HomeMy WebLinkAbout12 03 2012 agenda packet, Approval ofAgenda:
. Consider Approval of November 19, 2012 Meeting Minutes:
4. Public Hearings:
A. #EP 12-126 Honest 1 Auto C. P. and Variance. . Honest 1 Auto Caro is requesting a Conditional Use
Permit to allow a Motor Vehicle Repair Service in the C-2 (General Business) zoning district, along with a
Variance from the minimum side yard setback for a parking lot and from the minimum lot size in the C-2
(General Business) Zoning District.
. old Business:
None
New Business:
K 2012 Annual Planning Commission Report
ort
7, Announcements and Correspondence:
A. Recent City Councildiscussions/decisions.
8. Adjournment:
LA]2 FILE \12 PLANNING COMMISS IONIAI2 A E DA I1l912 AgendaAoc
Phone 952.447.9800 F -fa 952.447.4245 7 NNimity riorla . om
PRIOR LITE PLANNING COMMISSION IN TES
MONDAY, November 19,2012
1, Call to order:
Chairman Phelan called the November r , 2012 Planning Commission meeting to order at
6:00 p.m. Those present were Commissioners Blahnik, ,Rfi6lan} Roszak, Hite and Spieler,
Community and Economic Development Director Dan 1 'ess, and City Planner Jeff Matzke
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MEETING AGENDA AS PRESENTED.
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VOTE: Ayes, Elahni Hite, Spieler, os ak an l PheIan..:p hi Motion � 1.
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.; � ; i fines Frien i}}rF. rdin" a Are ts. Cit staff is re om endin ordinance
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amendmer' "to_ the Se do&,1?'.P�Q '1 ! 1 � '}o-' Land Use Descriptions), Section 1102.1400
General Indu t} j --.- Jse Distri x}}};}send � � 1107.2200(Architectural Design) of the Prior Labe
Zoningrdinan ;rhes prop" aha ges. were initiated by the city's Economic
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Development Advi !"0MMitt � s EDAM they will also revie rod the Economic
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Development Authorit}'_DA*
CommunityDever erg ��: p- - b" i list Casey [McCabe resented background on the
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ordinance amendments. The- EDA and EDAC have held numerous discussions on hove to
make Prig Lake more business friendly and address ordinances that are too restrictive. City
staff considered recommendations from various groups and analyzed neighboring community
ordinances.
Commissioner Questions:
Blahnik asked about standards applying to the text when using the word f{or"; does that imply
that only one needs to be net?
Specialist McCabe responded yes that only one needs to be met.
MOTION N SPIELER, SECONDED BY PHELAN TO OPEN THE PUBLIC HEARING AT :1
P
VOTE: Ayes, Spieler} Hite, I os ak, Phelan and Blahnik. The Motion carried.
No persons spoke at the public hearing.
MOTION N P ELAN, SECONDED BY HITE To CLOSE THE PUBLIC HEARING AT :1
PM
TE: Ayes, Spieler, elite, los ak, Phelan and Blahnik. The Motion carried.
Commissioner ner Comments:
Spieler stated his support for the ordinance amendments; this will make Prior Lake more
competitive.
F os ak stated his support; it is consistent with the 2030 Comprehensive Plan, and hopefully,
this will spur some development.
Mite stated her support for the amendments; this will make Prior Lake more completive with its
peer communities while honoring the quality and character of development in the city.
Blahnik stated his support for the amendments; there is a public desire to make these
changes, and they reflect the goals and objectives of the 2030 Comprehensive Plan.
Phelan asked what the reasoning is for changing the setback requirements related to outdoor
engine testing in se tion'l102.1402, which h is changing from ago to loo feet.
Specialist McCabe responded that it was changed to be more consistent with the rest of the
setback requirements.
Phelan asked about rotor vehicle service and repair. The language being removed states
that the use must not be located within loo feet of a Residential use district. Why is this being
removed' is it addressed somewhere else's
Planner Matzke responded that it is being changed to be more consistent with the 1-1 Use. In
the commercial districts, a motor vehicle repair service requires a CUP and does not have a
setback. In the 1-1 District, the use is listed under permitted with conditions and has a setback.
To keep it consistent, staff is suggesting to remove the setback requirement for the 1-1 District.
Phelan asked about the hours of operation; is that consistent with other surrounding
communities?
Planner Matzke responded yes, that these hogs are fairly consistent with surrounding
communities.
ON
Phelan asked about the hours of operation for the gun range, which appears to state that as
long as the door is closed, the gun range can operate 2417?
Specialist McCa be responded yes that is corrects it does include that no light or sound coning
from the building may be discernible at any property line adjacent to a Residential district.
