HomeMy WebLinkAbout02-98 Galloway CUP Withdrawn
PLANNING COMMISSION MINUTES
MONDAY, SEPTEMBER 23,2002
1. Call to Order:
Chairman Stamson called the September 23, 2002, Planning Commission meeting to
order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad
and Stamson, Community Development Director Don Rye, Planning Coordinator Jane
Kansier, Planner Cynthia Kirchoff, City Engineer Sue McDermott and Recording
Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Ringstad
Stamson
Present
Present
Present
Present
Present
3. Approval of Minutes:
The Minutes from the September 9,2002, Planning Commission meeting will be
presented at the October 14,2002 meeting.
4.
Consent:
None
5. Public Hearings:
Commissioner Stamson read the Public Hearing Statement and opened the meeting.
A. Case File #02-098 Janice Galloway is requesting a conditional use permit to
allow retail sales in the C-5 zoning district.
Planner Cynthia Kirchoff stated the applicant contacted the City offices this afternoon
and requested withdrawing her application.
B. Case File #02-095 Thomas Knight is requesting variances from the minimum
7,500 square foot lot area and 50 foot lot width for nonconforming Shoreland lots,
the minimum 75 foot Shoreland setback, the maximum 30 percent impervious
surface coverage for Shoreland lots, the maximum 35 foot structure height, and
maximum 10 percent residential driveway slope for the construction of a single
family dwelling located at 15747 West Avenue.
Planner Cynthia Kirchoff presented the Planning Report dated September 23, 2002, on
file in the office of the City Planner.
L:\02FILES\02planning comm\02pcminutes\MN092302.doc 1
CITY OF PRIOR LAKE BUILDING PERMIT,
TEMPORARY CERTIFICATE OF ZONING COMPLIANCE
AND UTILITY CONNECTION PERMIT
Date Rec' d
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3. Yellow Applicant
PERMIT NO.
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PROJECf COST IV ALUE (excluding land) S
I hereby certify that I have furnished information on this application which is to the best of my knowledge Olle and correct. I also certify that I am the owner or
authorized agent or the above-mentioned property and that all consOllction will conform to all existing state and local laws and will proceed in accordance with
submitted pIa I am awar~th e uilding official can revoke this permit for just cause. Furthermore, I hereby agree that the city official or a designee may
enter upon roperty.to perti F'~pections. _ / . /
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I Mechanical Permit Fee
Sewer & Water Permit Fee
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TOTAL DUE
31.21
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I Paid
I Date
I Receipt No.
I By
This Application Becomes Your Building Permit When Approved
Building Official
Date
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I This is to certify that the request in the above application and accompanying documents is in accordance with the City Zoning Ordinance and may proceed as requested. This document
when signed by the City Planner constitutes a temporary Certificate of Zoning compliance and allows construction to commence. Before occupancy, a Certificate of Occupancy must be
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Planning Director Date Special Conditions. it any (\L.~?
24 hour notice for all inspections (952) 447-9850, fax (952) 4474245
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BUILDING PERMIT APPLICATION DEPARTMENT CHECKLIST
NAME OF APPLICANT
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APPLICATION RECEIVED ,1'_
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The Building, Engineering, and Planning Departments have reviewed the building permit
application for construction activity which is proposed at:
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Accepted
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Denied
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liThe issuance or granting of a permit or approval of plans, specifications and
computations shall not be construed to be a permit for, or an approval of, any violation of
any of the provisions of this code or of any other ordinance of the jurisdiction. Permits
presuming to give authority to violate or cancel the provisions of this code or other
ordinances of the jurisdiction shall not be valid."
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5500 Cottonwood Lane
Prior Lake, MN 55372
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Bali Karv LLC
20685 Lake Ridge Dr
Prior Lake
MN 55372
October 29th 2002
Robert Hutchins
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake
MN 55372
RE: Permit/or Warehouse Space at 5500 Cottonwood Lane
Dear Mr Hutchins
Following up from our meeting at Apex Graphics last week with myself, my husband and
Charlie Anderson I would be obliged if you could confirm to us that the following would
be a}J}Jwpriate to satisfy the City's requirements for our occupation of warehouse space at
5500 Cottonwood Lane, Prior Lake.
Currently we do not have full-time access to toilet facilities, disabled access and parking
at our warehouse facility. It is proposed by Charlie Anderson of Apex Graphics that he
gives us a key to enable access to these facilities through his business premises thus
keeping in compliance with City guidelines.
The question was also raised regarding our CUP application and requirements in
connection therewith. It is our understanding that the above proposal allowing access to
various facilities would not be adequate to meet the retail standards but would be obliged
if you could confirm this to us in writing.
Attached is an application for building permit which I understand is required for a new
tenant finish at our warehouse premises.
Thanking you for your help in this matter.
Sincerley .;J
,r/f/~(rtb1f
l Janice Galloway !/
for Bali Karv, LLC
l.l2 02:42p
Paul Gallowa:::t
952-492-3425
p.2
16200 Eagle Creek Ave, SE
Prior Lake
MN 55372
RE: Case # 02-098 (ADDlication for Conditional Use Permit),
Dear Cindy
20685 Lake Ridge Dr
Prior Lake
MN 55372
Tel: 952 492 3425
September 23 2002
Further to our telephone conversations earlier today I hereby give formal notification
that I no longer wish to proceed with the above numbered CUP and that you should treat
my application as withdrawn.
Sincerely
/1
/ Il/!I {:(
Janice Galloway
Co-Owner, Bali Karv LLC
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02 02:42p
TO:
FROM:
DATE:
RE:
# PAGES:
Paul Gallowa~
FAX COVER SHEET
Cindy, Planning Department
Janice Galloway
September 23 2002
CUP Application
2 (including this one)
952-492-3425
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October 15,2002
Ms. Janice Galloway
20685 Lake Ridge Dr.
Prior Lake, MN 55372
RE: Permit for warehouse space at 5500 Cottonwood Lane
Dear: Ms. Galloway
In a recent meeting, it was indicated that there is warehouse space being rented in Mr.
Charlie Andersons building at 5500 Cottonwood Lane. It appears that that the warehouse
space rented has not been issued a building permit. According to our files there is no
record of a building permit for this tenant finish. A tenant finish or a change of use permit
is required before a new use rents space in the building.
It was indicated that the warehouse space rented is in the rear portion of the building with
access from a set of stairs in the rear loading dock area. The original plans indicate that
tenant spaces were to be located side to side with demising walls separating tenants. The
demising walls were placed to allow for a shared entrance and two shared lavatories. This
would allow for customer and worker parking with handicap accessibility for access to
the tenant spaces and to lavatories.
When reviewing the proposed use of tenant in the office/warehouse space, the city must
approve the use of the building, citing the Uniform Building Code for occupancy
separations, health, safety, and handicap accessibility concerns. It is also is reviewed for
zoning district permitted uses. Enclosed is a Building Permit Application. Please fill out
the application and provide the following information:
1. Two sets of layout plans
2. Proposed use of the space
The permit can be applied for in person or by mail at the Prior Lake City Hall. I would be
available to meet with you and the building owner to discuss the procedure or help you
with the permit process. If you have any questions, please feel free to call me at (952)
447-9851. Thank you in advance for your anticipated cooperation.
