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HomeMy WebLinkAbout8A - Gleason's Gymnastics CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: FEBRUARY 22, 2000 8A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR AGENDA ITEM: 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) DISCUSSION: 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 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 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 162~M>~9f~~~a8lWJ:~~e:i,eY'fl8r Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .".--['1 r i 1:\98fi1es\98cup\98-163\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 of the 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 of the 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 ofthe businesses in the building. The operator of Barc Industries 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 of the 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 ofthe 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' of the site. 2 Conclusion: The only apparent violation of the conditional use permit is the lack of signs designating the gymnastic school parking spaces. The staff has notified the original applicant of this violation. There is no fiscal impact as a result of this report. The Council has the following alternatives: 1. Take no ~ction 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. If the 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. 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 of the CUP subject to the staff assurances that the outstanding items are received within 30 days. RECOMMENDED MOTION: 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. REVIEWED BY: 1:\98fi1es\98cup\98-163\ccreview.doc 3 T" i 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 violateq 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 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. (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 shall be revoked and canceled after 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 the work,tmless 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: May 1, 1999 Ory of Prior lAke l108/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 has 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 in a 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) if all r (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 Extension 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. City of Prior Lake May I, 1999 l108/p7 02/16/2000 16:40 4569178 LARRY GLEASON PAGE 02- February 16, 2000 Jana Ks~Blar Planning! Coordinator Prior La" 18200 e,gl. Creek Ave, :S.E. Prior Lalcle, MN. 55372-1714 Oaer Ms.: Kensier: Hnre is t~e information requested. Please contact me immediately at 651-485-0455 If additional In10rmati~m Is needed or roquested. I G'eason'. Gymnastics School of Prior Lake has been conducting classes for the past year for tx'ys and girls between th~1 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 At' Bnd ~:OO PM, Two to tl,re. classes are held at a time with a maximum of eight children per class. - AI1hough1we received approval in January 1999 for sc:hool 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!J our Eagan facility Instoad because of size. Consequently, we have not had any activities at th(1 Prior lake facility befOl'e 5:00PM except on Saturday.. k raquir.l:td by the CUr, we have not conducted ~ny meets or competitions at our Prior lake facility. . W ~ heve 'had some problems with parking signs we have put up being knocked down or taken de Nn, As of the writing of this lefter I halle ordered new pennanent metal signs and will install th€rm 8' soon 8S possible. i GI~ason'h Prior Lake Gym;'8stlcs School is presently providing classes to many Prior lake far,iIIes end our Eagan facility has provided the Prior Lake Girl'. Gymnastics Team with a quality trcining sIte during their sesson. Our plans In the coming year are to find or build a larger space in Pr;or Leki! in order to continue to grow and to enhance that service. Thank yoL for your consldorations. Z.~~ lB~on GI~~ymnaslics School ~~:'-;\~-/?-\':":~ ", . ra~r2I\", o. F~;\0\