Phelan stated he is concerned when people, for example, leave the range leave at 2 a.m. with
noise that may cause issue.
Specialist McCabe responded that staff can add that to the conditions to limit the hours of
operation.
Phelan clarified that the only changes being made in relation to setbacks are on uses that are
not abutting residential use districts?
Specialist McCabe responded that is correct.
Phelan stated his support, but he proposed two amendments. The motor vehicle service and
repair, item E, should reinstate either a CUP process or a minimum setback. in addition, the
gun range has hours of operation.
Spieler, Roszak, Hite and 131ahnik all agreed with Phelan, and supported that the setback
should be in place on the motor vehicle service and repair and hours of operation be placed on
the gun range.
Blahnik asked whether hours of operation for the gun range should be specified?
Phelan responded that he would ask staff to impose hours of operation. From what he
gathered, it loops like 10 p.. on weekdays and I I p.m. on weekends is fairly consistent.
Specialist McCabe responded that staff will conduct some research on the hours of operation.
That use also requires a CUP, so the commission would be able to impose additional
conditions as well.
larhnik asked about what to specifically amend for motor vehicle service and repair?
Phelan responded that he is recommending that item E remain, requiring a 100 foot setback
from a residential use district.
MOTION BY BLAHNIK, SECONDED BY SPIELED TO APPROVE E THE RECOMMENDED
ORDINANCE CHANGES WITH THE EXCEPTION of THE TWO STIPULATED
ADJUSTMENTS AS DISCUSSED.
VOTE: Ayes, Spieler, Roszak, Phelan and Blahnik. The Motion carried.
. old Business;
None
3
6. New Business:
A. #EP 12-12 F i rnann's Vacation. Brad Rixmann is requesting to vacate the existing
drainage and utility easements located within Lots 7 and 8 of Shady Beach Addition. A
realigned easement will he dedicated over the existing utilities (sanitary severer).
Planner Matzke presented the requested vacation of drainage and utility easements located
on property at 14291 shady Beach Trail. The property is located along the western shores of
Lower Prior Lake, east of Bayview Circle} north of Birchwood Avenue. As required by state
Statute 4602.356 suhd. , the Planning Commission is required to male a recommendation to
the City Council regarding the disposal or acquisition of public lands and easements as It
relates to compliance with the Comprehensive Plan. New drainage and utility easements will
he dedicated that are centered over the existing sanitary severer line.
Phelan asked whether this a house keeping iter, and what is the reasoning to move this
easement?
Planner Matzke responded that from the city's perspective, it is more of a housekeeping item.
Staff does like to have easements centered over utility lines as much as possible. For the
I i r ann property} the owners have deck plans that would extend to the newly adjusted
easement line. If not adjusted, the proposed deck would have to he changed or removed.
Blahnik stated his support for this request.
Hite asked when the new easement was dedicated?
Planner Matzke responded a couple of weeks ks ago.
Roszak asked whether the surer line continues onto the adjacent property and whether the
easements align?
Planner Matzke responded that it does continue on to the next properties} east and west, and
that they do not perfectly align; however, the change is minimal.
Spieler stated his support; it will benefit the city as well as the Rixr ann}s .
Phelan stated his support for the application.
MOTION Y BLAHNIK, SECONDED BY ROSZAK To RECOMMEND APPROVAL OF EP 12-
125, r I MA N'S DRAINING AND UTILITY VACATION.
OTE: Ayes, Spieler, I os ak, Hite, Phelan and Blahnik. The Motion carried.
7. Announcements and Correspondence:
A. recent City Council Discussions/Decisions.
Director l ogress presented certain items that related to the planning commission from the
November 13th City Council meeting
8. Adjournment:
MOTION BY PHELAN, SECONDED BY BLAHNIK TO ADJORN THE MEETING.
VOTE: Ares, Bl hnil , Hite, Roszak, Phelan, and Spieler. The Motion carried.
The meeting adjourned at 6;41 p.m.
The Planning Commission adjourned to a work session to discuss certain areas of Prior Lake
in relationship to the 2030 Comprehensive Plan.
