call:
V onhof
Kuykendall
Criego
Cramer
Stamson
3.
Approval of Minutes:
Comments from the public:
The applicant was not present at the hearing.
Dorothy McPherson, 16282 West Avenue, stated she leases the adjacent unit at 17001
Fish Point Road, #103. She does not approve ofthe extended hours. It is an industrial
1:\98files\98plcomm\pcmin\121598.doc
area and a lot of business activities are being conducted in this building. The noise is also
a problem. McPherson invited the Commissioners to come over and hear the level of
noise. She said they used to work during the night hours, and now they have to work
additional hours during the day just for peace and quiet.
Parking is available on the site, however, it is not entirely in front ofthe leased space.
McPherson said they had to place signs in front of their space to keep peopbtJr.om
parking in their area. She stated she understands the need for the sport, bdt::fli~f~eral
occupancy of the building is not even complete. The landlord does n9!::I~t to finish
items that need to be done. McPherson presented a written requestJrHiff:m;,Jour tenants
to deny t~s amen~ent. A warehouse are is not the area for a sPl:'acti~fY.~jllii:wf.ere is too
much bUSIness actIvIty ..::;':::::::.... ":::::::::. "::::::::::::::::::::"
. ....................... ........ ....................
Mary Haugen, Activities Director at Prior Lake High S.H~:~:~::m~:::::~::esting the :~!I~i::~~'
the High School would be able to use Gleason's facyill{for ~~:~ic practice pot6htially
2 to 3 times a week. The season starts the second wMm::I~J::.~.ov.b~:~:~d ends the third
week in February. Currently there are 18 gymnasts and ~r~ijqM~es. Five of the girls drive
so there would be only 8 cars at the most, parking at the faci1ilt~:::::rhe existing High
School gyms are used for basketball pro~Jll1d events. Theyji~i~:.:.M::many facilities in
the community as possible. Only half ofllA~fIID~ti~:::psed for the"~astic program.
Haugen said they have looked for a1temati~":.locaH&.M::f9!I:::g~a'Hcs. Other
surrounding schools lease space from privat~::s.yqW:iStlt:~fli.~~IJ~:s. The school would not
be required to transport the s~Mqmti)fthe sitd:lias 10cated.:,fPrior Lake. The gymnastic
program has been transpomji~:::~td4R!S to Blodm~ngton. Competition is at the High
School. They are askil!g(ihi.- three mlirs a day far:Jhn~e days per week for 20 people.
Haugen feels what tl.;M1i::ii!e askin&:lJiis within thiipg:imdaries of the ordinance. If noise
were an issue, wou1if:th~::~t~nt.Htith'}&i>>tJUtJgJh:ep the space vacant? It is important to
keep our kids in town an&~ij,_I:.:...prO'gflmF'6P6ur youth.
~~~m
~\(((\:: ..::)/?
. Previously,::addressetrthis issue at length.
. Agrees ~nl::~ft~~h~mmendation. Conditional Use Permit conditions are met.
. Add additio~il:~:e'Ondition that there are no meets or competition allowed during 2:00
p.m. and 5 :6tfp.m.
. Review one year from now.
Criego:
. Questioned noise and separation wall. McPherson explained. They are used to the
normal warehouse noise but on the opposite side of the wall where they work, the
gymnasts are jumping on a trampoline and constantly banging against the wall. They
have had items against the wall fall over.
1:\98fi1es\98plcomm\pcmin\121598.doc
2
. Questioned how many square feet. McPherson said approximately 2,650 square feet,
employing 3 employees and hiring more.
. The Star Tribune office has several trucks pulling in and out during the day. The
other business, is in the process of shutting down for the winter.
Stamson:
. Questioned if these issues were addressed with the landlord? McPher~gi::mP.p. "Yes.
Nothing is being done." Parking is also a problem. ..::::((f:::.:.:...........:.:::::::::::
. What was his response on the noise issue? McPherson responded::~.;:owner said he
would talk to Gleason, but nothing has changed. She has reque.d~~i'Wiia~~Parking"
~::. in front of their unit to keep the gymnastic cars ou~::::~:~~::::lin notm~l:i:~. been
Criego: ....::.::.~:.~~.:~::::::::::t::rr::::::::::::::::::::::::::::r. ..::::~~~~~~~~!!.i!:.il:.:I:.:I:.:::i:i~~~:~f::):.
............ '::::::::=:::" ..........
. Questioned Mary Haugen on how many childre.p.iW;9YJd be oij:::~i.t~. Haugen ..:::::..
responded said there are 18 gymnasts from grades .7::tQ!!~~tf..:wJd~:W&uld car pool.
. Empathy for the High School but this business park wiii::il#:l.up for industry. Ifwe
have current tenants complaining abolltpoise and to SOm(r(llr~e ~~out parking. It is
only ~oing to get worse in the afternd'I::'~R:::Eost of the eri\1"~"jes are there
working. .::ft: ....::::::::tffff):::::::::..... ..)i(::..
. Hard time justifying the afternoon sessi'~& Th.irt.::iM'I~n;,~::)ya~::..limited to 5:00 p.m.
and beyond. .......... .::~::::::\.::::(~~?:::::.. ...:.::::::!:!:!:::(f:..
. Item 4 is not being met:.::::i!1Iil::J.!:poise gei\iated frotri::lhe gymnastics studio. The
environment is bein&::~f.l~~hrrbedl::::::~::::::~ .:t:::::\.. ...
:1':::: Mil be a ~~~ approval b=use of problems.
· Concern r.?~,}p':?~ing th~::l1.:Hce time forward and the impact of this type of facility in
the ingH_m4:l,l!it:::.. ..::::t::I:@~~~~::::,:......::::~:::.
. w ~H.(rdiscusslHi'::p'oint eafiji#iTId they were to be reviewed. Most of our
.Rfiberns are site baslt They:::phuld apply to other issues.
.,::::::::~r~I;"!@able to changirig::#Ie hours with annual review. If there are more problems then
we:~~ijmM~mit the how:;*~:t
· Symp:ibili,,@ for bo~p;~~~sers.
C riego: ..:::::{~:::i!i:.iiiiiiii~::~~::::::::::::::::~~::~:~:r::..
. I am a smallJfusiness user. My neighbor had loud excessive noise. It is difficult to
remove sound once it is there. It becomes the norm. Types of sound are different.
V onhof:
. Agreed with Criego, but there is a way to deal with the noise. Condition the CUP
where the tenant is responsible for any noise abatement.
. The parking lot be appropriately signed. Then it becomes the tenant's responsibility
to take care of the noise.
1: \98files\98p1corrnn\pcmin \ 121598.doc
3
. Add condition the tenants cannot operate afternoon session until the parking lot is
signed and wall noise issues addressed.
MOTION BY VONHOF, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL
APPROVE THE CUP WITH SPECIFIC CONDITIONS AS PRESENTED,
INCLUDING STAFF RECOMMENDATION WHICH INCLUDE THE FIVE
PROVISIONS IN THE STAFF REPORT AND THE ADDITIONAL TWCltt::r:::::.:...
PROVISIONS, INCLUDING THE NOISE ABATEMENT TO PREVENW:::NOfSE
COMING FROM THE UNIT AND THE PARKING LOT IS APPRQPlltATEL Y
SIGNED. THESE IMPROVEMENTS MUST BE MADE PRIO;BJ[Cr_:::..
......
:::::::~: ~~ ."
A. Cas. 98-158 Lee Nelson of 16085 N:ij,tth;:6:6.li::19~u!,J~ ~~4i~stin he vacation of
an ease ent for water main located on:jjtot,::14; N6Rllpb"d.
Planner Jenni Tov res~ng R~ dated ~e
the office of the PI .::DIrector::::::::::::: ..::::::::.. ...
This petition is pA "'~ e emen!s within the City. As the
situation exists, the city.lil:::'i::::..::::.:.:.t'~i:::fuiiH:::~I~hIent d separate sanitary sewer easement
on Lot 94, ~f:Ulftwsg~. It w6.~~~::,p very difficu 0 work on the water main and remain
in the e~:i!pg:::ea'S~Ilh.. ..::::::::::j'j:j::::::::::::{::(>.
Th,~::~f:~::rty owner ~:~II,,: to coriJ~ct g e addition. A permit has been issued with
th~f::'}jtiP:H~ed garage locit,d on a p ion of e existing water main easement. The
permifw:I::i~sued with !I~:. intent the City to co ect the easement situation on the lot.
Mr. NelsdrlUi:::Willing t@j::gtant t City the proper ease ent as part of this vacation. After
such dediCaiib.~.II:;::,fSpose garage will not be located any easement.