-
16200 Ea'~net'~k Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
sincer~M;~
Robert D. Hutchins
Building Official
Enclosure: Building permit application
cc. Mr. Charlie Anderson
.
SSOOcoltonwood
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Bali Karv LLC
20685 Lake Ridge Drive
Prior Lake, MN 55372
Tel: (952) 457-2114
Date: 26th September, 2002
Planning Department
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake
MN 55372
Subject:
Ouestions re~ardine ooeration of Bali Karv LLC from
warehouse situated in Citv of Prior Lake
Dear Sir,
I would be grateful if the City of Prior Lake can answer some questions that
I have in regard to operating a part of my business :Gum a warehouse located
at 5500 Cottonwood Lane in Prior Lake.
I would be most grateful if you could give me written answers to the
questions below.
Thanking you, /l
,1 / ,
// / //
//;ft#ird~
.tfuuce Galloway /I' -
Questions from Bali Karv to City of Prior Lake:
. Bali Karv supplies retailers with our products at wholesale costs. Can
a retailer with MN tax ID make an appointment with us to come and
look at our product located in our warehouse, place and order and
I
collect that order there and then assuming all payment agreements etc
have been met and Bali Karv issues our customer with an invoice?
. Bali Karv makes sales on it's products by word or mouth and by
recommendation from existing customers/clients. The vast majority of
our product range is located at our warehouse and new potential
customers ( quite rightly) want to examine what our Company has to
offer before making any commitment to purchase. Is it Ok for them to
come and visit our warehouse to look at our products before placing
an order with us?
. Bali Karv displays some of it's products in model show homes and
houses. We also display a sample product catalog along with business
card. If a potential customer wanted to stop by our warehouse and
look at the actual products first hand and place and order with us at
the warehouse, are there any terms and conditions placed by the City
that would make this illegal?
. Bali Karv also has a Web site, www.BaliKarv.com. Ifa potential
customer wanted to see some of our sample products before making a
purchase, could they once again come to the warehouse and examine
the product in detail and place an order with us if they so desired?
. Let's assume that a customer has placed a legitimate business order
with our Company at our warehouse. If Bali Karv were to meet the
requirements of the customers order, could the customer pay for, pick
up his order and take his goods home with him if Bali Karv issued
him with an invoice and receipt of payment?
. Bali Karv like other businesses fmds the need to advertise in the press
to grow potential customers and clients. If someone was to read that
advert and come to our warehouse as a potential customer/client,
place a legitimate purchase order with us, would there be any issues or
concerns from the City? Again, if that customer paid for his order
there and then, could he pick up his goods if Bali Karv was able to
fulfill ?
2
. If our customer/client ordered a product from our warehouse, Bali
Karv fulfills that order and the customer does not require an invoice
after making payment, is it ok just to provide him with a receipt of
purchase?
. Many businesses find a need to have sales and promotions from time
to time. Bali Karv is the same in this respect. Bali Karv as a business
will supply our customers and clients with products that sell below
general retail. This is part of our business strategy and is one of the
main reasons Bali Karv was formed in the first place. Would there be
any issues or concerns from the City if we were to advertise in the
press stating that we do discount our goods? Again, if a potential
customer or client was to come and have a look, place a business
order with us at the warehouse is there a problem with that?
. In all business transactions that Bali Karv does with it's suppliers etc.,
we do indeed place and fill in an order fvuI1 for any supplies that we
need. This is fulfilled by the supplier. Is there a problem with our
customers taking the same appLoach? If so, why?
. If a potential customer/client were to make an impromptu stop at our
warehouse and found that the premises were closed shut, would there
be any issues here?
. If a potential customer/client were to make an impromptu stop at our
warehouse and found that our premises were open and that there was
someone available in the warehouse to answer questions/show them
our products etc, would there be any issues here?
. Let's assume that a Bali Karv owner or employee of the Company is
on hand in the warehouse doing tasks associated with the smooth
running of our business (ie. Cleaning/polishing our wood sculptures,
stock taking, pricing etc etc.) and a potential customer/client was to
stop by and ask to take a look at our products, place and order then
and there, pay for his order and take it away with him. Would there be
an issue with this?
3
. It is normal for an owner or employee of a Company to work at his
business premises for a period of hours. If Bali Karv was to advertise
to our potential customers/clients that they can visit our premises
during hours certain hours of the day/week to examine our products, is
there a problem with this?
4
October 7,2002
Ms. Janice Galloway
20685 Lake Ridge Drive
Prior Lake, 11N 55372
RE: Bali Karv, LLC; 5500 Cottonwood Lane
Dear Ms. Galloway:
This letter is in response to your correspondence dated September 26, 2002, concerning retail
operations within your leased warehouse space located at the above referenced address.
It is my understanding that you would like the opportunity to allow retailers to visit your warehouse
space to preview and possibly purchase merchandise. As you are aware, warehouse/storage is a
pennitted use and retail sales (up to 2,000 square feet) is a conditional use within the C-5 (Business
Park) zoning district. A wholesale use is pennitted with conditions in the C-5 zoning district.
According to the City Code, warehouse/storage means "a faciliry far ra:eiving, holding, s:J;YY;'.o and
arasional fkKkaging of..,.WII~'" Whereas, retail means" a facility uhre rnerchandi.se or equipnent is
disp/ayfd, 1 c;t.w.: or sold and ukre deliwy of rnerchtndise or et]h~11 KJ U. to the ultimate cmsumer is nttle." A
wholesale use means "estahlishments (.t.~ primarily in sellingrnerchandi.se to retailers, or to industrial,
l.U 11I11tI;1";.J or professional business ~LU I";/~, or to otheruholesalers or on a mail onier basis to indiridua1s or fi:nns,
or1dit:h serr.:e as agents or brokers buying rnerchtndise far, or selling merchandise to, i:nd.iciduals and ......., 'F~'"
It appears as though your Bali Karv would be considered a wholesale use, because you are selling
merchandise to retailers or business customers who will ultimately sell the product to the ultimate
consumer, which is consistent with the zoning on the property. However, in order for you to sell
merchandise to the general public or the ultimate consumer you are required to have a conditional
use pennit for retail sales.
As you are aware, there are building code compliance issues, such as restroom facilities and handicap
accessibility, associated with certain types of uses. Any questions concerning these issues should be
directed to Bob Hutchins, Building Official, at (952) 447-9851.
Should you have any questions concerning the zoning ordinance and use of the property, please feel
free to contact me at (952) 447-9813.
Sincerely,
CCJn.t1~~I~
Cynthia R Kirch~ff~CP
Planner
.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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20685 Lake Ridge Dr
Prior Lake
MN 55372
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October 1st 2002
Planning Department
City of Prior Lake
16200 Eagle Creek Ave, SE
Prior Lake
MN 55372
For the attention of Robert Hutchins
cc CYnthia Kirchoff
RE: FOLLOW-UP MEETING DATED 09/30/02 WITH CITY OF PRIOR LAKE
Dear Mr Hutchins
With reference to my meeting yesterday with Cynthia Kirchoff and yourself, a number of
very interesting points were exposed regarding the operation of my business from
warehouse space that I rent at 5500 Cottonwood Lane, Prior Lake.
