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Home My WebLink About5B - EP# 06-182 & 183 VIVUS Archit. AGENDA ITEM: SUBJECT: PREPARED BY: PUBLIC HEARING: CASE FILE #: DATE: INTRODUCTION: PLANNING REPORT 5B PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A MOTOR VEHICLE SERVICE AND REPAIR SHOP IN THE C-4 (GENERAL BUSINESS) ZONING DISTRTICT. DANETTE MOORE, PLANNING COORDINATOR X YES NO-N/A EP 06-182 NOVEMBER 13, 2006 VIVUS Architecture and Design is requesting a Conditional Use Permit on behalf of Midwest Transmission to allow a motor vehicle service and repair use to be located at 16783 Toronto Avenue. The site is located at the southeast intersection of Toronto Avenue and Park Nicollet Avenue. The site is currently occupied by a 5,162 square foot vacant building and parking area. The property is zoned C-4 (General Business). Motor Vehicle Service and Repair uses are permitted with a Conditional Use Permit in the C-4 district, subject to the following conditions: Motor Vehicle Service, Repair. Conditions: a. No public address system shall be audible from any property located in an "R" Use District. b. 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 an "R" Use District. f. A bufferyard, as determined by subsection 1107.2003, shall be c:\program files\microsoft office\office11\pc report-cup.doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 provided along any abutting an "R" Use District. g. A car wash shall have parking space to permit the stacking of at least 30 cars or the maximum number of vehicles which can be washed during a 30 minute period, whichever is greater; plus an additional 1 0 off-street parking spaces for employees and storage of employee owned and washed cars. h. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service doors to the facility remain closed at all times. (Amd. Ord. 0113-pub.11/10/01). i. Drainage and surfacing plans for a car wash shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal facilities to be employed to accomplish dust, salt and other chemical and mud abatement on the premises and prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the premises. j. A car wash shall have all parking and paved areas meet the drainage, design and landscaping provisions of subsection 1107.200. k. No ingress or egress points for a car wash shall be closer than 150 feet from the point of intersection of the required front and side yard lines adjoining intersecting streets. The exit door from the car wash shall be at least 45 feet from the public right-of-way. Drainage shall be away from the public street at the egress points to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door, and said floor shall be sloped to an accepted interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of way. I. Automatic car washes accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress and egress driveways on the site or driveways providing access to gasoline pumps, service bays or required off- street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. All other provisions in subsections 1102. 1203(3a) through 1102.1203(3j) above shall apply to automatic car washes, except that no additional off-street parking spaces shall be required for an automatic car wash and ingress or egress to an automatic car wash may be permitted within 150 feet of the point of intersection of the c:\program files\microsoft office\office11\pc report-cup.doc 2 required front and side yard lines subject to the limitations of subsection 1102. 1203(3j). PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site is approximately .32 acres. Existina Use: A 5,162 square foot vacant building and parking lot currently occupy the site. Toooaraohv: The site is relatively flat. The site was graded previously. Wetlands: There are no wetlands located on the site. Access: Access to this property is from Toronto Avenue and Park Nicollet Avenue. Adiacent Existina Uses. land Use. and Zonina: Existing Use land Use Zoning Designation West South Lake Village C-CC Community C-4 Mall Retail Shopping East Vacant Land Right-of-way, C-CC Right-of-way, C-4 North Hollywood's Right-of-way, C-CC Right-of-way, C-4, Restaurant South Residential R-HD High Density R-4 Apartments Residential ANALYSIS: The applicant is requesting approval of a CUP to allow motor vehicle service and repair within the existing building on the site. No modifications are proposed to increase or alter the footprint of the existing building. The applicant will be updating the interior of the building to bring the structure into compliance with the International Building Code. In addition, the applicant has indicated that the structure will be painted and the trash enclosure replaced. The interior configuration and use of the building will be largely unchanged from how it has been used by its most recent tenants (On-Site Engineering and Wreck-A-Mended Auto Body). The applicant is proposing to use 693 square feet of the building for office and accessory uses (kitchenette, bathrooms, and a waiting/reception area) and 4,357 square feet of the building for seven (7) service bays and accessory uses. c:\program files\microsoft office\office11\pc report-cup.doc 3 Parkinq;, The Zoning Ordinance requires a total of 31 parking spaces (four (4) parking spaces for each service bay and one (1) parking space for every 250 square feet of office area). The site plan provides 17 spaces and will need a variance for fourteen (14) spaces to comply. Storm Water: Storm water infiltration needs have previously been addressed when the site was first developed. No changes to the current drainage