Peter Aldritt, Community Development Assistant
MEETING DATE: DECEMBER EMBE , 2012
AGENDA : 4A
PREPARED Y: .JEFF MAT KE, PLANNER
PRESENTED BY: .JEFF MAT KE
PUBLIC HEARING: YES
AGENDA ITEM: PUBLIC HEARING To CONSIDER A CONDITIONAL USE PERMIT To AL-
LOW A
L -
LO ISA MOTOR VEHICLE SERVICE AND REPAIR LAND USE IN THE c -
(GENERAL BUSINESS ZONING DISTRICT AND REQUEST I EST FOR VA-
RIANCES FROM THE MINIMUM PARKING SETBACK REQUIREMENT EMENT AND
MINIMUM LOT AREA REQUIREMENT
UIISEIllENT
DISCUSSION: Introduction
Honest I Auto care has applied for a conditional use permit to allow a Motor
Vehicle Service and Repair Lard Use in the c-2 (General Business) Commer-
cial Zoning District. The site is located at 16683 Duluth Avenue, gest of State
Trunk Highway 13, and south of Anna Trail,
Current Circumstances
The following paragraphs outline the physical characteristics of the existing site,
the Comprehensive Platy and zoning designations, and a description of some of
the specifics of the proposed site.
PHYSICAL SITE CHARACTERISTICS:
Total site Area: The site is 0.5 acres.
Existing Conditions: The site is currently vacant with an extension of the
Prior Lake State Bank parking lot located on the eastern half.
Access: Access to the site is from Duluth Avenue through a joint access on
the Prior Lake State Bank site.
2030 C pre ern ive Plan Designation: This property is designated c -cc
for Community Retail Shopping on the 2030 Comprehensive Plan Land Use
Map.
Znin : The site area is zoned c-2 (General Business);
PROPOSED PLAN
The applicant plans to develop the currently vacant site into a Motor Vehicle
Repair Center. The center will include a 5}828 sq ft. one-story building with
interior service bars.
Setbacks: The building is proposed to meet all applicable setbacks including
30 foot front yard, 20 foot side yard, 30 foot rear yard, and 100 foot setback
from residentially -zoned properties. The proposed 38 parking stalls will met the
minimum number of parking required by ordinance 2 stalls).
Land ca lna /Scr enLandscaping is proposed throughout the site. Two
additional trees are required to meet the b fferyard requirement along the Du-
luth Avenue property line. Staff wound suggest these tress be of a coniferous
species to increase year-round screening along the property line. Screening in
the form of a fence or wall is proposed for the trash enclosure as well. The
screening of the enclosure will be required to meet minimum height of 6 feet In
accordance with city ordinance.
Pa The minimum number of parking required by ordinance is 32 stalls.
The applicant proposes 38 stalls.
Architectural Design: The exterior elevations of the proposed building will be
mainly constructed of effs and spec Brick materials along with glass windows
and glass/steel doors. The design materials will meet the architectural design
requirements of the city ordinance.
.and Use conditions: The required listed conditions for a Motor- Vehicle Ser-
vice and Repair Land Use as outlined in Section 1102.1103 are as follows:
a. No public address system shall be audible from any property
located in an T" Use District.
. All repair, assembly, disassembly and maintenance of vehicles
shall be inside a closed building except tire inflation, changing wipers or
adding oil.
C. Test driving shall be prohibited on any street in an "R" Use District.
d. Access shall be to a roadway identified in the Comprehensive Plan
as a collector or arterial or shall be otherwise located so that access can
be provided without generating significant traffic on local residential
streets.
e. The building housing the use shall be located a minimum of 100
feet from any lot in ars "R" Use District.
f, A bufferyard, as determined by Subsection 1 0 .2003, shall be
provided along any abutting an "R" Use District.
Variances: The proposed project requests two variances from the city Ordin-
ances.
r irn-
ance . The following variances are requested:
1. A 10 foot variance from the 10 foot minimum um paring setback require-
ment (Section 1102.1106 `I
2. A 0.15 acre variance from the `I.0 minimum lot area requirement Sec-
tion 1102.1106 1
ISSUES: CUP ANALYSIS
Section 1108.200 of the City Code sets forth the criteria for approval of a CUP.
(1) The use is consistent with and supportive of the goals and
policies of the Comprehensive flan*
Two of the objectives of the Comprehensive Plan are to
"determine and strive for a balance of commerce, industry and
population," and to "maintain high standards in the promotion and
development of commerce and industry. This proposal will be
consistent with the goals, objectives, and policies of the
Comprehensive Plan provided it complies with the conditions of
approval. Another objective of the Comprehensive Plan is to
"'enact and maintain policies arra ordinances to ensure the public
safety, health and welfare." The proposed Motor vehicle
Service and Repair Land Use would appear consistent with
these policies.
(2) The use will not have undue adverse impacts on the use
and enjoyment of properties in close proximity to the
conditional use.
Based on staff review, the proposed use will not be detrimental
to the health, safety, morals and general welfare of the
community. The conditions of the approving resolution are
intended to ensure ongoing protection of the community.
(3) The use is consistent with the intent and purpose of the
Zoning ordinance and the Use District in which the
Conditional Use is located.