The main points of interest that we are really concerned about is that we presently do not
have full time access to toilet facilities and there is no wheel chair ramp leading into our
warehouse. You were concerned with the fact that people visiting our warehouse would
not have proper access to toilets and that we (Bali Karv) also do not have open access to
toilet facilities
This leads to some questions that I need answered in light of what was said at that
meeting.
Let's take some scenarios regarding operation of our business from the warehouse and in
particular to the question of access to toilet facilities and access to people with
disabilities.
1. We cannot employ anyone to work in our warehouse Is this correct?
2. We cannot ask a retailer who buys wholesale from us to come to our warehouse
FJ...-uJses and take a look at our product range. Is this cvu..-ct?
3. Bali Karv sells over the internet. We ship products out from our warehouse. Once
again, it would appear that we cannot hire a shipping company to come in and
package up some of our larger sculptures from the warehouse because of lack of
public facilities. Is this cvu..-ct?
4. Because of lack of facilities we technically cannot have anyone come to our
warehouse, for example, an electrician to replace a light bulb? Also, it would
appear that even a City official cannot enter our premises?
5. Are the owners of Bali Karv breaking the law by entering their own warehouse
premises because there is no access to toilets etc?
6. Bali Karv may be forced into liquidation because it is impossible to operate a
legitimate business from our warehouse premises. If this was to occur, then it
would once again appear that we cannot legally hire the services of a liquidation
company to come to our warehouse, remove stock, shelving etc. Is this correct?
On the information received so far it would appear that there is no way that Bali Karv can
operate as a business from our warehouse without having access to public toilets and
wheel chair accessible facilities. If this is truly the case, how come Bali Karv was able to
rent such pJ.,",mises from our Landlord in the first instance? How come our Landlord was
granted planning permission to form a warehouse space with the intent to sub-lease
without having adequate public facilities.
Regarding our conversation on the morning of 9/30/02, you basically inferred that we
should perhaps look at alternative business pJ.,",uJses in Prior Lake with access to proper
public facilities. Assuming we were to go ahead with this suggestion, we are tied up in a
lease with our landlord and would have to continue to pay rental dues. Our lease on the
warehouse states that we can also sublease this space out to people. If we were to do this
however, Bali Karv would be once again breaking the law in regard to toilet access and a
wheel chair ramp. It looks to me that Bali Karv is in an impossible situation here and that
the warehouse space that we rent is infact purely that. 'Dead' and unusable space. Is this
Cvu",ct?
It is very obvious that there is something wrong with this situation. Bali Karv now wishes
to find out how such a warehouse space was created and approved by the City Planning
Department without adhering to City guidelines and codes. We wish to make a formal
request to see original paperwork and documentation supporting and approving the
construction of our warehouse space that we rent at 5500 Cottonwood Lane, Prior Lake.
Also, our application for our CUP was withdrawn by Bali Karv on the basis that
structural alterations to bring our warehouse premises up to code and guidelines would be
too much work and expense involved in creating disability access and toilet facilites. The
point I am trying to make here is that disability access and access to toilets should have
already been in place at our warehouse. If this had been the case, we would have
proceeded with our CUP application and hearing. Once again, it is very clear that there is
something very much wrong in the facilities that we currently rent.
And to conclude, is the City suggesting that we cannot operate as a legitimate business
from our CUu,",ut warehouse pJ.,",uJses?
I would very much app...ciate a prompt written response to the questions asked and
points made above because obviously it is essential to the Olk'lai.~on and livelihood of our
business.
Sincerely,
Janice Galloway
for Bali Karv
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Bali Karv LLC
20685 Lake Ridge Drive
Prior Lake, MN 55372
Tel: (952) 457-2114
Date: 26th September, 2002
Planning Department
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake
MN 55372
Subject:
Ouestions regarding oneration of Bali Karv LLC from
warehouse situated in City of Prior Lake
Dear Sir,
I would be grateful if the City of Prior Lake can answer some questions that
I have in regard to operating a part of my business from a warehouse located
at 5500 Cottonwood Lane in Prior Lake.
I would be most grateful if you could give me written answers to the
questions below.
Thanking you)/,
J~~:;~:tlky
Questions from Bali Karv to City of Prior Lake:
. Bali Karv supplies retailers with our products at wholesale costs. Can
a retailer with MN tax ID make an appointment with us to come and
look at our product located in our warehouse, place and order and
1
collect that order there and then assuming all payment agreements etc
have been met and Bali Karv issues our customer with an invoice?
. Bali Karv makes sales on it's products by word or mouth and by
recommendation from existing customers/clients. The vast majority of
our product range is located at our warehouse and new potential
customers (quite rightly) want to examine what our Company has to
offer before making any commitment to purchase. Is it Ok for them to
come and visit our warehouse to look at our products before placing
an order with us? I "'Q t t, C r) (') C (' ~'
. Bali Karv displays some of it's products in model show homes and
houses. We also display a sample product catalog along with business
card. If a potential customer wanted to stop by our warehouse and
look at the actual products first hand and place and order with us at
the warehouse, are there any terms and c<;mditions Flaced by the City
that would make this illegal? ,/..':) c f (~ , .~. (r 1_..,_.!..1
. Bali Karv also has a Web site, www.BaliKarv.com. If a potential
customer wanted to see some of our sample products before making a
purchase, could they once again come to the warehouse and examine
the product in detail and place an order with us if they so desired?
. Let's assume that a customer has placed a legitimate business order
with our Company at our warehouse. If Bali Karv were to meet the
requirements of the customers order, could the customer pay for, pick
up his order and take his goods home with him if Bali Karv issued
him with an invoice and receipt of payment? p~ c.t CL cC 1":2 (LL (. .....::-
. Bali Karv like other businesses finds the need to advertise in the press
to grow potential customers and clients. If someone was to read that
advert and come to our warehouse as a potential customer/client,
place a legitimate purchase order with us, would there be any issues or
concerns from the City? Again, if that customer paid for his order
there and then, could he pick up his goods if Bali Karv was able to
fulfill? 1'?j~J cJ /? c~J>_C! L
2
. If our customer/client ordered a product from our warehouse, Bali
Karv fulfills that order and the customer does not require an invoice
after making payment, is it ok just to provide him with a receipt of
purchase?
. Many businesses find a need to have sales and promotions from time
to time. Bali Karv is the same in this respect. Bali Karv as a business
will supply our customers and clients with products that sell below
general retail. This is part of our business strategy and is one of the
main reasons Bali Karv was formed in the first place. Would there be
any issues or concerns from the City if we were to advertise in the
press stating that we do discount our goods? Again, if a potential
customer or client was to come and have a look, place a business
order with us at the warehouse is there a problem with that?
. In all business transactions that Bali Karv does with it's suppliers etc.,
we do indeed place and fill in an order fVHll for any supplies that we
need. This is fulfilled by the supplier. Is there a problem with our
customers taking the same approach? If so, why?