V onhof questiori8d if 1 feet was a common width for utility ea ments. Sue McDermott
responded the wate ain is usually a minimum of 8 feet deep witH e width
approximately . ce the depth. Fifteen feet is adequate.
5.
6.
Applicant, Lee Smith, 16058 Northwood Road was present but declined comment.
1:\98files\98plcomm\pcmin\121598.doc
4
Memorandum
Date: December 22, 1998
To: Jane Kansier
From: Robert D. Hutchins \2- [) ~
Re: Sound Control Wall at 17001 Fish Point Rd. Gymnastic Studio
You have requested guidance on deciphering and describing a Sound Wall.
A sound wall as described in the Uniform Building Code (UBC) is a wall or
floor the reduces the sound from one residential tenant to another. The UBC
has no requirements for commercial tenant sound control. A sound control
wall is comprised of layered building materials intended to reduce the
transmission of sound.
The Gypsum Association has formulated a series of proprietary Sound Wall
designs with a graduated scale of increased sound deadening qualities. Of
course with each increase in materials comes an added cost. It is my
understanding that the Planning Commission has requested that a sound
wall be installed at the gymnastic studio. There is a number of courses that
could be followed. The first question that would be asked is: at what degree
of sound control should the studio be held? The more sound deadening
qualities required, the additional cost that would be incurred.
The tenant space has walls that have dimensions of 58' wide x 17' and 44'x
17' high. Since there are no guide lines in the building code for commercial
tenants, a Sound Control specialist could be employed to help determine a
desired degree of sound control. Another option may be to set a dollar limit
on the amount spent, to control the sound. With walls of this sizable
proportion, I would not be willing to give an estimate of the probable costs
involved. A professional in the sound transmission field would be warranted
to give out the estimates sought.
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
CONDUCT A PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE CONDITIONAL USE PERMIT
(CUP) FOR GLEASON'S GYMNASTICS SCHOOL
(Case File #98-163)
LARRY GLEASON
17001 FISH POINT ROAD, LOCATED IN THE
WATERFRONT PASSAGE BUSINESS PARK
JANE KANSIER, PLANNING COORDINATOR
~YES _NO-N/A
DECEMBER 15, 1998
On September 21, 1998, the City Council adopted Resolution 98-108, approving a
conditional use permit for the operation of a gymnastic school on the property at 17001
Fish Point Road. Approval of this permit was subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5:00 p.m. to 11:00 p.m. Monday-Friday and 7:00 a.m. to 11:00
p.m. on Saturday and Sunday.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for
use by the patrons of the school during designated hours.
4. The applicant has until one year from the date of adoption of the resolution by the
City Council to complete the required improvements and record the resolution or the
Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been
submitted to the City.
These conditions were consistent with the ordinance allowing gymnastic schools within
the Business Park (BP) zoning district.
On December 7, 1998, the City Council adopted Ordinance 98-17 amending the
permitted hours of operation for a gymnastic school in the BP district. This ordinance
allows the hours of operation for a gymnastic school to be extended to 2:00 PM to 11 :00
PM on Mondays through Fridays for school sponsored activities.
In anticipation of the adoption of this ordinance amendment, the applicant filed an
application to amend his original conditional use permit to change the permitted hours of
J:\98filxs\98cup\98-1.63198-163pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
operation. He is requesting the hours be extended to 2:00 PM through 11 :00 PM on
Mondays through Fridays. There were no other changes requested with this proposed
amendment.
REVIEW PROCESS:
The proposed amendment to the CUP should be reviewed in accordance with the criteria
found in Section 7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a
conditional use shall be approved if it is found to meet specific criteria. The criteria are
discussed on the following pages. In addition, the conditions for the operation of a
gymnastic school in the BP district, as outlined in Ordinance 98-17 must be adhered to.
These conditions are as follows::
1. The use occupies no more than 4,000 square feet of floor area in the principal
structure.
2. Hours of operation are limited to 5:00 PM to 11:00 PM Monday-Friday and 7:00
AM to 11 :00 PM on Saturday and Sunday. The hours of operation for a
sanctioned, school sponsored event may be extended to 2:00 PM to 11 :00 PM on
Mondays through Fridays.
3. A minimum of one parking space per 300 square feet of floor area is required.
4. The minimum parking cannot be shared or combined with other uses.
SITE ANALYSIS:
The existing building is 25,520 square feet in area. The submitted building plan indicates
one designated 2,414 square foot tenant space and one half of an adjacent tenant space
(2,447 square feet total) of 1,224 square feet resulting in total area of approximately
3,638 square feet to be used for the gymnastics school.
The building is designed with 2,000 square feet of office, requiring 8 parking stalls and
23,520 of warehouse. Parking for warehouse use is based on one stall per employee.
Diversified Snacks has 5 employees, Tomac has 4 employees, Premier Industries
currently has 1 employee, but intends to have 4 or 5 total employees in the near future,
and Star Tribune has no employees but has contract drivers who pick-up papers from the
site and work outside the building. The required parking is 13 for warehouse employees
and 8 for office use resulting in 21 stalls being used for current businesses. There are 41
parking stall on site, leaving 20 stalls for the gymnastics studio. Based on 3,638 square
feet, the gymnastics studio will require 12 stalls. Parking requirements are thus met.
CONDITIONAL USE PERMIT ANALYSIS:
Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the
staff analysis of compliance with these criteria are set forth below;
1. The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
1:\98files\98cup\98-1 63\98-1 63pc.doc
2
The proposed use is consistent with the conditional use provisions for the B-P Business
Park zoning district and conforms to all general regulations of the Zoning Ordinance
(upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The proposed use of a gymnastics school does not appear to be dangerous, injurious or
noxious to other property or other property owners. The specific conditions for approval
have been met.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The landscape ordinance does not apply. The use is a leased tenant in an existing
building for which a landscape plan has been approved and a letter of credit is on file.
4. The proposed use shall produce a total visual impression and environment which
is consistent with the environment of the neighborhood.
The building is constructed and the use is a leased tenant. The visual impression and
environment is consistent with the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion within the neighborhood.
The existing site has 41 parking stalls and only 20 of those are required for existing uses.
There is adequate parking, based on the ordinance, for the proposed use. There are 10
stalls directly in front of the gymnastics school and overflow parking can be
accommodated by utilizing parking in front of the site or in the rear by the loading docks.
Turn around for the students can be accomplished in the designate drive aisle or in the
loading dock area on the east side of the building. There is no land available for creating
another drive aisle for exiting purposes only. Congestion within the site may occur at the
beginning of practice and at the end of practice. One way to eliminate some of the
potential conflicts may be to limit the types of activities which may occur between the
hours of 2:00 PM and 5:00 PM. For example, the activities may be limited to school
practices only; there should be no meets or competitions allowed within that time.
The Planning Commission may also wish to require an annual review of the conditional
use permit in order to monitor any problems which may occur as a result of the operation
of the business.
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
1:\98files\98cup\98-1 63\98-1 63pc.doc
3
The current Comprehensive Plan designates the property as Business Office Park. The
proposed use is educational or commercial. The Comprehensive Plan states primary uses
as corporate headquarters; and professional and administrative offices; and limited
research, development and manufacturing facilities. Related secondary uses such as
restaurants where food is ordered and consumed on the premises, hotels and other
businesses having limited contact with the general public and no retail sale of products
could be allowed as conditional uses. While this is not specifically listed as an intended
use, it is a result of actions of the City Council to fill an unmet need in the community not
anticipated when the Comprehensive Plan was adopted.
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
. Fire protection
. Noise
. Odors
. Glare
. Water pollution.
. Electrical disturbance,
. Vibrations,
. Air pollution,
. Erosion,
The proposed project is not expected to result in any of the nuisance factors set forth in
the performance standards and is thus consistent with these standards.
CONCLUSION
Staff is of the opinion that the proposed use would be appropriate to the proposed
location given the recent ordinance amendment to allow gymnastic schools as conditional
uses. Staff recommends the Planning Commission recommend approval of the CUP with
the conditions specific to ordinance 98-17 such as hours of operation and parking to be
incorporated into the resolution.
ALTERNATIVES:
1. Recommend the City Council approve the CUP with specific conditions as
presented or with changes recommended by the Commission.
2. Continue the public hearing to a date and time certain to allow the developer
and/or staff to provide additional information specifically requested by the
Planning Commission.
3. Based upon expressed findings of fact, recommend the City Council deny part or
all of the application based upon consistency of the proposal with specific
regulations of the Zoning Ordinances.