Section 1102.1103 f the Zoning Ordinance allows a Motor
Vehicle Service and Repair Land Use within the C-2 Zoning
District. The conditions set forth in the Zoning Ordinance will be
met with the issuance of the Conditional Use permit.
(4) The use will not have undue adverse impacts on
governmental facilities, services, or improvements which
are either existing or proposed*
The use will not have adverse impacts on governmental facilities.
(5) The use will not have undue adverse impacts on the use
and enjoyment of properties in close proximity to the
conditional use.
The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity. The facility i
separated from adjacent residential properties by a collector
street (Duluth Avenue) and over 110feet of distance. In addition
the service doors of the facility do not face the residentially -
zoned properties along Duluth Avenue, the trash enclosure will
be screened according to City Ordinance, and lighting and
landscaping will be required to net City ordinances standards.
(6) The use is subject to the design and other requirements of
site and landscape plans prepared by or under the direction
of a professional landscape architect, or civil engineer
registered in the state of Minnesota, approved by the city
Council and incorporated as part of the conditions imposed
n the use by the city Council.
The applicant has submitted site plans prepared by a civil
engineer which identify existing and proposed site design and
landscaping.
(7) The use is subject to drainage and utility plans prepared by
a professional civil engineer registered in the state of
Minnesota which illustrate locations of city water, city
sewer, fire hydrants, manholes, power, telephone and cable
lines, natural gas mains, and other service facilities* The
plans shall be included as part of the conditions set forth in
the CIDP approved by the city council.
The applicant Inas submitted plans prepared by a civil engineer
which illustrate existing and proposed drainage and utility details
for the site.
(8) The use is subject to such other additional conditions which
the city council may find necessary to protect the general
welfare, public safety and neighborhood character. such
additional conditions may be imposed in those situations
where the other dimensional standards, performance
standards, conditions or requirements in this ordinance are
insufficient to achieve the objectives contained in
subsection 110.0. In these circumstances, the city
Council may impose restrictions and conditions on the CUP
which are more stringent than those set forth in the
Ordinance and which are consistent with the general
conditions above. The additional conditions shall be set
forth in the CLIP approved by the City council.
Additional conditions to ensure the protection of the general
health, safety and welfare of the public are included as part of
the CIDP. These conditions include approval of permits from
other governmental agencies and adherence to the conditions
outlined in Section 1102.1103 of the Zoning Ordinance.
VARIANCE ANALYSIS
This project includes requests for two variances. Section 110.00 states that
the Board of Adjustment may grant a variance from the strict application of the
provisions of the Zoning ordinance, provided that:
(1) There are practical difficulties in complying with the strict terns of
the ordinance. "Practical difficulties," as used in connection with the
granting of a parlance, means the property owner proposes to use
the property in a reasonable manner not permitted by the Zoning Or-
dinance. Economic considerations alone do not constitute practical
diff ioultles.
Practical difficulties exist for the applicant in this case. The existing
shared parking let the parking setback to he less than 10 feet of the side
property lire= Shared parking lots are recommended by City Staff as a
way to reduce impervious surface coverage, reduce storm water treat-
ment needs, and increase efficiency of access points and redundancies
of site feature. The application of a shared parking lot at the site will al-
low the adjacent bank land use to maintain its required parking while
sharing it with the new auto repair center. The vacant lot was platted as
Lot 2, Block 1, with the Busse 16t Addition as a legal lot of record in 1993.
(2) The granting of the Variance is in harmony with the general purpos-
es and intent of the City subdivision and Zoning ordinances and the
Comprehensive Pian.
Two purposes of the Zoning Ordinance are to `promote the most appro-
priate and orderly development of the residential, business# industrial, pub
-
li land and public areas enhance the aesthetic character and appearance
of the City 3and `provide adequate off -strut parking and loading facili-
ties The addition of the Motor Vehicle Service and Repair Land Use to
the vacant legal lot of record will allow for orderly development of the
commercially -zoned vacant site and create additional efficiency of the
site's existing parking area.
(3) The granting of the Variance is necessary to permit the reasonable
use of the property involved.
A variance is necessary to permit reasonable use of the panel as a
commercial site. The size of the property creates a practical difficulty for
a reasonable use of the site to exist without the approval of the variances.
(4) The practical difficulty is due to circumstances unique to the proper-
ty not resulting from actions of the owners of the property and is not
a mere convenience to the property owner and applicant=
practical difficulty does exist due to the size of the property. The
shared parking lot will increase the efficiency of the parking areas.
(5) The granting of the variance will not alter the essential character of
the neighborhood or be detrimental to the health and safety of the
public welfare*
The granting of the variance will not alter the existing character of the
neighborhood and will not be detrimental to the health and safety of the
public welfare. The access location along Duluth Avenue will remain un -
hanged and the activities of the Motor Vehicle Service and Repair Land
Use will be faced array from the residentially -zoned properties.