patterns are proposed. Sians: The applicant has a sign company that is currently working with staff to receive sign permits in the future for wall signage that will comply with Code requirements. All proposed signage will need to meet the Code requirements related to the C-4 district and will need a sign permit. LandscaDina: Due to the nonconformities of the site, there are limited locations for landscaping. The applicant has indicated that shrubs will be installed on the southern side of the structure, adjacent to the high density residential property. The proposed plan will need to be revised to reflect the proposed landscaping as part of the site plan application and building permit application. liahtina: No lighting changes are proposed as a part of the CUP application. Reflected glare or spill light shall not exceed a 1.0 foot-candle at the property line when the source of light abuts any commercial or industrial parcel. Outdoor Storaae: No outdoor storage is proposed. CONDITIONAL USE PERMIT FINDINGS: Section 1108.200 of the City Code sets forth the general criteria utilized to review a CUP application. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. An objective of the Comprehensive Plan is to "maintain high standards in the promotion and development of commerce and industry." Midwest Transmission is consistent with the goals, objectives, and policies of the Comprehensive Plan provided it compiles with the conditions of approval. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. c:\program files\microsoft office\office11\pc report-cup.doc 4 (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 of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. The purpose of the C-4 use district is to "provide an area for commercial uses that due to their size and characteristics are not appropriate to other business districts. These types of uses are generally larger and more intense, and are characterized by a greater need for parking, generation of large volumes of traffic, greater signage and lighting." The applicant will be utilizing the existing vacant structure and parking area, which are smaller in scale than the adjacent commercial buildings. The existing building and proposed use may be viewed as an appropriate transition to the adjacent residential district. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. So long as all conditions of approval are adhered to, the use will not over burden municipal 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 Zoning Ordinance places conditions on motor vehicle service and repair uses in the C-4 Zoning District to protect adjacent uses. Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity. (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 Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The site plan is unchanged and no additional landscaping is being proposed. (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. c:\program files\microsoft office\office11\pc report-cup.doc 5 No drainage or utility modifications are being proposed. The site utilities that exist on the site will remain unchanged. (8) The use is subject to such other additional conditions which the Planning Commission 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 Planning Commission 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 Planning Commission. The Planning Commission may revise recommended conditions or attach additional conditions, as they deem appropriate to protect the general welfare, public safety, and neighborhood character. CONCLUSION Overall, staff believes the Conditional Use Permit request to allow motor vehicle service and repair on the site is consistent with the intent of the C-4 Zoning District, provided conditions of approval are met. Based upon the findings set forth in this report, staff recommends approval of the Conditional Use Permit. In order to meet the above-listed criteria, the Planning staff recommends the following conditions: 1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission approval. 2. A sign permit application must be submitted to the City prior to the installation of any signage on the site. 3. All deliveries to the site shall be limited to shop hours. 4. No storage or overnight parking will be allowed outside the confines of the structure. 5. The parking area must be striped. 6. Site Plan approval must be given prior to any building permit issuance. 7. All conditions listed in Section 1102.1203(3) of the Zoning Ordinance shall be met. ALTERNATIVES: 1. Approve the CUP with conditions as recommended or any other conditions the Planning Commission feels are warranted. c:\program files\microsoft office\office11\pc report-cup.doc 6 2. Deny the CUP. In this case, the Planning Commission should be specific about findings of fact. 3. Continue the request to a specific date and direct the applicant to provide the necessary additional information. RECOMMENDATION: The Planning staff recommends approval of the CUP subject to the listed conditions. ACTIONS REQUIRED: A motion and second to approve Resolution 06-17PC approving a Conditional Use Permit to allow motor vehicle service and repair in the C-4 Zoning District, subject to the listed conditions. ATTACHMENTS: 1 . Resolution 06-17PC 2. Location Map 3. Applicant's Site Plan c:\program files\microsoft office\office11\pc report-cup.doc 7 MIDWEST TRANSMISSION Location Map w ~ ~. ,~ I Elw LWJJJJ / r 'JCDvWJllJJJ! I I I I I / AN :LL14+--LLWJJLV I I /I I I .,., ~~ 'I .~ Property Location am<?>.' ,'" I' '<0, .u ~ :J ~ ,. ~ T(')\II{=R ~T ~ J~~ '~I \ IIII~ r \.