RECOMMENDATION:
Staff recommends Alternative #1. Approval of the CUP should be subject to the
following conditions:
1. The gymnastic school must be located as shown on the approved plans.
1:\98files\98cup\98-163\98-163pc.doc
4
2. Hours are limited to 5:00 p.m. to 11:00 p.m. Monday-Friday and 7:00 a.m. to 11:00
p.m. on Saturday and Sunday. The hours of operation may be extended to 2:00 PM to
11 :00 PM for sanctioned school sponsored activities. These activities are limited to
practices only. No meets or competitions may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for
use by the patrons of the school during designated hours.
4. This CUP is to be reviewed one year from the date of approval by the City Council.
Such review is to include a detail of activities or problems occurring with the use.
The review may result in additional conditions being placed on the Conditional Use
Permit.
5. The applicant has until one year from the date of adoption of the resolution by the
City Council to complete the required improvements and record the resolution or the
Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been
submitted to the City.
ACTION REOUlRED:
Motion and second recommending the City Council approve of the CUP subject to the
listed conditions.
1:\98files\98cup\98-163\98-163pc.doc
5
""1:.,>
CITY OF PRIOR LAKE
ORDINANCE NO. 98- 17
AN ORDINANCE AMENDING SECTION 5-5-15 (D) OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTION 6.15 (D) OF THE PRIOR LAKE
ZONING ORDINANCE 83-6.
The City Council ofthe City of Prior Lake does hereby ordain that:
Section 5-5-15 (D) of the Prior Lake City Code and Section 6.15 (D) of the Prior Lake
Zoning Ordinance 83-6 are hereby amended to change the hours of operation for a
gymnastic school in the Business Park (BP) Zoning District as follows (add the following
underlined language):
7. Gymnastics Schools; provided that such use occupies no more than 4,000 square feet
of floor area in the principal structure, hours of operation are limited are limited to
5:00 PM to 11:00 PM, Mondays through Fridays, and 7:00 AM to 11:00 PM on
Saturday and Sunday, and a minimum of one parking space per 300 square feet of
floor area is provided. The minimum parking requirement is not to be combined or
shared parking with other uses in the business park. The hours of operation for a
sanctioned school sponsored event may be extended to 2:00 PM to 11 :00 PM on
Mondays through Fridays.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 7th day of December, 1998.
~ k-\. kIt..J~-
Mayor
Publishe
the Prior Lake American on the 12th day of December, 1998.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1:\98fi1es\98ordamd\zoning\98-152\ord98xx.doc PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
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16200 Eagle Creek Avenue S.E.IPrior Lake, Minnesota 55372-1714/ Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
.0 Rezoning, from (present zonin~) sheets/narrative if desired) .
to (proposed zonin~) ~ncL elTYYi-,_:fi~ LU5I..) ~n4:f
o Amendment to City Code, Compo Plan or City Ordinance a II~ 5~~ m; ~ &.1>Cf(:!(.
o Subdivision of Land ~ IM\J .JV1-J..J -. 0.:1.- ~o....J)rn ~
O dJ..... ~ -L V$Ekly
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IE Conditional Use Permit ~ I,...~t" ~ ~.fkJh ~ c';I>>fIlG,r:j,.
o Variance .. J>r~~ .
,
o Other:
Applicant(s): Lo.v-~ G I~Yl
Address: ~/~I ~~ IJ~V- V 'l~ i~ ca a..f
Home Phone: ~~/ - 4/S'( - c.. 2 0< Work Phone: 9's$"- ~2.Q3 Ei:fo.f1
Property Owner(s) [If different from Appli D..lfe. dn..~e~
Address: 8/'10 t' fal 'JJ S-
Hame Phone: ~ 7-s/tJ~ Work hone:?~- tJ/.3</ eid:l ~~
Type of Owne ship: Fee _ Contract for Deed _ Purchase Agreement
To the best of my kno dge the informatio provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
ap~ will nnt be prn.""ed until deemed .omplete by tbe Planning Diredor or assignee.
,... ~JaJ2o~_ 1/ (5 /9!?
APPlican7rure Date
Fee Owner's Signature Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee Date
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PLANNING COMMISSION MINUTES
DECEMBER 15, 1998
1. Call to Order:
The December 15, 1998, Planning Commission meeting was called to order by Chairman
Stamson at 6:30 p.m. Those present were Commissioners Criego, Stamson and V onhof,
Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar and
Assistant City Engineer Sue McDermott.
2. Roll Call:
V onhof
Kuykendall
Criego
Cramer
Stamson
Present
Absent
Present
Absent
Present
3. Approval of Minutes:
The Minutes from the November 23, 1998 Planning Commission meeting were approved
as presented.
4. Public Hearings:
>
A. Case #98-163 Request for an amendment to the approved Conditional Use
Permit for the Gleason Gymnastic School located at 17001 Fish Point Road SEe
The proposed amendment will allow the hours of operation of the school to be
extended to 2:00 PM to 11 :00 PM, Mondays through Fridays for school
sponsored activities.
Planning Coordinator Jane Kaiser presented the Planning Report dated December 15,
1998, on file in the office of the Planning Director. On September 21, 1998, the City
Council approved an ordinance permitting gymnastic schools in the B-P zoning district
with specific conditions. On December 7, 1998, the City Council amended the ordinance
changing the condition relating to hours of operation. This Conditional Use Permit
(CUP) amendment is to be reflective of the extended hours of operation. Staff
recommends approval ofthe change to the CUP subject to specific conditions as listed in
the staff report.
Comments from the public:
The applicant was not present at the hearing.
Dorothy McPherson, 16282 West Avenue, stated she leases the adjacent unit at 17001
Fish Point Road, #103. She does not approve of the extended hours. It is an industrial
1:\98files\98plcomrn\pcmin\121598.doc
area and a lot of business activities are being conducted in this building. The noise is also
a problem. McPherson invited the Commissioners to come over and hear the level of
noise. She said they used to work during the night hours, and now they have to work
additional hours during the day just for peace and quiet.
Parking is available on the site, however, it is not entirely in front of the leased space.
McPherson said they had to place signs in front of their space to keep people from
parking in their area. She stated she understands the need for the sport, but the general
occupancy of the building is not even complete. The landlord does not want to finish
items that need to be done. McPherson presented a written request from the four tenants
to deny this amendment. A warehouse are is not the area for a sport activity. There is too
much business activity.
Mary Haugen, Activities Director at Prior Lake High School, is requesting the change so
the High School would be able to use Gleason's facility for gymnastic practice potentially
2 to 3 times a week. The season starts the second week of November and ends the third
week in February. Currently there are 18 gymnasts and 3 coaches. Five of the girls drive
so there would be only 8 cars at the most, parking at the facility. The existing High
School gyms are used for basketball programs and events. They use as many facilities in
the community as possible. Only half of one gym is used for the gymnastic program.
Haugen said they have looked for alternative locations for gymnastics. Other
surrounding schools lease space from private gymnastic facilities. The school would not
be required to transport the students if the site was located in Prior Lake. The gymnastic
program has been transporting students to Bloomington. Competition is at the High
School. They are asking for three hours a day for three days per week for 20 people.
Haugen feels what they are asking falls within the boundaries of the ordinance. If noise
were an issue, would the intent of the City be to keep the space vacant? It is important to
keep our kids in town and offer a program for our youth.
The public hearing was closed at 6:50 p.m.
Comments from the Commissioners:
V onhof:
. Previously addressed this issue at length.
. Agrees with staff recommendation. Conditional Use Permit conditions are met.
. Add additional condition that there are no meets or competition allowed during 2:00
p.m. and 5:00 p.m.
. Review one year from now.
Criego:
. Questioned noise and separation wall. McPherson explained. They are used to the
normal warehouse noise but on the opposite side of the wall where they work, the
gymnasts are jumping on a trampoline and constantly banging against the wall. They
have had items against the wall fall over.
1:\98files\98plcornrn\pcmin\121598.doc
2
. Questioned how many square feet. McPherson said approximately 2,650 square feet,
employing 3 employees and hiring more.
. The Star Tribune office has several trucks pulling in and out during the day. The
other business, is in the process of shutting down for the winter.
Stamson:
. Questioned if these issues were addressed with the landlord? McPherson said "Yes.
Nothing is being done." Parking is also a problem.
. What was his response on the noise issue? McPherson responded the owner said he
would talk to Gleason, but nothing has changed. She has requested ''No Parking"
signs in front of their unit to keep the gymnastic cars out, but again nothing has been
done.
Criego:
. Questioned Mary Haugen on how many children would be on site. Haugen
responded said there are 18 gymnasts from grades 7 to 12 who would car pool.
. Empathy for the High School but this business park was put up for industry. Ifwe
have current tenants complaining about noise and to some degree about parking. It is
only going to get worse in the afternoon when most of the employees are there
working.