(6) The granting of the Variance will not result in allowing any use of the
property that is not permitted In the zoning district where the sub -
jet property is located.
The granting of the variance will not result in allowing any use of the
property that is not permitted in the zoning district. A Motor vehicle Ser -
viae and Repair Land Use is an allowed use within the C-2$ General
Commercial ial Zoning District.
(7) The granting of the variance is necessary to alleviate an inadequate
access to direct sunlight for solar energy systems.
The current proposal does not involve any proposed solar energysys-
tems.
The site has been evaluated for Zoning Ordinance requirements including
parking, landscaping, and architectural design. The site will meet these
requirements subject to adherence to the listed conditions of approval. Staff
recommends mends approval of the conditional use permit request, subject to the
following conditions:
a The applicant shall record the Conditional Use Permit at Scott Coun-
ty no later than 60 days after approval.
b The CLIP is contingent of variance approvals for the minimum park -
Ing setback and minimum um lot area.
c) Prior to any grading on the site, the applicant shall meet require-
ments set forth by the City Engineering Department in the memo-
randum dated November 26, 2012.
d Prig to approval of a building permit, the applicant shall meet re-
quirements set forth by the City Community unit & Economic Develop-
ment Department in the memorandum dated November 26, 2012.
e The Conditional Use Permit is subject to the issuance of required
permits from all applicable governmental agencies.
f Conditions outlined in Section 1102.1103 of the City Code, re-
lated to Motor Vehicle Service and Repair as a use permitted by
Conditional Use Permit, shall be adhered to.
In regards to the requested variances, the shared paring lot necessitates the
parting lot to be within 10 feet of the side property line. Shared parking lots are
always recommended as a way to reduce impervious surface coverage, reduce
storm water treatment needs, and increase efficiency of access points and re-
dundancies of site features. Also the minimum let variance is necessary due to
the practical difficulty that the 0,66 acre lot is an existing legal lot of record
which does not currently meet the ordinance minimum lot area of 1.0 acres.
Therefore staff recommends approval of the requested variance from the mini-
mum parking setback and minimum lot area subject to the following conditions:
a The variance resolution must be recorded at Scott County within 60
days of adoption. Proof of recording, along with the acknowledged City
Assent Form} shall be submitted to the Community Development
Department prior to the issuance of a building permit.
b The requested variances are contingent of a Conditional Use Permit
approval for a Motor vehicle Service and Repair Land Use.
ALTERNATIVES: Two separate motions are required with this item:
Conditional Use Permit
1. Approve the CUP subject to the above conditions.
2. Table this item to a date specific, and provide the applicant with direction on
the issues that have been discussed.
3. Deny the request based on specific findings of fact.
Variances
. Approve the requested variances or any variance the Planning Commission
deems appropriate in these circumstances.
2. Table or continue discussion of the item for specific purpose,
. Deny any variance because the Planning Commission finds a lack of dem-
onstrated practical difficulties under the zoning code criteria,
RECOMMENDED City Staff recommends Alternatives #1 for both the Conditional Use Permit and
MOTIONS: variance requests=
EXHIBITS: 1. Resolution 1 2-'1 PC
2, Resolution 12-16PC
6, Location Map
. Site Plans and Building Plans
6. Engineering Department Memorandum darted November 26, 2012
6. Community & Economic Development Department Memorandum dated No-
vember 26# 2612
Prior Lake, MN 553 72
RESOLUTION 12-'1 Pc
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM PARKING SETBACK
REQUIREMENT ISD MINIMUM LOT AREA REQUIREMENT
E IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
F Honest one is requesting variances from the Zoning Ordinance to allow for development of
commercial restaurant at the following location, to wit;
16683 Duluth Avenue sB
Lot 2, Block 1, Busse I t Addition, Scott County, Minnesota.
PID 25-285-002-0
2. The Board of Adjustment Inas reviewed the application for the variances as contained in Case #12-
126 and held a public hearing thereon on Decemebr 3} 2012.
3. The Board of Adjustment has considered the effect of the proposed variance upon the health,
safety} and welfare of the community, the existing and anticipated traffic conditions} light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area and the
effect of the proposed variance on the Comprehensive Plan.
4. Practical difficulties exist for the applicant in this case. The existing shared parking lot the parking
setback to be less than 10 feet of the side property line. Shared parking lots are recommended b
City Staff as a war to reduce impervious surface coverage, reduce storm water treatment needs,
and increase efficiency of access points and redundancies of site feature. The application of a
shared parking lot at the site will allow the adjacent bank land use to maintain its required parking
while sharing it with the new auto repair center. The vacant lot was platted as Lot 2, Block 1, with
the Busse 1" Addition as a legal lot of record in 1993.