. If a potential customer/client were to make an impromptu stop at our
warehouse and found that the premises were closed shut, would there
be any issues here?
. If a potential customer/client were to make an impromptu stop at our
warehouse and found that our premises were open and that there was
someone available in the warehouse to answer questions/show them
our products etc, would there be any issues here?
. Let's assume that a Bali Karv owner or employee of the Company is
on hand in the warehouse doing tasks associated with the smooth
running of our business (ie. Cleaning/polishing our wood sculptures,
stock taking, pricing etc etc.) and a potential customer/client was to
stop by and ask to take a look at our products, place and order then
and there, pay for his order and take it away with him. Would there be
an issue with this?
3
. It is normal for an owner or employee of a Company to work at his
business premises for a period of hours. If Bali Karv was to advertise
to our potential customers/clients that they can visit our premises
during hours certain hours of the day/week to examine our products, is
there a problem with this? P' 0t (lu ct ;) CLQL~
4
September 19, 2002
Janice Galloway
20685 Lake Ridge Drive
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the September 23,
2002, Planning Commission meeting. You or your representatives are expected to
attend the meeting. You will be given the opportunity to speak regarding your proposal
and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station
located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you
cannot attend the meeting, please call me so your item can be deferred to the next
Planning Commission meeting. If you have any questions, please contact me at 447-
9810.
Sincerely,
Connie Carfron
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
DATE:
SEPTEMBER 4, 2002
TO:
JANE KANSIER
FROM:
ROBERT D. HUTCHINS
RE:
GALLOWAY RETAIL SALES CUP PLAN REVIEW
Following are the results of the preliminary plan review for the Galloway retail sales
CUP. Our review was based on the Minnesota State Building Code (MSBC) which
adopted with amendments the 1997 Uniform Building Code (UBC) with handicap
regulations of the Minnesota Accessibility Code Chapter 1341 and with requirements of
the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997
Uniform Fire Code (UFC).
conditional use permit review:
1. Submit two set of building plans drawn to scale.
2. Indicate the type of occupancy or activity in each area of the space.
After the conditional use permit is approved:
3. Submit a building permit application.
4. If structural alterations are made, the alteration must be designed by a Structural
Engineer registered in the State of Minnesota. Minnesota Statutes 1800.5200.
5. A Service Availability Charge (S.A.C.) determination must be completed by the
Metropolitan Council Environmental Services. Contact Jody Edwards at
651.602.1113.
6. Provide on plan emergency lighting and exit signs. UBC 1003.2.8.
7. Provide fire extinguishers minimum 2A I OBC rated, within 75 feet travel distance of all
areas. UFC 1002.
8. Provide a Handicap (HDCP) accessible route to a HDCP accessible toilet facility. The
accessible route to the primary functions area shall include toilet facilities or drinking
fountains serving the area of primary function. MSBC 1341.0405 Item K, Subitem 1.
9. Provide a Handicap (HDCP) accessible route to one HDCP parking stall with sign.
MSBC 1341.0403 Item E, Subitem 1.
10. Lavatories for each sex is required. UBC Table A-29-A.
11. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of
ventilation per occupant in the building.
12. Submit a Heating, Ventilation, Air-conditioning (HV AC) plan signed by a
Mechanical Engineer Registered in the State of Minnesota. May be submitted at a later
date. A mechanical permit is required. A Plumbing and a fire suppression permit may
be required. An Electrical permit is required from the Minnesota State Board of
Electricity.
13. If a sales counter is provided, a HDCP accessible horizontal counter space of 36" and
a maximum height of36" above the finished floor is required. MSBC 1341.0720
Subpart 1.
This is a preliminary review on concept plan only. Other code items will be addressed
when the preliminary plans are submitted.
2
I have reviewed the attached proposed request (Gallowav CUPl for the following:
-....------..r.-.----citiCode.--.- ...-.
I Storm Water
I Flood Plain
I Natural Features
Electric
Water
Sewer
Zoning
Parks
Assessment
Policy
I Septic System
I Erosion Control
I Gas
I Other
Recommendation: ~ Approval
Comments:
JJi') r' -"'--~; .. _ ... A ~ ,. ~ -; ~ 5
Signed: ~gcf)~.tf-
oc-/ '-'
.-..--.-..-..--.--.. --. ----- - -. -------1
Grading
Signs
I County Road Access
j Legal Issues
Roadsl Access
I Building Code
I
Denial
Conditional Approval
Date:
q /q/d 2.
Please return any comments by Thursdav. Seotember 12.2002, to
Cynthia Kirchoff
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9813
Fax: (952) 447.4245
e-mail: ckirchoff@cityofpriorlake.com
1:\02files\02cup\galloway\referral.doc
Page 2
August 27, 2002
Janice Galloway
20685 Lake Ridge Drive
Prior Lake, MN 55372
RE: Conditional Use Permit for Retail Sales in C-5 Zoning District (Case # 02-098)
Dear Ms. Galloway:
On August 21, 2002, the City of Prior Lake Development Review Committee (DRe)
received an application for a conditional use permit for retail sales at 5500 Cottonwood
Lane. We have determined the following information must be submitted before we
will consider this application complete:
1. A narrative providing detail on the types of merchandise for sale and the hours of
the retail operation.
2. Proposed square footage of the retail sales floor area.
The above items must be submitted before we will consider this a complete
application. Once we have determined you have submitted a complete application, the
DRC will begin formal review of the CUP. Once we have completed our review, we
will notify you of any required changes to the plans.
Thank you for your attention to this matter. If you have questions relative to the
review process, or related issues, please feel free to contact me at (952) 447-9813.
Sincerely,
. ~-T~bO~
Cynthia R. KirchofUICP
Planner
.
1:\02fllesI02cuplgallowaylincomplele.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
August 30, 2002
Janice Galloway
20685 Lake Ridge. Drive
Prior Lake, MN 55372
RE: Conditional Use Permit for Retail Sales in C-5 Zoning District (Case # 02-098)
Dear Ms. Galloway:
On August 30, 2002, the City of Prior Lake determined that all of the necessary
submittals for the above application have been received. This letter serves as your
official notification that the application is now complete.
The DRC will now begin formal review of this request. At this time, you are
tentatively scheduled for the Monday, September 23, 2002, Planning Commission
meeting. I will notify you of any changes to that date.
The City review process can be substantially less than 120 days, and we intend to move
this matter through the process in a timely manner that provides a complete,
professional review. Occasionally, however, due to meeting schedules, it is sometimes
necessary to extend the 60-day review period. This letter also serves as your official
notice that the City is extending the 60-day deadline for an additional 60 days from
October 29,2002, to December 28,2002.
If you have questions concerning the review process or related issues, please contact me
directly at (952) 447-9813.