. Hard time justifying the afternoon session. That is why it was limited to 5 :00 p.m.
and beyond.
. Item 4 is not being met. There is noise generated from the gymnastics studio. The
environment is being disturbed.
. There will be a parking issue. Cannot recommend approval because of problems.
Stamson:
. Concern for moving the practice time forward and the impact of this type of facility in
the industrial park.
. We did discuss these point earlier and they were to be reviewed. Most of our
concerns are site based. They could apply to other issues.
. Agreeable to changing the hours with annual review. If there are more problems then
we can limit the hours.
. Sympathize for both users.
Criego:
. I am a small business user. My neighbor had loud excessive noise. It is difficult to
remove sound once it is there. It becomes the norm. Types of sound are different.
V onhof:
. Agreed with Criego, but there is a way to deal with the noise. Condition the CUP
where the tenant is responsible for any noise abatement.
. The parking lot be appropriately signed. Then it becomes the tenant's responsibility
to take care of the noise.
1:\98files\98plcomm\pcmin\121598.doc
3
. Add condition the tenants cannot operate afternoon session until the parking lot is
signed and wall noise issues addressed.
MOTION BY VONHOF, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL
APPROVE THE CUP WITH SPECIFIC CONDITIONS AS PRESENTED,
INCLUDING STAFF RECOMMENDATION WHICH INCLUDE THE FIVE
PROVISIONS IN THE STAFF REPORT AND THE ADDITIONAL TWO
PROVISIONS, INCLUDING THE NOISE ABATEMENT TO PREVENT NOISE
COMING FROM THE UNIT AND THE PARKING LOT IS APPROPRIATELY
SIGNED. THESE IMPROVEMENTS MUST BE MADE PRIOR TO ANY
ACTIVITIES BETWEEN THE 2:00 P.M. AND 5:00 P.M. TIME PERIOD.
Vote taken signified ayes by all. MOTION CARRIED.
This item will go before the City Council on January 4, 1999.
5. Old Business:
6. New Business:
A. Case #98-158 Lee Nelson of 16085 Northwood Road is requesting the vacation of
an easement for water main located on Lot 94, Northwood.
Planner Jenni Tovar presented the Planning Report dated December 15, 1998, on file in
the office of the Planning Director.
This petition is part of the City's effort to clean-up easements within the City. As the
situation exists, the City has a water main easement and separate sanitary sewer easement
on Lot 94, Northwood. It would be very difficult to work on the water main and remain
in the existing easement.
The property owner intends to construct a garage addition. A permit has been issued with
the proposed garage located on a portion of the existing water main easement. The
permit was issued with the intent of the City to correct the easement situation on the lot.
Mr. Nelson is willing to grant the City the proper easement as part of this vacation. After
such dedication, the proposed garage will not be located on any easement.
V onhof questioned if 15 feet was a common width for utility easements. Sue McDermott
responded the watermain is usually a minimum of 8 feet deep with the width
approximately twice the depth. Fifteen feet is adequate.
Comments from the public:
Applicant, Lee Smith, 16058 Northwood Road was present but declined comment.
1:\98files\98plcomm\pcmin\121598.doc
4
PUBLIC HEARING
Conducted by the Planning Commission
~~
CUf~
ji:-Cf 8 - J (p 3>
The Planning Commission se1comes your comments in this matter. In fairness to all who
choose to speak, we ask that, after speaking once, you allow everyone else to speak
before you address the Commission again and limit your comments to clairification or
new information. Please be aware this is the principal opportunity to provide input
on this matter. Once the public hearing is closed, further tesitmony or comment will
not be possible except under rare conditions. The City Council will not hear
additional testimony when it considers this matter. Thank you.
ATTENDANCE-PLEASE PRINT
NAME
PHLIST.DOC
PAGE I
Correspondence
L:\TEMPLA TE\FILEINFO.DOC
FiLE COpy
March 10, 2000
Larry Gleason
17001 Fish Point Road
Prior Lake, MN 55372
RE: City Council Review of Approved Conditional Use Permit Resolution
Dear Mr. Gleason:
On March 6, 2000, the City Council completed its review of the approved a conditional
use permit for the operation of a gymnastic school at 17001 Fish Point Road. The
Council approved the continuation of the conditional use permit without any additional
conditions. However, the you must continue to comply with the original conditions,
including the placement of the parking signs.
Thank you for your attention to this matter. If you have any questions about this matter,
please contact me at the Planning Department at 447-9810.
Sincerely,
Q.~
~nSier
Planning Coordinator
c: David Hansen
16200 E~WWeertiF~\9Av~~\~.,df5rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FROM Tomac Limited
FAX NO.
612441215532
Mar. 1216 2121121121 1214: 17PM P1
From: Lyaman McPherson
Tornac Limited
6 March, 2000
To: Prior Lake Planning Commission
Subj: Conditional Use Permit ICa Gleasons Gymnastics
.1 recently sent a letter of objection regarding the renewal of this conditional use
permit. Due to recent developments I would like to withdraw my objections to the
approval of t.his permit.
Lyaman McPherson
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fCm~ <S ~ 03{j ~,~,\
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MAR 6_ \i\,
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FiLE COpy
v
March 2, 2000
Mr. David Hansen
The Ponds of Prior Lake, LLC
8140 Flying Cloud Drive.
Eden Prairie, MN 55344
RE: Agenda and Agenda Report
Dear Mr. Hansen:
Attached is a City Council Agenda and Agenda Report for the March 6, 2000, meeting. I
would recommend you attend this meeting to discuss your concerns with the City
Council.
If you have any questions, please contact me at the Planning Department at 612-447-
9810.
Sincerely,
~ Q. +(~
Jane Kansier, AICP
Planning Coordinator
Enclosure
16200 E~~I~~~RJ?>.~~~1g~~~~~~ke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f21Qf47-4245
AN EQUAL OPPORTUNITY EMPLOYER
FilE CCpy
March 2, 2000
Larry Gleason
Gleason Gymnastic School
2015 Silver Bell Road
Eagan, MN 55122
RE: Agenda and Agenda Report
Dear Mr. Gleason:
Attached is a City Council Agenda and Agenda Report for the March 6, 2000, meeting. I
would recommend you attend this meeting to discuss your concerns with the City
Council.
If you have any questions, please contact me at the Planning Department at 612-447-
9810.
Sincerely,
~Q.~
Jane Kansier, AICP
Planning Coordinator
Enclosure
16200 E~~I~~RJJ!\~~:1S~~.~~~Cfake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f2}Qf47-4245
AN EQUAL OPPORTUNITY EMPLOYER
FROM Tomac Limited
FAX NO.
6124405532
Feb. 24 2000 01:45PM P1
From: Lyaman McPherson
Tomac Limited
17001 Fish Point Rd #1031104
440-5533
To; Prior Lake Planning Commission
24 February. 2000
Per phone conversations with Jane in the planning department on 23 and 24 February and
Mayor Wes Mader on 23 February. this Jetter is being sent in objection to the continuation of
Conditional Use Permit case #98-163.
Wheh the original Conditional Use Permit was issued, tenants of the building located at
17001 Fish Point Road were not notified of the pending CUP and public hearing. This was
inappropriate as this issue directly impacted those tenants. Furthermore, the planning
cOmInieeion failed to f:lirly conoidOl" how 0. S)'!!1naGtio3 :Jtudio in Q.ft indU3trial oomph::", n'\isht
cause difficulties.
I found the notice of public hearing for resolution 99-0 I for the amendment to operating
hours for the gymnastics studio in the paper, but again. was not notified by the city. I held
subsequent conversations with Mayor Wes Mader who was very receptive to the concerns of
myself. and other tenants of the building. Please find attacb,ed two, (2), pages signed by the
tenants and submitted to the city in 1998. Concerns of parking, noise, and safety are listed which
the council addressed in the resolution.
Condition 3 in the "conditions" section specifically refers to the signage of parking for
use by gymnastics patrons. This would indicate that these are the parking spaces to be utilized by
gymnastics patrons. However~ on several occasions I have cottle to work in the evenings and had
to request that vehicles be moved_ Employees of Gleason's have ignored these requests. The
previous tenant of suite 104, Barc Industries. habitually had problems not only with being unable
to park at their office, but with vehieles blocking the bay door when they returned from jobs sites
in the evening to unload roofing materials_ I have been informed, through conversations with the
planning department, that the city can not, or will not, enforce this requirement as it is considered
a private matter. This would not have been an issue without the direct intervention of the city.