. Two purposes of the Zoning ordinance are to "promote the most appropriate and orderly
development of the residential, business, industrial, public land and public areas enhance the
aesthetic character and appearance of the City 5, and "provide adequate off-street parking and
loading facilities". The addition of the Motor vehicle Service and Repair Land Use to the vaunt
legal lot of record will allow for orderly development of the commercially -zoned vacant site and
create additional efficiency of the site's existing parking area.
. A variance is necessary to permit reasonable use of the parcel as a commercial site. The size of
the property creates a practical difficulty for a reasonable use of the site to exist without the
approval of the variances.
. A practical difficulty does exist due to the size of the property. The shared parking lot will increase
the efficiency of the parking areas.
Phone 952.447.9800 -Fax 952.447.4245 NNS%,ii,-. ityof riorla c'. oii1
. The granting of the variance will not alter the existing character of the neighborhood and will not be
detrimental to the health and safety of the public welfare. The access location along Duluth Avenue
will remain unchanged and the activities of the Motor vehicle Service and Repair Land Use will be
faced away from the residentially -zoned properties.
. The granting of the variance will not result in allowing any use of the property that is not permitted in
the zoning district. A Motor vehicle Service and Repair air Land Use is an allowed use within the C-2,
General Commercial Zoning District.
10. The current proposal does not involve any proposed solar energy systems.
11. The contents of Case #12-126 are hereby entered into and made a part of the public record and
the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the foilowing
variances to allover a Motor vehicle Service and Repair Land Use in the c-2} General Business
Commercial property:
a# A 19 foot variance from the 10 foot minimum parking setback requirement {Section 1102.1106
(1)
b. A 0.15acre variance from the 1.0 minimum lot area requirement (Section 1102.1 1
The variances are subject to the following conditions:
1. The variance resolution must he recorded at Scott County within 60 days of adoption. Proof of
recording, along with the acknowledged Cit} Assent Form, shall be submitted to the Community
Development Department priorto the issuance of a building permit.
2. The requested variances are contingent of a conditional Use Permit approval for a Motor
Vehicle Service and Repair air Land Use.
Adopted by the Board of Adjustment on Decem br 3, 2012.
Tom Fos ak, Acting Commission Chair
ATTEST:
Dan Rogness, Community Economic Development Director
Prior Lake, MN 5 53 72
CONDITIONAL USE PERMIT
RESOLUTION 1 - BPC
A CONDITIONAL USE PERMIT 70 ALLOW A MOTOR VEHICLE REPAIR LAND USE IN THE C-2
(GENERAL BUSINESS) ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on December 3,
2012} to consider an application from Honest 1 Auto Care to allow a Motor Vehicle
Service and Repair Lard Use in the C-2 (General Business) Zoning District on a
property legally described as follows:
Lot 2} Bloch 1, Busse Addition, Scott County, Minnesota.
PID 25-285-002-0
16683 Duluth Avenue s; and
WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the
applicable Prior Lake ordinances- and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this CMP and
persons interested were afforded the opportunity to present their views and
objections related to the CUP; and
WHEREAS, The Planning Commission finds 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 CIDP meets the criteria for approval
of CUP as contained in Section 1108.202 of the Zoning ordinance.
NOW THEREFORE, BE IT RESOLVED THE PLANNING COMMISSION of PRIOR LADE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance
of commerce, industry and population" and to "maintain hi h standards in the promotion and
development of commerce and industry." This proposal will be consistent with the goals,
objectives, and policies of the Comprehensive Flan provided it complies with the conditions
of approval. Another objective of the Comprehensive Plan is to "enact arra maintain policies
arra ordinances to ensure the public safely, health and welfare." The proposed Motor
Vehicle Service and Repair Land Use would appear consistent with these policies.
h. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
Phone 952.447.9800 I Fax 952.447.42451 w%%rwxit rofprior1 .coy
Based on staff review, the proposed use will not be detrimental to the heaith, safety, morals
and general welfare of the community. The conditions of the approving resolution are
intended to ensure ongoing protection of the community.
c. The use is consistent with the intent and purpose of the Zoning ordinance and the
Use District in which the conditional Use is located.