Sincerely,
( ~ I~ l>i~-
dil! F~~,.. . ..\)
Cynthia R. Kirchoff,\A]CP
Planner
I: \02files \02cup \galloway \complete.doc
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~iscellaneous
L:\TEMPLA TE\FILEINFO.DOC
PROJECT NAME:
APPLICANT:
PROPERTY OWNER:
CONTACT PERSON:
PID#:
LOCATION:
EXISTING ZONING:
COMPREHENSIVE PLAN:
PROJECT REQUEST:
c1t "ltv L. h
(~ I '?J / 0 'J-.
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
GALLOWAY RETAIL SALES CUP
An application for a conditional use permit to allow retail sales
in the C-5 zoning district.
Janice Galloway
Charles Anderson
Janice Galloway
(952) 492-3425
SITE INFORMATION
25-296-001-2
5500 Cottonwood Trail
This property is located on the northeast side of Cottonwood
Trail, immediately north of Adelmann Street and southwest of
CSAH 21.
C-3
C-BO
Review application.
I DISTRIBUTE TO: Ill, APPLICATION FOR:
1+ Frank Boyles Bud Osmundson I. Administrative Land Division
, Sue Walsh + Sue McDermott Comprehensive Plan Amend.
I Ralph Teschner + Larry Poppler Conditional Use Permit
Chris Esser + Fire Chief Home Occupation
,+ Bob Hutchins 1+ Bill O'Rourke Rezoning
,+ Don Rye Site Plan
,+ Jane Kansier Preliminary Plat
I PUD
, ONR - Pat Lynch Minnegasco Final Plat
I County Hwy. Dept. Watershed Dist. Variance J
, MNOOT Telephone Co. Vacation
I SMOC Electric Co.
L Mediacom Cable Met. Council
=
I Date Received 8/21/02 Date Distributed 9/3/02 Date Due 9/12/0~
I Complete Application 8/30/02 Date Distributed to 9/3/02 DRC Meeting 9/6/02
Date ORe
I Publication Date 9/7/02 Tentative PC Date 9/23/02 Tentative CC 1 0/7/02
Date
I 60 Day Review Date 10/29/02 Review Extension 12/28/02 J
1:\02fi1es\02cup\galloway\referral.doc
Page 1
I have reviewed the attached proposed request (Gallowav CUP) for the following:
"I
I
I
I
I
I
.L
Water
Sewer
Zoning
Parks
Assessment
Policy
Septic System
Erosion Control
-
Recommendation:
Comments:
Signed:
City Code
Storm Water
Flood Plain
Natural Features
Electric
Grading
Signs
County Road Access
Legal Issues
Roads/Access
Gas
Other
Building Code
Approval
Denial
Conditional Approval
Date:
Please return any comments by Thursdav. Seotember 12. 2002, to
Cynthia Kirchoff
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9813
Fax: (952) 447-4245
e-mail: ckirchoff@cityofpriorlake.com
I :\02fi1es\02cup\galloway\referral.doc
Page 2
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L:\TEMPLA TE\FILEINFO.DOC
Planning Case File No. () ~ - oq~
Property Identification No.
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City of Prior Lake . i ' jf:::::_~"__':___v --==-,)
ZONING/LAND USE APPLICATJI~ . 2'. ;1
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Type of Application
o Amendment to Zoning Map
o Amendment to Zoning Ordinance Text
o Amendment to Comprehensive Plan Land Use Map
[8] Conditional Use Permit
o Variance
o Planned Unit Development
o Senior Care Overlay District
o Home Occupation
o Amendment or Modification to approved CUP or PUD
o Other
Brief descJtiption of oroposed pnlject
(Please describe the proposed amendment, project, or variance
/'l request. ,Attach adFitional sheets if necessary).
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Applicant:
Address:
Telephone:
-:JANICe GALLOh/A'/
~ob~5 LAKE I?ltJC€: .(JR. p~/ol< tAKE:
qf;CJ t.jQd 3 ita 5 (home) Q50l 457 0l1l4 (~(CEL.(')
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CJ5d. lfIa. 34J (fax)
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Property Owners (if different than applicant): ( ~ '^ 'bv"l<.. s A \1'\..0 .cN'"SO"'vl
Address: :).~DO C()~ "'-100V ~
Telephone: t:tsd - - (home) ~~ -lOse (work)
Type of Ownership: 0 Fee 0 Contract for Deed
(fax)
o Purchase Agreement
Legal Description of Property (Attach additional sheets ifnecessary):n
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To the best of my knowledge the information 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
applications will not be P5~1ihsed .until~~ 5-omplete by the Planning Director or assignee.
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APPlican~'s . at ~;I/ t/ Date / / ·
(i \.... ~() . _ fi/a-%'O
Fee Owner's Signatu e Date
ADDITIONAL PROJECT INFORMATION
(Required forPUD, CUP andSC OverlayDistrict applications)
Will the developers request financial. assistance from the City?
If yes, please describe the amount and type of assistance requested {attach additional pages if necessary).
o Yes a No
Will anyone other than the applicant he involved in the ownership, development & management of this.project?
DYes (If yes, please attachalist of the names and the role of all persons involved in the project.) B( No
1 :\handouts\200 1 handouts\zoning\zoning app.doc
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20685 Lake Ridge Drive
Prior Lake.
MN 55372
Tel: 952-457-2114 (Cell)
16200 Eagle Creek Ave
S.E., Prior Lake.
MN 55372
RE: Case # 02-098 (Aoolication for Conditional Use Permit)
Dear Cynthia,
Thank you for your letter asking for additional details about my application
for a Condition Use Permit. I will attempt to answer your questions as best I
can though I would be only too pleased to answer any further questions or
concerns that you or the City may have. Please feel free to call me directly
on 952-457-2114.
Bali Karv LLC imports, distributes and wholesales hand crafted products
from Bali, Indonesia.
My application for a "Conditional Use Pt-uuit" to allow retail sales from the
warehouse came about through direct requests from previous clients, friends
and neighbors suggesting that it would be great if we could be open to the
public on a regular basis even just for a few hours per week. Based upon this
input, I thought that if I was able to retail on a Saturday (from lOam - 5pm)
and Sunday (12 noon - 5pm) this would suffice.
Products for sale are wide and varied and include large wooden carvings and
sculptures, garden accessories such as bamboo wind chimes, bird houses,
household decorations and accessories such as wall mirrors, wooden wall
masks, pottery, bamboo kites, picture frames, mobiles and chimes, painted
wood ornaments etc. An example of our high end wood carvings and
sculptures can be found on our internet site at http://balikarv.com
As previously stated these are all hand crafted in natural products and the
vast majority of the public have not been previously exposed to such items
in other retail stores or outlets.
I do believe that I offer unique and different products for sale and that Bali
Karv would not be a threat to any other established local businesses as I do
not sell anything similar.
Our warehouse space is approximately 1184 square feet. Of that total space,
approximately half (that is 600 or so) would be available for the public to
walk around, though some of the proposed retailing display shelves,
particularly top shelves would also be used for storage of our goods with no
access to the public.