Condition 4 specifically addresses noise abatement. This has only been accomplished on
the watt directly adjoining suite #103. Per conversation with Jane on 23 and 24 February, the
planning department interpreted this to only apply to the wall directly adjoining suite #103 as I
was the only person able to attend the hearings on 15 December 1998. This condition does not
exclude or limit the noise abatement to suite 103 and the letter to the city dated 14 December,
1998 is signed by ALL tenants of the building e"cept the Star Tribune who are normally not
here. .It is unacceptable for the planning department to make decisions based solely on who is
physically present at a meeting rather than considering all affected panies, especially when said
parties have communicated their concerns in writing.
Another difficulty with this situation is the loading and unloading of trucks. The parking
lot in not sufficiently wide enough to accommodate trucks at the dock door and allow traffic to
pass. This is understood and tolerated by tenants who are industrial in nature as they have the
same difficulties. Semi trailer are forced to back into the lot from the street and through the entire
parking lot to load and unload at diversified 8na~ks as well as our dock doors. Additionally, since
our warehouse is split, we need to drive a forklift from bay to bay so we ean conduct business.
This includes any evening and weekend hours we must work. It is unfair to me to be verbal1y
insulted by an employee of Gleason's when I am attempting to load shipments on to a truck.
FROM T~mac Limited
FAX NO.
61244135532
Feb. 24 2131313 131:46PM P2
Again, this situation is understood by the other industrial oriented tenants as they endure the
same difficulties.
One final concern is the fact that this CUP was to be reviewed one year from the date of
approval. This was not, in fact scheduled to occur at all until after I contacted Mayor Wes Mader
on February 2nd and inquired about the required review. Acting on his recommendation, T
contacted Don Rye at the planning departtnent and requested information regarding the review
and was informed that by his recollection, no review was required. but the matter would be
researched. I received a retwn call from Don Rye stating the review was being scheduled for
FebruaJY 2200, eighteen months after the approval of the initial variance and fourteen months
after resolution 99-01. This would seem to indicate that no review was to be conducted which
directly violates the conditions set forth by the city council.
I understand the need for this type of facility in Prior Lake, but an industrial park with
limited parking and vehicular access is not au appropriate location. Perhaps the proprietor of
Gleason's and the school board could work together on a permanent solution.
Lyaman McPherson
Tomac Limited
17001 Fish Poi~t Road Suite # 103/104
FROM T~mac Limited
From: Tenants 17001 Fish Point Rd
To: Prior Lake City Council
FAX NO.
61244135532
Feb. 24 2131313 131:46PM P3
14 December 1998
Subj: Gymnastics Center Hours ofOpcrntion
The Prior Lake American, 12 December issue, sLated Gleuson's Gymna.stics is
seeking an allowance for operations from 2:00 p.m. to 5:00 p.m. This is during norma]
working hours for the businesses located at 1700 J Fish Poi nt Road and would interfere
with normal operations.
The amendment the city council recently passed on this mntter specii"icaIJy
requires one pal'k..ing space per 300 square feet of space utilized for ,brymnastics, separate
from any other normal use. There are sufficient spaces at 1700] to slIpportthjs, but thcy
should be marked as such. Spaces directly adjoining the otlices of other tenants should
not be considered for this use. .
Furthermore, th~rc is inadequate sound insulation to make it practical to conduct
normal business during gymnastics hours. Currently, when the gymnastics studio is in
operation the children can be heard quite easily in a.djoining spaces. 1t would be
unreasonable to expect there to be silence in a gymnastics studio, just as it is
unreasonable to expect businesses to conduct telephone conversations with the children
in the background. Additionally, suite '103 conducts surface mount board repairs
periodically. This work is extraordinarily tedious and precise requiring lhe complete
attentions of the technician. As the gymnastics studio is direcLly adjoining the work area,
evening work of t.his nature has been ceased.
It is understood that the landlord needed to rent the space the gymnastics studkl
occupies, just as the studio needed a space to occupy. llowcvcr, t.he area is still an
indllst~ial complex with customers, vendors, delivery, and ~hipping trucks, Please,
consider not only the rights of the other tenants, but also thc safety of the children
attending this studio.
,.
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FROM : T~mac Limited
FAX NO.
61244135532
Feb. 24 2131313 131:47PM P4
From: Tenants 17001 Fish Point Rd
To: Prior Lake City Council
14 December 1998
Subj: Gymnastics Center Hours of Operation
The Prior Lake American, 12 December issue, stated Gleason's Gymnastics is
seeking an allowance for operations from 2:00 p.m. to 5:00 p.m. This is during normal
working hours tor the businesses located at 17001. Fish Point Road and would interfere
with normal operations.
The amendment the city council recently passed on this matter specifically
requires one parking space per 300 square feet of space utilized for !u'nll1astics, separate
from any other normal use. There are sufficient spaces at 17001 to support this, but they
should be marked as such. Spaces directly adjoining the oilices of other tenants should
not be considered for this use.
FUlthermore, there is inadequate sound insulation to make it practicaJ to conduct
normal business during gymnastics hours. Currently, when the gymnastics studio is in
operation the children can be heard quite easily in adjoining spaces. It would be
unreasonable to expect there to be silence in a gymnastics studio, just as it is
unreasonable to expect businesses to conduct telephone conversations with the children
in the background. Additionally, suite 10J conducts surface moullt board repairs
periodically. This work is ex.traordinarily tedious and precise requiring the complete
attentions of the technician. As the gymnastics studio is directly adjoining the work area,
evening work of this nature has been ceased.
It is understood that the landlord needed to rent the space the gymna~tic.;s studio
occupies, ju!>1: as the studio needed a space to occupy. However, the area i~ still an
industrial complex: with customers, vendors, delivery, and shipping trucks. Please,
consider not only the rights oftheothc.r tenants~ but also the safety of the children
attending this studio.
"f~ Qt7~
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5~rrE #/LJ#-
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FilE COpy
February 23, 2000
Larry Gleason
Gleason Gymnastic School
2015 Silver Bell Road
Eagan, MN 55122
RE: City Council Review of Approved Conditional Use Permit Resolution
Dear Mr. Gleason:
On February 22, 2000, the City Council reviewed the approved conditional use permit
for the operation of a gymnastic school at 17001 Fish Point Road. The Council deferred
action on this review until March 6, 2000, in order to allow you time to erect the required
parking signs.
The Council will consider this review again on March 6, 2000. Please provide
information on when the required signs will be in place. We would appreciate receiving
this information no later than Monday, February 28,2000.
Thank you for your prompt attention to this matter. If you have any questions about this
matter, please contact me at 447-4230.
Sincerely, 1/ .
~Q.~
Uane Kansier
Planning Coordinator
16200 E~~~~\~V~~\~:~<Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FilE COpy
February 17, 2000
Larry Gleason
Gleason Gymnastic School
2015 Silver Bell Road
Eagan, MN 55122
RE: Agenda and Agenda Report
Dear Mr. Gleason:
Attached is a City Council Agenda and Agenda Report for the February 22, 2000,
meeting. If you have any questions, please contact me at the Planning Department at
612-447-9810.
Sincerely,
~o.K~
UJane Kansier, AICP
Planning Coordinator
Enclosure
16200 Ea'gp~I~~~f('~%~~1~}!~~fl~JtcLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~9,f47-4245
AN EQUAL OPPORTUNITY EMPLOYER
February 16, 2000
FEB 2 3 tml
~ \ \;!
idJ
Jane Kansier
Planning Coordinator
Prior Lake
16200 Eagle Creek Ave. S.E.
Prior Lake, MN. 55372-1714
Dear Ms. Kansier:
Here is the information requested. Please contact me immediately at 651-485-0455 if additional
information is needed or requested.
Gleason's Gymnastics School of Prior Lake has been conducting classes for the past year for
boys and girls between the ages 3-12 years old. Classes are held Monday through Friday
evenings between the hours of 5:00 and 9:00 PM and on Saturdays between the hours of 9:00
AM and 3:00 PM. Two to three classes are held at a time with a maximum of eight children per
class.
Although we received approval in January 1999 for school sanctioned activities to be held at our
school between the hours of 2:00-5:00 PM, the Prior Lake Girl's Gymnastics Team decided to
use our Eagan facility instead because of size. Consequently, we have not had any activities at
the Prior Lake facility before 5:00 PM except on Saturdays.
As required by the CUP, we have not conducted any meets or competitions at our Prior Lake
facility.
We have had some problems with parking signs we have put up being knocked down or taken
down. As of the writing of this letter I have ordered new permanent metal signs and will install
them as soon as possible.
Gleason's Prior Lake Gymnastics School is presently providing classes to many Prior Lake
families and our Eagan facility has provided the Prior Lake Girl's Gymnastics Team with a quality
training site during their season. Our plans in the coming year are to find or build a larger space in
Prior Lake in order to continue to grow and to enhance that service.