Section 1102.1103 of the Zoning ordinance allows a Motor Vehicle Service and Repair
Land Use within the C�2 Zoning District. The conditions set forth in the Zoning ordinance
will be met with the issuance of the Conditional Use permit.
d. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities.
ei The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity. The facility is separated from adjacent residential properties by a collector
street uiuth Avenue) and over 110 feet of distance. In addition the service doors of the
facility do not face the residentially -zoned properties along Duluth Avenue, the trash
enclosure will be screened according to City Ordinance, and lighting and landscaping will be
required to met City ordinances standards.
f* The use is subject to the design and other requirements of site and landscape plans
prepared by or under the direction of a professional landscape architect, or civil
engineer registered in the state of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by the City Council.
The applicant Inas submitted site plans prepared by a civil engineer which identify existing
and proposed site design and landscaping.
. The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the state of Minnesota which illustrate locations of city water,
city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas
mains, and other service facilities. The plans shall be included as part of the
conditions set forth in the CUP approved by the City Council*
The applicant has submitted plans prepared by a civil engineer which illustrate existing and
proposed drainage and utility details for the site.
h. The use is subject to such other additional conditions which the City Council may
find necessary to protect the general welfare, public safety and neighborhood
character. such additional conditions may be imposed in those situations where the
other dimensional standards, performance standards, conditions or requirements in
this ordinance are insufficient to achieve the objectives contained in subsection
1108.202. In these circumstances, the City Council may impose restrictions and
conditions on the CUP which are more stringent than those set forth in the ordinance
and which are consistent with the general conditions above. The additional
conditions shall be set forth in the CUP approved by the City Council,
Additional conditions to ensure the protection of the general health, safety and welfare of the
public are included as part of the CUP. These conditions include approval of permits from
other governmental agencies and adherence to the conditions outlined in Section 1102.1 103
(4) of the Zoning ordinance.
3. The CUP is hereby approved, subject to the following conditions:
a The applicant shall record the Conditional Use Permit at Scott County no later than 60 days
after approval.
b) The CUP is contingent of variance approvals for the minimum parking setback and minimum
let area.
o Prior to any grading on the site, the applicant shall meet requirements set forth by the City
Engineering Department in the memorandum dated November 26, 2012.
d Prior to approval of a building permit, the applicant shall meet requirements set forth by the
City Community & Economic Development Department in the memorandum dated
November 26, 2012.
e The Conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
f Conditions outlined in Section 1102.1103 of the City Code, related to Motor vehicle
Service and Repair as a use permitted by a Conditional Use Permit, shall be adhered to.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow a Motor Vehicle Service and Repair Land Use within the C-2 (General Business) Zoning
District. The contents of Planning Case File #EP 11-126 i hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this Td day of December, 2012.
Tom los al , Acting Commission Chair
ATTEST:
Dan F ogees , Community & Economic Development Director
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Date: Novemb er, 2 6, 2 01
To: Community Development and Natural Resources Department
From: Engineering Department — Larry Popple #, City Engineer
Public Works Department — Pete Young, Water Resources Engineer
Subject: Honest 1 Auto Care Conditional Use Permit a view — City Project x#12-126
The Engineering and Public Works Departments have reviewed the Conditional Use permit for
the subject project with a plan date of November 1, 2012 and we have the following comments.
General
I . Show the City project # 12-126 on all plan sheets.
2. Provide City benchmark on all plan sleets. These can be obtained from the City's
Engineering department.
. Flans should have note to contact Gopher State One Call for location of utilities.
. Obtain all regulatory agency permits and approvals necessary for proposed construction
(Mn/DOT, MN Department of Health, etc.)
Preconstruction meeting will be required prior to commencement of construction.
. After construction, an as -built record plan shall be submitted. The as -built plan shall
follow the requirements of Section 10 of the Public Works Design Manual prior to
issuance of the certificate of occupancy.
7. A Letter of Credit will be required for grading and erosion control, utility connection
restoration, and right of way restoration.
. City of Prior Lake Standard details should be used and shown on the plans structures,
utilities, etc..
. Consider secondary contaiti ent for the trench drain located inside the facility to help
prevent containhiatlon on site
Site Plan
1. Provide removal plans.
2. Show rock construction entrance on plan.
3. Some proposed features are missing, please provide (valley gutter, construction notes,
surface utilities, infiltration basin, pedestrian ramp, s vcuts, etc).
. Small triangular slivers ofbituminous pavement may not be ideal.
5. Proposed and existing features should be distinguishable.
6. Grades within parking lot should be between 2-5% except as required for ADA
accessible.
7. Drive isles should be minimum 25', verify width between existing island and curb line on
south side of property is adequate.
thilijI Plan
Phon 952.447.9800 / F 95 2.44 7.424 5 / wim cityofpriorlak . om
I Place note on the plans that the Contractor contact the Prior Dake Engineering
epailment at 952-447-9830 to coordinate inspection of utility installations. City
inspectors require a mininium of 48 hours notice.