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SUBJECT
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Prior Lake, MN 55372
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Prior Lake
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Applicant: Janice Galloway
Of: 20685 Lake Ridge Drive, Prior
Lake. MN 55372
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Drawing is for illustrative purposes
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Premises located at
SUITE #200
5500 Cottonwood Lane
Prior Lake
MN 55372
APEX GRAPHICS
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Of: 20685 Lake Ridge Drive, Prior
Lake. MN 55372
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Prior Lake, MN 55372
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proposed Public
Entrance to
warehouse
Suite #200
5500 Cottonwood Lane,
Prior Lake
MN 55372
Janice Galloway
C"'..___...:__ ....__..__.........:...... ~_.. "t"__-I:':___I II....... n....._:.."
Additional views
around premises
Cottonwood Lane
Shareci loading dock with
Apex Graphics
Additional parking around
front of building
Suite #200
5500 Cottonwood Lane,
Prior Lake
MN 55372
Janice Galloway
C".....__....:__ -'__..___"'...,,:__ &.... "r"__-':":___I 11__ ".....-:.."
Warehouse Public entrance
Cottonwood Lane
Janice Galloway
C"'..__......a.:__ ~...._..___........:__ &....p "1"'__....:..;....__111...._ n..........-:..."
I .
Views looking
towards proposed
public entrance to
warehouse
Suite #200
5500 Cottonwood Lane,
Prior Lake
MN 55372
-'S
Page I of2
About Us
".,,"
'vVelcOlTIe to Bali 1(arv...
Hal iKarv \vas f01111ed to address the disce111ing collec
unique high quality hand crafted wooden carvings and
art. \\1 c believe that you should be able to express you
personal itelTIS that you o\vn and buy. With the wester
on rnass production and replication, the option for you
individual becoInes less and less.
""~I
W'hen you purchase your favorite sculpture fronl Bali
are Investing in a one-of-a-kind piece of a11... fron1 the
carved ornanlent~ all through the range up to our exqui
conunissioned and custom designed master pieces. Ou
details~ \vorkrnanship and quality is the very best you
All of our carvings originate in Bali, Indonesia. We us
tilTlber including ebony, Inahogany~ teak and souard.
passing our stringent inspection process will the wood
Bali's ITI0St talented and highly skilled carvers. ()ver t
weeks or even 1110nths our craftsmen take the highly i
off fro 111 the drawing board and nlagically transfonn t
cbrnenslonal works of treasure.
Bali Karv can also create conlmissioned and fully cust
suit your o\vn individual needs and requirenlents. Loc
lVlinnesota, \ve can ship throughout the lJSA..
http://www.balikarv.comlabout_us.htm
8/30/02
_...... v - Wood Carvings And Sculptures Of Excellence
fr ,'~ '-#A I
N' ~ ; j l W "'7" om
ww-lIr:~ I
tW< J !N(;'- h ""
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ij ~A~ ,& ~
http://www . balikarv . COIn!
Page I of2
Welcome to Bal
~,
\Ve specialize in supplying our
clients v.;ith the highest quality~
nlost finely detailed wood
carvings and sculptures of
excellence.
i\JI tyf our products are hand
carved and crafted on Bali,
Indonesia by sonle of the
W orId's 1110St ski lled and
highly talented \\lood workers
around.
\Ve COnl111ission our very own
vvood carvings and sculptures
and take great pride in
kno\ving that \ve are selective
..-
in v.;hat \ve offer to our clients.
()nly the best of the best is
good enough for Bali Karv and
for you.
Please take some time to wander through our "Gallery"
8/30/02
_..oJ. V - Wood Carvings And Sculptures Of Excellence
Page 2 of2
ho\v;;;
ular and beautiful \vooden works 0 f art can
Wood Carvings And Sculptures Of Excellence - Wood Carvings And Sculptures Of Excellence - Woo
Excellence
http://www.balikarv.coml
8/30/02
__ .~....__._~~_.".~a__" <...._.,. _ ......""_.__..._".__"_..~~..~..'-,~_~,__.___._. ,. _".,__~,~..__~".."...._,..""___.~.,..^'._.~._______.._'_______,",,~,__~""~'_M'~_.__~_''''._.___'''~'_"_
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~~
~NE~
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(952) 447-4230, FAX (952) 447-4245
RECEIPT # 41651
DATE:
'8(;;:b 1[1'
Received of . \)(Lli(ct 6 [l.,lD\J0Ci'~K
thesumOf~JtLI),tt../-Jfl,1-1'\d/\Cct'~~'1-,,)tl' tL-i) ..... dollars
~I \ v
for the purpose of
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CCl,D a O'j/Lt{fl,-ntV\ / {{!ltG~1\?~0tt rtZ./~JtiZ.,c .
" {.. I} I ~
$ 'j50,t'V
Invoice #
~tt CitJ?j~1"-
Receipt Clerk fote City of Prior Lake
-
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
CASE FILE#:
PROPOSAL/SUMMARY:
PLANNING REPORT
SA
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT TO ALLOW RETAIL SALES THE C-5
(BUSINESS O~~lCE PARK) DISTRICT
JANICE GALLOWAY
5500 COTTONWOOD LANE.
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
SEPTEMBER 23, 2002
02-98
Janice Galloway (doing business as Bali Karv, LLC) is requesting a conditional use
permit (CUP) to allow retail sales in the C-5 (Business Park) zoning district on property
located at 5500 Cottonwood Lane. Retail sales is a conditional use within the C-5 zoning
district.
In the 2020 Comprehensive Plan, the property is designated as Business Office Park,
which provides for developments that have a low traffic generation rate. Primary uses are
corporate headquarters; and professional and administrative offices; and limited research,
development and manufacturing facilities.
BACKGROUND:
The applicant (Bali Karv LLC) currently occupies approximately 1,200 square feet of
warehouse space within the existing 33,400 square foot multi-tenant office/warehouse
building. The property has access via Cottonwood Lane and CSAH 21.
APPLICABLE REGULATIONS:
The requested conditional use permit should be reviewed in accordance with the criteria
found in Section 1102.140 (5) and Section 1108 of the City Code. Section 1102.1403(5)
includes the specific conditions for retail sales. Section 1108 includes the general CUP
criteria.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Planning Report - Galloway Retail Sales CUP
September 16, 2002
Page 2
ANALYSIS:
The applicant is requesting a conditional use permit to allow retail sales in a multi-tenant
building located at 5500 Cottonwood Lane. The entrance for this lease space is on the
rear elevation of the building within the off-street loading areas, which abuts Cottonwood
Lane.
Retail sales are proposed to take place on Saturday from 10:00 a.m. to 5:00 p.m. and
Sunday from 10:00 a.m. to 5:00 p.m. Of the 1,200 square feet leased by the applicant,
600 is proposed to be dedicated to retail sales on weekends. The applicant has indicated
that "large wooden carvings and sculptures, garden accessories such as bamboo wind
chimes, bird houses, household decorations and accessories such as wall mirrors, wooden
wall masks, pottery, bamboo kites, picture frames, mobiles and chimes, painted wood
ornaments, etc." would be offered for retail sale. The proposed floor plan indicates that
the retail and warehouse areas would not be physically separated.