Thank you for your considerations.
~eIY.~
La~on
GI~~a~ymnastics School
02/16/2000 16:40 4569178
LARRY GLEASON
PAGE 01
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NO'/8I+1bir 1 Q, 1998
f,t;~ q, (}-ODD
Larry Gleason
17001 Fish Point Road
Prior Lake, MN 55372
RE: City Council Review of Approved Conditional Use Permit Resolution
Dear Mr. Gleason:
On January 4, 1999, the City Council approved a conditional use permit for the
operation of a gymnastic school at 17001 Fish Point Road. Resolution #99-01
approving the use (see attached) listed the conditions of approval of this permit. One of
the conditions required 12 parking spaces be reserved for this use. These spaces were
to be signed for the use by patrons of the school during the designated hours. There
were temporary signs in place when the school opened. These signs have since been
removed, and permanent signs have not been installed as required. This is a violation
of the permit and must be corrected immediately.
The approving resolution also required City Council review of the Conditional Use Permit
one year following the date of approval. This review is to include a detail of activities
occurring with the use. This detail should include information such as the number of
students, the number of classes, and the number and type of school sanctioned
activities occurring at the site.
The Council will review the conditional use permit on February 22, 2000. In order to
provide the Council with the requested information, please submit a detail of the
gymnastic school activities over the last year. We would appreciate receiving this
information no later than Monday, February 14, 2000.
Thank you for your prompt attention to this matter. If you have any questions about this
matter, please contact me at 447-4230.
Sincerely, ~ .
~(J~
()Jane Kansier
Planning Coordinator
Enclosure
16200 E~R\~v~\~~fl;~CPrior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-.
,
..
. .
...".
RESOLUTION 99-01
APPROVING Al~ AJ."\1ENDMENT TO THE CONDmONAL USE PERlmT TO CONDUCT A
GYMNASTIC SCHOOL AT 17001 FISH POINT ROAD ON PROPERTY LOCATED IN'THE B-P
BUSIN'ESS PARK ZONIN'G DISTRICT FOR GLEASON'S GThINASTIC SCHOOL
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
KEDROWSKI
SCHENCK
SECOND BY:
the Prior Lake Planning Commission conducted a public hearing on
December 15, 1998 to consider an application from Larry Gleason d.b.a.
Gleason's Gymnastic School for an amendment to the Conditional Use
Permit (CUP) to allow the operation of a gymnastic school in the Business
Park (BP) District; and the City Council heard the case on September 21,
1998; and
the proposed amendment will change the permitted hours of operation to be
extended to 2:00 PM to 11 :00 PM on Mondays through Fridays; and
notice of the public hearing on said CUP has been duly published in
accordance with the applicable Prior Lake Ordinances; and
the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the amendment to the CUP; and
the City Council considered this amendment on January 4, 1999; and
the Planning Commission and City Council find the CUP of Gleason's
Gymnastics School in harmony with both existing and proposed development
in the area surrounding the project; and
the Planning Commission and City Council find the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance as
they relate to conditionally. permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNcn.. OF PRIOR LAKE:
that it approves the CUP for Gleason's Gymnastic School for property located at:
17001 Fish Point, legally described as That part of Lot 1, Block 2, WATERFRONT
PASSAGE ADDITION, Scott County, Minnesota described as follows:
Beginning at the northwest corner of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block
2, a distance of 147.00 feet; thence along a tangential curve concave to the west, having
l;\98fiJ.,~\28clll1\98.:.l63\rs990 1 cc.do~ . P~e 1
Ib~Uu t.agle creek Ave. ::'..t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / t"ax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
,.;'. ,
a radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc
length of 26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not tangent to
said curve) a distance of 195.73 feet; thence SQuth 85 degrees 59 minutes 04 seconds
East a distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 184.60 feet to the intersection with the easterly extension of the north line of
said Lot 2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West
along said easterly extension and the north line of said Lot 2, Block 2, a distance of
410.52 feet to the point of beginning.
Subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday through Friday and 7:00 AM to 11:00 PM ofi-
Saturday and Sunday. The hours of operation may be extended to 2:00 PM to 11 :00 PM for sanctioned
school sponsored activities. These activities are limited to practices only. No meets or competitions
may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for use by the patrons
of the school during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the noise abatement must occur prior to any activity .
is allowed between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one year from the date of approval by the City Council. Such review is to
include a detail of activities or problems occmring with the use. The review may result in additional
conditions being placed on the Conditional Use Permit
7. The applicant has until one year from the date of adoption of the resolution by the City Council to record
the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been submitted to the City.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Gleason's
Gymnastic School. The contents of Planning Case File #98-163 are hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this 4th day of January, 1999.
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X
X
X
X
X
NO
{Seal}
Mader
Kedrowski
Petersen
Schenck
Wuellner
1:\98tiles\98cup\98-163\rs990 1 cc.doc
Page 2
CITY OF PRIOR LAKE
INSPECTION NOTICE
DATE
TIME
ADDRESS
2.;6
176fJ LF~ b4r- ~J..t\ \J.{IJ.
SCHEDULED
3 PAA.
OWNER
CONTR.
PHONE NO.
PERMIT NO.
o FOOTING
o FOUNDATION
o FRAMING
o INSULATION
o FINAL
o SITE INSPECTION
o PLUMBING RI
o MECH RI
o WATER HOOKUP
o SEWER HOOKUP
o PLUMBING FINAL
o MECH FINAL
o EXIGRAD/FILLlNG
o COMPLAINT
o FIREPLACE RI
o FIREPLACE FINAL
o GASLINE AIR TST
o
\
-
o WORK SATISFACTORY, PROCEED
o CORRECT ACTION AND PROCEED
:.::ECT 70R REINS::::~:'FOREiZNG
CALL 447-9850 FOR THE NEXT INSPECTION 24 HOURS IN ADVANCE.
CODE REQUIREMENTS ARE FOR YOUR PERSONAL HEALTH & SAFETY!
INSNOTl
City of Prior Lake c/o of Planning department.
Dy~@mO\Y1m ~
a22_
\ ~
RE: Gleason Gymnastics building,
Noise abatement & signage
.1
To accomodate the MacPhersons in suite 103 the fonowing was done.
I" styrofoam was put up on wall then covered with 112" sheetrock with all joints taped and plastered as per
reccomendations from the building department.
Signs were put up outside to accomodate for parking.
After installation I spoke with Mr. MacPherson on the matter. He thanked me very kindly for udertaking this issue
and is very pleased with the out come. He commented that he was even able to resume work he used to do in the
evenings. Suite 103 also has its own signs now to ensure there personal parking spots 24 hours a day.
Work completed 11:45 pm 1/16199
Submitted by Chuck Rutz 15691 Santee Circle S.E. Prior Lake, Mn 55372 Phone 612-447-2222 on behalf of
Gleason gymnastics.
"'~.
NOV 23 '98 14:48 FROM 0000000000000000000
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FilE COpy
November 19, 1998
Larry Gleason
17001 Fish Point Road
Prior Lake, MN 55372
RE: Recording of Approved Conditional Use Permit Resolution
Dear Mr. Gleason:
Enclosed are two certified copies of Resolution 99-01 approving the amendment to the
conditional use permit for the Gleason's Gymnastic School. Also enclosed is a copy of this
resolution for your files. A certified copy of the resolution must be recorded at the Scott
County Recorder's office prior to a Certificate of Occupancy being approved. The second
certified copy must be stamped as recorded by the recorders office and returned to the
Planning Department as proof of recording. If you prefer, you can record the resolution prior
to the issuance of the building permit. Approval of the resolution and the conditional use
permit is good for one year following the date of approval. Failure to complete the
improvements within this time period will also render the approvals null and void.
As you know, approval of this amendment was subject to several conditions, including the
installation of noise mitigation measures, and the installation of parking signs for the
gymnastic school. These items must be installed before the change in hours of operation
may take place. Prior to the installation of the noise abatement measures, please contact
Bob Hutchins, Building Official, to determine if a building permit is required for this alteration.
Once all of the improvements have been completed, please contact this office for an
inspection and a certificate of occupancy.
Thank you for your attention to this matter. If you have any questions about this matter,
please contact me at 447-4230.
Sincerely,
~sq.~
Planning Coordinator
Enclosure
cc: Dave Hanson
Bev and Chuck Rutz
.J;\98filelil98culjl\9a-163\recd1eldol:
16200 cagle CreeK Ave. ~.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. .._....~.._ ,~.-"'.,.'j~L'......,.>".' .....-"...,.