2. Show roof scupper locations.
. Please note on the plans watermain shutoff shall be performedCity personnel only.
. Provide hydrant location (existing or proposed). Maximum hydrant coverage for site is
oo'.
5. Show and label curb stop.
6. Revise utility note for Vatermain to maintain 8 feet of cover.
7. Extend proposed sanitary sever service into building. Property owner may want to
install tracer wire for locating purposes since the sewer contains a bend. Provide invert
elevation at point ' fronn building,
. Provide pipe class for sanitary sewer service.
. Is existing sanitary se -ver stub connected to mainline with manhole structure? . manhole
is required at the property line to serve for inspection and monitoring put -poses if none
exist.
Grading, Erosion, and Sediment Control
1. Provide contact information for person responsible for erosion and sediment control plan
preparation, implementation, and maintenance.
2. Maximum slopes for maintained areas should be :l . Please revise areas south of
proposed building.
3. Sheet C1 should note that "all sedini nt control features shall be installed prior t
grading..." instead of" i -olio " control features.
. Sediment control features such as silt fence must be inspected by a City representative
prior to any grading.
5. Erosion control note #3 on Sheet C I references disturbed areas being restored per the
specifications, but only sod is mentioned as a means of final stabilization. The plan must
also include provisions for the installation of temporary erosion control features such as
hydromulch, erosion control blanket, or straw mulch. Include methods of installation,
required materials, and typical details.
. Add a typical detaileross section for the drainage sale that i
inanual contains helpf it reference information for the design of rgro nd infiltration
basins Chapter 12-8). Note the following requirements:
a. Native soils In the proposed infiltration area must have a miniinum infiltration
rate of 0.2 inches per hour. Provide soils information (froin at. lust 2 soil boring
locations within the proposed basin) for the infiltration basin location so that the
infiltration capacity of the native soils can be verified. Using an assumed rate of
0.6 inches per hour for the HydroCAD calculations is not valid. The required
drawdown time for the basin is 48 horns.
. Avoid soil compaction of the infiltration basin bottom during construction by
staking off and marking areas not to be disturbed.
e. Minimum setback requirements must be met, including 10 feet froin both the
property lino and building foundation.
d. A flow splitter or diversion device should be added so that larger flows can
bypass the infiltration facility. The current design has no bypass or emergency
overflow defined,
e. Do not place geotexti e fabric at the lease of the infiltration basin media. See
"INFILTRATION SUBSURFACE PEAKS & PROFILE" example, MN
Stogymwater Manual, Appendix D.
2. The elevations listed on sheet C2, detail 8102 are not correct. Detail 8102 should also
show that the native soil will bede-compacted (using deep soil ripping techniques) to a
depth of at least 12 inches. immediately before the filter media and pipe are placed in the
trench.
3. The H droCAD calculations show that the rate control requirements ill not be met for
the site; there will be a net increase in runoff for the 2 -year event.
. Provide a public drainage and utility easement over the sty le, infiltration basin, and
storinwater conveyance pipes.
. The infiltration basin must be inspected City representatives at certain critical points
during construction to verify required design elements. Contact Pete Young, Water
Resources Engineer, at 952=447-9831, at these points:
a. After trench has been excavated and deep soil ripping has occurred before base
rock media is placed).
b. After sump manholes and all pipes have been installed(before final rock media is
placed) .
e. After all rock media has been placed (before surface is covered).
. A maintenance agreement is required to ensure that the storm ter management features
are regularly maintained and will function as designed. A long --term monitoring and
maintenance plan is a required component of the maintenance agreement. A copy of the
standard agreement will be provided to the applicant.
Date: November 2, 2012
'TO: Reg Plowman, RJ Marco Construction
From: Jeff Matzke, e, Planner
S bj t: Honest I Auto Care CUP Review — City Project I2-126
The Conununity & Economic Development Department has reviewed the Conditional Use
Permit, variance, and site plans for the subject project with a plan date of November 1, 2012 and
we have the following conmients.
Variances
1. Project will require approval of the following variances:
a. 10 foot variance from the 10 foot parking setback requirement
. 0. 15 acre variance from the 1.0 acre lot minimum requirement
General
1. A Class D Bufferyard is required along the Duluth Avenue property line. Please
increased screening by a minimu i of two more canopy trees in this area to meet
bufferyard requirement. City Staff would recommend coniferous trees to provide year
round screening,
2. Provide fencing call details specifying height. and material of trash enclosure.
. All exterior signage will require separate sign permit approval,
4. variance and CUP approval resolutions inn t be recorded at the Scott County Recorder's
Office prior to issuance ofbuilding permit.
Plione 952.44 x.9800 / Fax 952.447.4245 / mvwxitydpriorlake.com