According to the site plan submitted by the applicant, 95 parking stalls are present on the
site along the north and east elevations of the building. Parking is not designated on the
rear of the building, as this area was designed as the off-street loading area. The zoning
ordinance requires one parking stall per 180 square feet of gross floor area for retail store
and service establishments. Warehouse uses require one parking stall for each 1,500
square feet of floor area. This use would require a total of four parking stalls.
The applicant has not indicated a need for signage. In the C-5 zoning district, multi-
tenant buildings with tenant entrances on a side of the building not facing a public street
may have signage with a maximum aggregate area per building elevation of 5 percent of
the area of the front building elevation.
Retail Sales Condition
The Zoning Ordinance permits retail sales as a conditional use in the C-5 zoning district.
Section 1102.1403 (5) of the Zoning Ordinance sets forth the following condition to
minimize the impact of the use on adjacent properties:
a. Such use occupies no more than 2,000 square feet of floor area in the principal
structure.
Finding: The proposed use complies with the standard for retail sales required by the
Zoning Ordinance. The applicant proposes a total of 600 square feet for the retail sales
area.
CONDITIONAL USE PERMIT (CUP) FINDINGS
Section 1108.200 of the City Code sets forth the general criteria for approval of a CUP.
1:\02fi1es\02cup\galIoway\pc report. doc
Planning Report - Galloway Retail Sales CUP
September 16, 2002
Page 3
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
One objective of the Comprehensive Plan is to "encourage a diversified economic
base and a broad range of employment opportunities." The proposed use is
consistent with this objective of the Comprehensive Plan.
(2) The use will not be detrimental to the health, safety, morals and general welfare
of the community as a whole.
This proposal will not be detrimental to the health, safety and general welfare of the
community, provided the use complies with conditions of approval. The use
complies with the criterion in the Zoning Ordinance for retail sales in the C-5 zoning
district.
(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.
One purpose of the zoning ordinance is to "protect the residential, business,
industrial and public areas ofthe community and maintain their stability." The intent
of the C-5 (Business Park) use district is to promote high standards of design and
construction for business park uses in the City. The proposed retail sales use is
consistent with applicable City Code provisions.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements which are either existing or proposed.
The proposed use has adequate public facilities available, including streets and
utilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
The proposed use will not have an undue adverse impact on adjacent uses, provided
the standards in the Zoning Ordinance are complied with and all conditions of
approval are met.
(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 on the use by the
City Council.
Not applicable with this request. Site alteration is not proposed with this request.
(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 CUP approved by the City Council.
1:\02fi1es\02cup\galloway\pc report. doc
Planning Report - Galloway Retail Sales CUP
September 16,2002
Page 4
Not applicable with this request. Utilities are currently in place 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 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.
Specific conditions designed to mitigate potential impacts of the retail sales on
adjacent tenants with the building and properties are included. The proposed use will
have to proceed through the building permit approval process, which will ensure that
all requirements of the zoning ordinance and building code are met.
CONCLUSION:
The requested use is consistent with applicable provisions of the City Code and the
overall goals and objectives of the Comprehensive Plan. Furthermore, it appears as
though the retail sales will not interfere with the other office, warehouse, and gymnastics
school uses of the building, provided that conditions of approval are met. The proposed
retail sales will be operating hours typically opposite of office and warehouse uses.
Staff recommends approval of the conditional use permit request, subject to the following
conditions:
I. The applicant has 60 days from the adoption of the resolution by the City Council to
complete the required improvements and record the conditional use permit at the
Scott County Recorder's office. A building permit will not be issued until proof of
recording ofthe permit has been submitted to the City.
2. Retail sales shall be
a. an ancillary use to the warehouse space for this tenant.
b. limited to 600 square feet in floor area.
c. limited to Saturday from 10:00 a.m. to 5:00 pm. and Sunday from 12:00
p.m. to 5 :00 p.m.
3. Retail merchandise shall not be stored outside of the building, including in off-street
parking and loading areas.
4. Operation ofthe retail sales shall not be apparent from public rights-of-way.
1: \02fi1es\02cup\galloway\pc report. doc
Planning Report - Galloway Retail Sales CUP
September 16, 2002
Page 5
5. Customer parking shall be prohibited in the off-street loading areas. Parking shall be
limited to designated stalls on the north and east elevations of the building.
ALTERNATIVES:
1. Recommend approval ofthe CUP subject to the above conditions.
2. Table this item to a specific date, and provide the developer with direction on the
issues that have been discussed.
3. Recommend denial of the request.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the CUP subject to the listed
conditions.
ATTACHMENTS:
1. Location map
2. Applicant's letter
3. Site plan
4. Floor plan
5. Memorandum from Building Official
J:\02fiJes\02cup\galloway\pc report. doc
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20685 Lake Ridge Drive
Prior Lake.
MN 55372
Tel: 952-457-2114 (Cell)
16200 Eagle Creek Ave
S.E., Prior Lake.
MN 55372
RE: Case # 02-098 (Aoolication for Conditional Use Permit)
Dear Cynthia,
Thank you for your letter asking for additional details about my application
for a Condition Use Permit. I will attempt to answer your questions as best I
can though I would be only too pleased to answer any further questions or
concerns that you or the City may have. Please feel free to call me directly
on 952-457-2114.
Bali Karv LLC imports, distributes and wholesales hand crafted products
from Bali, Indonesia.
My application for a "Conditional Use Permit" to allow retail sales from the
warehouse came about through direct requests from previous clients, friends
and neighbors suggesting that it would be great if we could be open to the
public on a regular basis even just for a few hours per week. Based upon this
input, I thought that if I was able to retail on a Saturday (from lOam - 5pm)
and Sunday (12 noon - 5pm) this would suffice.
Products for sale are wide and varied and include large wooden carvings and
sculptures, garden accessories such as bamboo wind chimes, bird houses,
household decorations and accessories such as wall mirrors, wooden wall
masks, pottery, bamboo kites, picture frames, mobiles and chimes, painted
wood ornaments etc. An example of our high end wood carvings and
sculptures can be found on our internet site at http://balikarv .com
As previously stated these are all hand crafted in natural products and the
vast majority of the public have not been previously exposed to such items
in other retail stores or outlets.
APPLICANT'S LETTER
.
I do believe that I offer unique and different products for sale and that Bali
Karv would not be a threat to any other established local businesses as I do
not sell anything similar.
Our warehouse space is approximately 1184 square feet. Of that total space,
approximately half (that is 600 or so) would be available for the public to
walk around, though some of the proposed retailing display shelves,
particularly top shelves would also be used for storage of our goods with no
access to the public.
Thanking you, /.'
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MEMORANDUM
DATE:
SEPTEMBER 4, 2002
TO:
JANE KANSIER
FROM:
ROBERT D. HUTCHINS
RE:
GALLOWAY RETAIL SALES CUP PLAN REVIEW
Following are the results of the preliminary plan review for the Galloway retail sales
CUP. Our review was based on the Minnesota State Building Code (MSBC) which
adopted with amendments the 1997 Uniform Building Code (UBC) with handicap
regulations of the Minnesota Accessibility Code Chapter 1341 and with requirements of
the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997
Uniform Fire Code (UFC).
conditional use permit review:
1. Submit two set of building plans drawn to scale.
2. Indicate the type of occupancy or activity in each area of the space.
After the conditional use permit is approved:
3. Submit a building permit application.
4. If structural alterations are made, the alteration must be designed by a Structural
Engineer registered in the State of Minnesota. Minnesota Statutes 1800.5200.