.~
Case #98-163
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION 99-01 APPROVING AN AMENDMENT TO THE CONDITIONAL
USE PERMIT TO CONDUCT A GYMNASTIC SCHOOL AT 17001 FISH POINT
ROAD ON PROPERTY LOCATED IN THE B-P (BUSINESS PARK) ZONING
DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
on file in the office of the City Planner, City of Prior Lake.
Dated this 11th day of January, 1999.
(City Seal)
1;1deptworIc\lruec:opy.doc
. .
..."
RESOLUTION 99-01
APPROVING AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO CONDUCT A
GYMNASTIC SCHOOL AT 17001 FISH POINT ROAD ON PROPERTY LOCATED IN THE B-P
BUSINESS PARK ZONING DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
KEDROWSKI
SECOND BY:
SCHENCK
the Prior Lake Planning Commission conducted a public hearing on
December 15, 1998 to consider an application from Larry Gleason d.b.a.
Gleason's Gymnastic School for an amendment to the Conditional Use
Permit (CUP) to allow the operation of a gymnastic school in the Business
Park (BP) District; and the City Council heard the case on September 21,
1998; and
the proposed amendment will change the permitted hours of operation to be
extended to 2:00 PM to 11:00 PM on Mondays through Fridays; and
notice of the public hearing on said CUP has been duly published m
accordance with the applicable Prior Lake Ordinances; and
the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the amendment to the CUP; and
the City Council considered this amendment on January 4, 1999; and
the Planning Commission and City Council [md the CUP of Gleason's
Gymnastics School in harmony with both existing and proposed development
in the area surrounding the project; and
the Planning Commission and City Council [md the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance as
they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it approves the CUP for Gleason's Gymnastic School for property located at:
17001 Fish Point, legally described as That part of Lot 1, Block 2, WATERFRONT
PASSAGE ADDITION, Scott County, Minnesota described as follows:
Beginning at the northwest comer of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block
2, a distance of 147.00 feet; thence along a tangential curve concave to the west, having
1:\98fU~\28c~\9lbJ 63\1'5990 1 cc.do~ P$l,ge 1
Ib~UU t.agle Creek Ave. ~.t:.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / t'ax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
"
a radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc
length of 26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not tangent to
said curve) a distance of 195.73 feet; thence SQuth 85 degrees 59 minutes 04 seconds
East a distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 184.60 feet to the intersection with the easterly extension of the north line of
said Lot 2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West
along said easterly extension and the north line of said Lot 2, Block 2, a distance of
410.52 feet to the point of beginning.
Subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday through Friday and 7:00 AM to 11:00 PM ofi~
Saturday and Sunday. The hours of operation may be extended to 2:00 PM to 11:00 PM for sanctioned
school sponsored activities. These activities are limited to practices only. No meets or competitions
may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for use by the patrons
of the school during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the noise abatement must occur prior to any activity .
is allowed between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one year from the date of approval by the City Council. Such review is to
include a detail of activities or problems occurring with the use. The review may result in additional
conditions being placed on the Conditional Use Permit.
7. The applicant has until one year from the date of adoption of the resolution by the City Council to record
the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issueduntil proof of recording of the resolution has been submitted to the City~
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Gleason's
Gymnastic School. The contents of Planning Case File #98-163 are hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this 4th day of January, 1999.
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X
X
X
X
X
NO
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
1:\98files\98cup\98-163\rs990 1 cc.doc
Page 2
City of Prior Lake c/o ofPJanning department.
f[j}rn@mO\Ylrn ~
JtI4 2 2 IRJ
\.
RE: Gleason Gymnastics building,
Noise abatement & signage
To accomodate the MacPhersons in suite 103 the following was done.
1" styrofoam was put up on wall then covered with 1/2" sheetrock with all joints taped and plastered as per
reccomendations from the building department.
Signs were put up outside to accomodate for parking.
After installation I spoke with Mr. MacPherson on the matter. He thanked me very kindly for udertaking this issue
and is very pleased with the out come. He commented that he was even able to resume work he used to do in the
evenings. Suite 103 alSo has its own signs now to ensure there personal parking spots 24 hours a day.
Work completed 11:45 pm 1/16199
Submitted by Chuck Rutz 15691 Santee Circle S.E. Prior Lake, Mn 55372 Phone 612-447-2222 on behalf of
Gleason gymnasties.
".
May 19, 1999
via Certified Mail
Dave Hansen
8140 Flying Cloud Drive
Eden Prairie, MN 55344
Gleason's Gymnastics
Attn.: Larry Gleason
4151 Beaver Dam Road
Eagan,MN 55122
Gleason's Gymnastics
17001 Fish Point Road
Prior Lake, MN 55372
RE: 17001 Fish Point Road, Conditional Use Permit Violation
Dear Dave and Larry,
On January 4, 1999 the City Council adopted Resolution 99-01 Amending a Conditional Use
Permit to Conduct "Gymnastics School". The amendment included a condition that signage for
12 dedicated parking spaces be installed. The signs were placed in snow banks in the winter to be
in compliance with the resolution. Now that spring is here, the signs are not in place and are
either on the ground or loosely placed against the building.
You are now in violation of your conditional use permit. Please correct the violation within 10
business days (by June 3, 1999). If you disagree with this notice of non-compliance, you can
appeal the proposed violation and revocation of the Conditional Use Permit to the City Council.
Failure to correct the problem or appeal the proposed Conditional Use Permit revocation by June
3, 1999 will result in an immediate termination of the Conditional Use Permit.
Your immediate attention to this matter is appreciated. We feel this is an issue that can be
resolved without further action on our part and are willing to assist you as much as we can.
Please call me if you have any questions.
Qi. cerely, ~I'
. )}i,1/" v(}t/C!A,)
nni Tovar
Planner
C: Frank Boyles, City Manager
Enclosures:
Resolution 99-01
Ordinance 1108-211 CUP Revocation and Cancellation
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
\\FS 1 \SYS\DEPT\PLANNING\98FILES\98Cl}f~'fcMALV~~NITY EMPLOYER
1108.209
1108.210
1108.211
U.l.r.JUJ"\,,rt..,J.
r
0;,
Assent Form. No Conditional Use Permit with imposed conditions is valid
until the applicant has signed an assent form and the .approved exhibits which
acknowledge the terms and conditions under which the Conditional Use
Permit is granted and agrees to observe them.
Filin~. The resolution approving a Conditional Use Permit, or modification
of a Conditional Use Permit shall include the legal description of the property
for which the Permit was issued and a list of any conditions set forth by the
City Council as part of the approval of the Conditional Use Permit. A
certified copy of the resolution shall be filed with the Scott County Recorder.
Revocation and Cancellation of Conditional Use Permits. A Conditional
Use Permit may be revoked and canceled if the Zoning Administrator
determines that the holder of an existing Conditional Use Permit has violated
any of the conditions or requirements imposed as a condition to approval of
the Conditional Use Permit, or has violated any other applicable laws,
ordinances, or enforceable regulations. The following procedure shall apply
to revocations and cancellations:
(1)
The Zoning Administrator shall notify the holder in writing of the violation.
The notice shall be given in person or by certified mail, addressed to the
applicant at the address stated on the original application. Notice shall also be
o
May 1, 1999
City of Prior Lake
l108/p6
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(3)
1108.212
Zoning Ordinance
served upon the occupant(s) of the premises for which the Conditional Use
Permit was issued or, if no occupant can be found, notice shall be posted in a
conspicuous place upon such premises. Service shall be effective on the date
of mailing, personal service or posting.
(2)
The notice shall state that, unless appealed, after the expiration of 10 days
from the date of service, the Conditional Use Permit is terminated without
further action or proceeding.
The holder of the Conditional Use Permit may appeal the notice of violation
to the Board of Adjustment. The fee to appeal such notice shall be the same
as the application fee for a Conditional Use Permit application and the holder
shall be subject to reimbursement for City costs pursuant to subsection
1109.902.
After One Year. No Construction Required. All Conditional Use Permits
shall be revoked and canceled if one year has elapsed trom the date of the
adoption of the resolution granting the Conditional Use Permit and the holder
-.... - .... .. -.. - .... ... _... ... .. ..... .. ro .'1
4
I,
-,
RESOLUTION 99-01
APPROVING AN AMENDMENT TO THE CONDmONAL USE PERMIT TO CONDUCT A
GYMNASTIC SCHOOL AT 17001 FISH POINT ROAD ON PROPERTY LOCATED IN THE B-P
BUSINESS PARK ZONING DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
MOTION BY:
"WHEREAS,
"WHEREAS,
"WHEREAS,
"WHEREAS,
'WHEREAS,
'WHEREAS,
WHEREAS,
KEDROWSKI
SECOND BY:
SCHENCK
the Prior Lake Planning Commission conducted a public hearing on
December 15, 1998 to consider an application from Larry Gleason d.b.a.
Gleason's Gymnastic School for an amendment to the Conditional Use
Permit (CUP) to allow the operation of a gymnastic school in the Business
Park (BP) District; and the City Council heard the case on September 21,
1998; and
the proposed amendment will change the permitted hours of operation to be
extended to 2:00 PM to 11 :00 PM on Mondays through Fridays; and
notice of the public hearing on said CUP has been duly published in
accordance with the applicable Prior Lake Ordinances; and
the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the amendment to the CUP; and
the City Council considered this amendment on January 4, 1999; and
the Planning Commission and City Council find the CUP of Gleason's
Gymnastics School in harmony with both existing and proposed development
in the area surrounding the project; and
the Planning Commission and City Council find the proposed _CUP is
compatIble with the'stated purposes and intent of the Zoning Ordinance as
they relate to conditionally. permitted uses, and further, that the proposed
. CUP meets the criteria for approval of CUP as contained in Section 7:..5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it approves the CUP for Gleason's Gymnastic School for property located at:
17001 Fish Point, legally descnbed as That part of Lot 1, Block 2, WATERFRONT
PASSAGE ADDmON, Scott County, Minnesota descnbed as follows:
Beginning at the northwest corner of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block
2, a distance of 147.00 feet; thence along a tangential curve concave to the west, having
1;\98fUQi\28~\9S:l63\rs9901cc.d~.. . Page 1
Ib~UU t.agle Creek Ave. ~.1:.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / tax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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a radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc
length of26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not tangent to
said curve) a distance of 195.73 feet; thence SQuth 85 degrees 59 minutes 04 seconds
East a distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 184.60 feet to the intersection with the easterly extension of the north line of
said Lot 2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West
along said easterly extension and the north line of said Lot 2, Block 2, a distance of
410.52 feet to the point of beginning.
Subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5 :00 PM to 11 :00 PM on Monday through Friday and 7:00 AM to 11 :00 PM on-
Saturday and Sunday. The hours of operation may be extended to 2:00 PM to 11 :00 PM for sanctioned
school sponsored activities. These activities are limited to practices only. No meets or competitions
may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for use by the patrons
of the school during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the noise abatement must occur prior to any activity ,
is allowed between the hours of 2:00 PM and 5 :00 PM.
6. This CUP is to be reviewed one year from the date of approval by the City Council. Such review is to
include a detail of activities or problems occurring with the use. The review may result in additional
conditions being placed on the Conditional Use Permit
7. The applicant has until one year from the date of adoption of the resolution by the City Council to record
the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued.until proof of recording of the resolution has been submitted to the City~.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Gleason's
Gymnastic School. The contents of Planning Case File #98-163 are hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this 4th day of January, 1999.
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X
X
X
X
X
NO
{Seal}
Mader
Kedrowski
Petersen
Schenck
Wuellner
1:\98filcs\98cup\98-163\rs990 1 cc.doc
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Miscellaneous
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p,~~!vty Ia:ntiL~.I;on ~o. '~S- ;1ql,"!h~~
City of Prier Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. I. Prior Lake,. Minnesota 55372.1714 ! Phone (612) 447-42g0, Fax (612) 447-424~
Typ. o( AppU~atton; I Brief de~crjptlon of proposed project (attachad~itional
.D Rezoning, from (pres~nt zQnin~) sheeta/nant\tjvIIlf detired) . .
tQ... 1 (prtlp()sedZOlllOi) CLrnt.ru~:L ~1'l~ u..J.J. )~~
o Amendment to City Code, Compo Plan or City Ordinance a I f~ S~~ilt71 ~ ~tJOl, ,
o Subdivision of Land k t1f'~ ~ t):t, J1-.~, ~1j ,~,~
o Adminimtive Subdivision I ~ff) 5: tJO l..~ . t6 v~ fl'"hMe~
I!CQ~4~ti~n!llPs~0,r,~~~~" ~ I/rltJrr~~ sJ41h ~ 'j>>fnolJ.rj,
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AppUcant(I): " 'L.4.V"V:; G /~tl..
Addreaa: r i(/,fV~.~-_J1;-4il~__~.~~ t? oa.cf' ~
Home Phone:~~/ -'l.~r:-- ~ 2 0 ~ \Vork Phone:_r$'lI- ,=,.z.a.3 E?411.
....:~..:....
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Property Owner(s) [Ifdiffertut from Applicants}:_
Address:
Hom"Ph~eL. T ._ WorkPbone: '?J!t- tJ/.3<j ~",J~
Type of Ownership: fee _ Contract for Deed _ Purchase~eement----.;.
D"1l e.
~;t.~~,b.
1 ---,-
To tbebest of my kno dgc tb~ lalOl'lbaUo pr()\'ld.d-.ln.thl$ .{)plication and other material submitted is correct. Xu
addition, I have read the rel~val:lt a.criods of the Prior Lake Ordlnauce and procedural guidelines, and understand that
oppr ation$ will not be processed until deemed complete by the Plinnina Director or ..,llue.
, -- -!i-/L:s 1911--,0, "--'. ......,.
Date
11/9/?P, ,
O.to'. ~?:I-d/~~ -v-
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1lDS SPAC~ TOlE FILLED IN BY THE PLANNING DIRECTOR OR 1;)ESIGNEE
PLANNING COMMISSION
CITY COUNCIL -
APPROVED
APPR.OVED
OENrED
_DENIED _
OA IE OF HSAAlNO
DATE Or H.EAlUNO
CONDrTIONS:
5i .run ~f PIWlioJ pi1ec;toror O.,iiDCC
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Date
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CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, (612) 447-4245
RECEIPT# 33741
DATE: ,~ 113JqB
I' ,
fUJ/OrJ
- dOllars
o nv ;lfl '1-1 (J /1' f-
$ .'!f1J0t
BUILDING PERMIT #
BUILDING PERMIT #
Building Permit Fee
Plan Check Fee
State Surcharge
Plmb Pmt pp#
Mech Pm! mc#
'(Heating only'- $65.00)
(Htg'& Air - $100.00)
(Fireplace - $40.00)
(Air - $40.00)
Swr/Wtr Pmt sw #
Other
Building Permit Fee
Plan Check Fee
State Surcharge
Park Support Fee
SAC
Plmb Pmt pp#
Mech Pmt mc#
Mech Pmt mc#
Swr/Wtr Pmt sw#
Pressure Reducer
Water Meter
Tree Preservation Deposit
Swr/Wtr Connection Fee
Water Tower Fee
Builder's Deposit
Other
Total
1,200.00
700.00
1,500.00
Total
\
\
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Tuesdav. December 15.1998. at 6:30 p.m. or as soon thereafter as
possible.
APPLICANT:
Gleason's Gymnastics School
SUBJECT SITE:
17001 Fish Point Road
This property is located in Waterfront Passage Business Park located at
the intersection of Eagle Creek Avenue (C.R. 21 and Fish Point Road).
LEGAL
DESCRIPTION:
That part of Lot 1, Block 2, WATERFRONT PASSAGE ADDITION, Scott
County, Minnesota described as follows:
Beginning at the northwest corner of Lot 2, Block 2, of said plat; thence
North 00 degrees 10 minutes 44 seconds East plat bearing along the west
line of said Lot 1, Block 2, a distance of 147.00 feet; thence along a
tangential curve concave to the west, having a radius of 526.00 feet, a
central angle of 02 degrees 50 minutes 26 seconds, an arc length of
26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not
tangent to said curve) a distance of 195.73 feet; thence South 85 degrees
59 minutes 04 seconds East a distance of 217.67 feet; thence South 00
degrees 10 minutes 44 seconds West a distance of 184.60 feet to the
intersection with the easterly extension of the north line of said Lot 2,
Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds
West along said easterly extension and the north line of said Lot 2, Block
2, a distance of 410.52 feet to the point of beginning.
REQUEST:
The applicant is requesting an amendment to the approved Conditional
Use Permit for a gymnastics school. This amendment will extend the
hours of operation for the gymnastic school.
If you are interested in this issue, you should attend this hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.m.
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON DECEMBER 5,1998.
.J:\9Bfites\98cup\98-152\9B152Qn.doc
16200 cagle Creek Ave. S.c., Prior'Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
(~ ~ of the City 1: Prior Lake,
Minnesota, being duly sworn, says on the . 51' day of
the attached . st 0 pons to hav an interest in the
by mailing to them a copy thereof,
nc10se m an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed ahd sworn to be this
day of , 1998.
NOTARY PUBLIC
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