5. A Service Availability Charge (S.A.C.) determination must be completed by the
Metropolitan Council Environmental Services. Contact Jody Edwards at
651.602.1113.
6. Provide on plan emergency lighting and exit signs. UBC 1003.2.8.
7. Provide fire extinguishers minimum 2A10BC rated, within 75 feet travel distance of all
areas. UFC 1002.
8. Provide a Handicap (HDCP) accessible route to a HDCP accessible toilet facility. The
accessible route to the primary functions area shall include toilet facilities or drinking
fountains serving the area of primary function. MSBC 1341.0405 Item K, Subitem 1.
9. Provide a Handicap (HDCP) accessible route to one HDCP parking stall with sign.
MSBC 1341.0403 Item E, Subitem 1.
10. Lavatories for each sex is required. UBC Table A-29-A.
II. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of
ventilation per occupant in the building.
12. Submit a Heating, Ventilation, Air-conditioning (HV AC) plan signed by a
Mechanical Engineer Registered in the State of Minnesota. May be submitted at a later
date. A mechanical permit is required. A Plumbing and a fire suppression permit may
be required. An Electrical permit is required from the Minnesota State Board of
Electricity.
13. If a sales counter is provided, a HDCP accessible horizontal counter space of 36" and
a maximum height of36" above the finished floor is required. MSBC 1341.0720
Subpart 1.
This is a preliminary review on concept plan only. Other code items will be addressed
when the preliminary plans are submitted.
2
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-
L:\TEMPLA TE\FILEINFO.DOC
NOTICE OF PUBLIC HEARING TO CONSIDER A CONDITIONAL USE
PERMIT TO ALLOW RETAIL SALES IN THE C-5 ZONING DISTRICT
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest
of the intersection of County Road 21 and Fish Point Road), on: Monday, September
23, 2002, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting a conditional use permit to allow
retail sales within warehouse space located in the C-5 (Business
Park) zoning district.
APPLICANT:
Janice Galloway
SUBJECT SITE:
5500 Cottonwood Trail, Prior Lake, MN, legally described as
That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott
County, Minnesota, described as follows:
Commencing at the Northeasterly corner of said Lot 1, Block 1, thence
North 62052'03" West (record bearing) along the Northeasterly line of said
Lot 1, Block 1, a distance of 309.07 feet to the point of beginning of the land
to be described; thence continuing North 62052'03" West a distance of 369.75
feet; thence South 31035'50" West a distance of 294.99 feet to the
Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along
said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East
a distance of 155.00 feet; thence North 59045'56" East a distance of 76.00 feet;
thence North 29045'56" East a distance of 64.00 feet; thence Northwesterly a
distance of 98.6 feet more or less, to the point of beginning, according to the
U.S. Government Survey thereof, Scott County, Minnesota.
If you are interested in this issue, you should attend the hearing. Questions related to
this hearing should be directed to the Prior Lake Planning Department by calling 447-
9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The
Planning Commission will accept oral and/or written comments.
Prepared this 3rd day of September 2002.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
Mailed to property owners within 350 feet of subject site on Septeniber 12, 2002.
L: \02FILES\02cup \Galloway\Mailed Notice.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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Information
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L:\TEMPLA TE\FILEINFO.DOC
-
16200 Eagle Creek Ave. S.E.
Prior Lake, Minnesota 55372-1714
ADDRESS CORRECTION REQUESTED
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NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
DAVID E. MOONEN
Phone: (952) 445-6246
Fax: (952) 445-0229
July 30, 2002
Apex Graphics
5500 Cottonwood Lane
Prior Lake, MN 55372
Attn: Charlie Anderson
To Whom it May Concern:
According to the 2002 tax records in the Scott County Treasurer's Office, the following persons
listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following
described property:
That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota,
described as follows:
Commencing at the Northeasterly comer of said Lot 1, Block 1; thence North 62 degrees 52
minutes 03 seconds West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a
distance of309.07 feet to the point of beginning of the land to be described; thence continuing
North 62 degrees 52 minutes 03 seconds West a distance of369.75 feet; thence South 31 degrees
35 minutes 50 seconds West a distance of294.99 feet to the Southwesterly line of said Lot 1,
Block 1; thence South 54 degrees 14 minutes 04 seconds East along said Southwesterly line a
distance of 402.15 feet; thence North 33 degrees 45 minutes 56 seconds East a distance of 155.00
feet; thence North 59 degrees 45 minutes 56 seconds East a distance of76.00 feet; thence North
29 degrees 45 minutes 56 seconds East a distance of64.00 feet; thence Northwesterly a distance
of98.6 feet, more or less, to the point of beginning, according to the U.S. Government Survey
thereof, Scott County, Minnesota. .
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David E. Moonen
President
Scott County Abstract & Title, Inc.
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MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
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COUNTY OF SCOTI )
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STATE OF MINNESOTA)
:~>{I\)THfA \L-t r~,HO~he City of Prior Lake, County of Scott, State of
Minnesota, being duly sworn, says on the J'd- day of 25EPT ,2002, she served
the attached list of persons to have an interest in the ~6-.tVNI 0LLP -
~ l- SALe::::; , by mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 2002.
NOTARY PUBLIC
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"-INNEV
NOTICE OF PUBLIC HEARING TO CONSIDER A CONDITIONAL USE
PERMIT TO ALLOW RETAIL SALES IN THE C-5 ZONING DISTRICT
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest
of the intersection of County Road 21 and Fish Point Road), on: Monday, September
23, 2002, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting a conditional use permit to allow
retail sales within warehouse space located in the C-5 (Business
Park) zoning district.
APPLICANT:
Janice Galloway
SUBJECT SITE:
5500 Cottonwood Trail, Prior Lake, MN, legally described as
That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott
County, Minnesota, described as follows:
Commencing at the Northeasterly corner of said Lot 1, Block 1, thence
North 62052'03" West (record bearing) along the Northeasterly line of said
Lot 1, Block 1, a distance of 309.07 feet to the point of beginning of the land
to be described; thence continuing North 62052'03" West a distance of 369.75
feet; thence South 31035'50" West a distance of 294.99 feet to the
Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along
said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East
a distance of 155.00 feet; thence North 59045'56" East a distance of 76.00 feet;
thence North 29045'56" East a distance of 64.00 feet; thence Northwesterly a
distance of 98.6 feet more or less, to the point of beginning, according to the
u.s. Government Survey thereof, Scott County, Minnesota.
If you are interested in this issue, you should attend the hearing. Questions related to
this hearing should be directed to the Prior Lake Planning Department by calling 447-
9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The
Planning Commission will accept oral and/or written comments.
Prepared this yd day of September 2002.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
Mailed to property owners within 350 feet o/subject site on September 12,2002.
.
L:\02FILES\02cup \Galloway\Mailed Notice.doc
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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