\ 11/ ,I I I ~ D ~~. ~ J ^ ;-1;;250 500 750 " \\ Feet 1,000 WALL SIGN uJ ::> z uJ ~ o 'Z o (t. o \- .; r o (fW~ 'L __I . I I .I "BAY 2" I WALL SIGN- J WEST SHOP 38'.1"1t34'-9" Jl U <" I . (1)H.C. SPACE ~(~':: ~ i"--'~ I ~ ~^ -L uuuu o RECEPTION I WAITING 2T-10" x 22'-8" < OFFICE 1 "-8".10"..f" SITE PLAN A 1/16"=1'0" LNJ ~ Co ~ {- 18;,0" --. ' CIl W ~ a. CIl (!) z 2 0:: ~ e " }' 20'-0" =+ ' 1'-(1- NEW TRASH -t:::l ' ENCLOSURE - J ~- I &13"' o I ~- ~DI --] I I I '\\ I L ~ --.J I LJV":.G"~i o I I _ _EAST._ SHOP ..'.,....'.,. ~. A ~t&~".... "BAY 7" ~ "-/ "BAY 6" (j 01 o I ') IlII!IU I ~ BATH ...'....-1r UTIUlY - r-rltl'-1'" I . - lMNG AREA 1Dnlqft This sije plan is based on a drawing by WSB Associates, dated 7 Feb 2002. On-site observation and measurements were used to more aocurately represent existing conditions. These observations and measurements were not made by a licensed land surveyor. architecture + design VIVUS 101 east fiflh street #204 northfield mn 55057 507.645.9020 VNNi. vivusarchiteclure.com date: 2006-10-12 by: ps chk: ps file: mtran0601 CONDITIONAL USE PERMIT APPLICATION MIDWEST TRANSMISSION SERVICE 16783 Toronto Avenue Prior Lake. MN 55372 al ~~ = architecture + design V I VU S 101 eastllllh IIlreelI204 IlOf1hfleId mn 55057 507.645.9020 _.viwa8rchlleclul8.com = = p ~ ~ = :I:= 0 ~ll mID € z ~- Q..b 0:::;'- o II 0= ..J!!e u..~ } m~@~DW~-;JJ- !Ull 0 Cl 1 {l Z006 ~ CONDITIONAL USE PERMIT APPLlCtTJ.OIII II '" MIDWEST TRANSMISSION SERVICE a~ 16783 Toronto Avenue Pl10r lake, MN 55372 dale: 2006-10-12 by: ps chk: ps file: mtran0601 = = . ~= ::ill I-on ~... = [DTJ I-Q.ll enO L5 :I: N en8 II '" r L II . ,1-' 1"' """ L,..J ! ",,--v II bs EO~ l / ~' 3.113N3H01.l)j' . ~ 1'\ ~~ 'I~ ~ 0:::00 ~~ wi= Q~ !too o z Q c>= ti:~ll w!:::lO ~~... 0:::_ I v w= S:2ll LL.", LL.o 0.... ~ '....J r 24'-1" 60'.0" ~ PRI~ ~~~ 16200 Eagle Creek Avenue S.E. 'iJ W'" PrIor Lake, MN 55372-1714 ~ CONDITIONAL USE PERMIT RESOLUTION 06-17PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SERVICE AND REPAIR IN THE C-4 (GENERAL BUSINESS) ZONING DISTRICT MOTION BY: SECOND BY: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 13,2006, to consider an application from VIVUS Architecture and Design for a Conditional Use Permit (CUP) to allow motor vehicle service and repair; 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 CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP; and WHEREAS, The Planning Commission approved the CUP with specific conditions; 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 CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: Section 1108.200 of the City Code sets forth the aeneral criteria utilized to review a CUP aODlication. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. An objective of the Comprehensive Plan is to "maintain high standards in the promotion and development of commerce and industry." Midwest Transmission is consistent with the goals, objectives, and policies of the Comprehensive Plan provided it compiles with the conditions of approval. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. (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. L:\06 FILES\06 CUP'S\Midwest Transmission\resolution.DOC . f . I k WWW.cltyopnorae.com Page 1 Phone 952.447.4230 1 Fax 952.447.4245 The purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. The purpose of the C-4 use district is to "provide an area for commercial uses that due to their size and characteristics are not appropriate to other business districts. These types of uses are generally larger and more intense, and are characterized by a greater need for parking, generation of large volumes of traffic, greater sign age and lighting." The applicant will be utilizing the existing vacant structure and parking area, which are smaller in scale than the adjacent commercial buildings. The existing building and proposed use may be viewed as an appropriate transition to the adjacent residential district. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. So long as all conditions of approval are adhered to, the use will not over burden municipal 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 Zoning Ordinance places conditions on motor vehicle service and repair uses in the C-4 Zoning District to protect adjacent uses. Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity. (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 Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The site plan is unchanged and no additional landscaping is being proposed. (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. No drainage or utility modifications are being proposed. The site utilities that exist on the site will remain unchanged. (8) The use is subject to such other additional conditions which the Planning Commission 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 Planning Commission 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 Planning Commission. The Planning Commission may revise recommended conditions or attach additional conditions, as they deem appropriate to protect the general welfare, public safety, and neighborhood character. The Conditional Use Permit is hereby approved on the property legally described as follows: 16783 Toronto Avenue, Prior Lake, MN, legally described as: Sect 02, Twp 114, Range 022, .50 acre S 200' OF TRACT: PIO W Y2 SE 114 COM PT ON ELINE W Y2 SE 114 977.13' N OF SE COR, W 700' TO POB, W 150', N 587.20' TO S ROW HWY, NE TO PT N OF POB< S 697.87' TO POB EX W 25' EX PIO LYING N OF LINE COM SW COR ABOVE TRACT, N 102.3' TO POB, CURVE SE 127.06', N 79-15-49 E 11.13' TO E LINE OF ABOVE PARCEL 61.23' S OF NE COR OF ABOVE PARCEL & THERE TERM, Scott County, Minnesota. L:\06 FILES\06 CUP'S\Midwest Transmission\resolution.DOC Page 2 a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission approval. b) A sign permit application must be submitted to the City prior to the installation of any signage on the site. c) All deliveries to the site shall be limited to shop hours. d) No storage or overnight parking will be allowed outside the confines of the structure. e) The parking area must be striped. n Site Plan approval must be given prior to any building permit issuance. g) All conditions listed in Section 1102.1203(3) of the Zoning Ordinance shall be met. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit for motor vehicle service and repair in the C-4 district. The contents of Planning Case Files # EP06-182 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 13th day of November, 2006. Vaughn Lemke, Commission Chair ATTEST: Jane Kansier, Planning Director L:\06 FILES\06 CUP'S\Midwest Transmission\resolution.DOC Page 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING REPORT I AGENDA ITEM: SUBJECT: 5B j CONSIDER A VARIANCE TO THE REQUIRED NUMBER OF PARKING STALLS FOR A MOTOR VEHICLE SERVICE AND REPAIR SHOP AT 16783 TORONTO AVENUE DANETTE MOORE, PLANNING COORDINATOR I X YES NO-N/A I NOVEMBER 13, 2006 I 06-183 PREPARED BY: I PUBLIC HEARING: I DATE: I CASE FILE: INTRODUCTION VIVUS Architecture and Design is requesting a variance on behalf of Midwest Transmission to allow reduced parking requirements for a motor vehicle service and repair shop to be located at 16783 Toronto Avenue. The variance is necessary to allow for a reduced number of parking spaces from what is required by Section 1107.304 of the Zoning Code, which requires four (4) parking spaces for each service bay and one (1) parking space for every 250 square feet of office area. The property is zoned C-4 (General Business) and is guided C-CC (Community Retail Shopping) on the 2020 Comprehensive Plan Land Use Map. Currently, a 5,162 square foot vacant building and parking lot exist on the site. BACKGROUND In 2002 the City purchased approximately 7,958 square feet of the subject property to provide land area for the creation of Park Nicollet Avenue (previously referred to as the Ring Road). At that time, a portion of the parking area was lost to the future roadway. The uses within the building at that time were an engineering firm (On-Site Engineering) and an auto body repair shop (Wreck-A-Mended Auto Body). DISCUSSION The applicant proposes to utilize the existing building for a motor vehicle service and repair shop. However, the parking area is insufficient to meet the Code requirements of four (4) parking spaces for each service bay and one (1) parking space for every 250 square feet of office area, equaling 31 necessary parking spaces (28 spaces for the service bay area and 3 spaces for the office area). The site plan (attached) provides 17 parking spaces, with a variance request of fourteen (14) parking spaces. The applicant has indicated that Midwest Transmission will not have a need for more than 17 parking spaces to accommodate their three to four staff members and customer parking needs. 1:\06 files\06 variances\midwest transmission\pc report 2.doC;; www.cityotpriorlake.com Phone 952.447.4230 1 Fax 952.447.4245 ANAL YSIS Variance Hardship Findings Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning Ordinance, provided that: 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. A portion of the previous parking area was lost due to land acquisition on the part of the City to allow the realignment of an adjacent roadway. The loss of land area made the site nonconforming as a result of a government action, and thus justifies a legal hardship (Section 1107.2303(3)). 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The nonconforming building and parking area are unique in respect to their limited size and the resulting reconfiguration of the lot at the time of the roadway realignment of Park Nicollet Avenue. 3. The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The granting of the variance is necessary for the preservation and enjoyment of a reasonable use of the property. 4. The granting of the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. Provided all conditions are abided by, granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety . 5. The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The granting of the variance will not impact the character and development of the area. The site will remain unchanged from how it has previously been used. Provided all conditions of approval are abided by, staff does not believe the granting of a parking variance would impair the health, safety, and comfort of the area. 1:\06 files\06 variances\midwest transmission\pc report 2.doc 2 6. The granting of the proposed variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the variance will not alter the existing structure or parking area and will not intensify the nonconformities of the site. Staff believes that with the conditions detailed in this staff report, the proposed variance will not be contrary to the intent of the Ordinance or the Comprehensive Plan. 7. The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. Granting the variance will not merely serve as a convenience to the applicant, but rather is necessary to alleviate an undue hardship due to a previous loss of land area for road improvements. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The hardship is based on the site losing land area due to necessary road improvements to serve the public good. The loss of land area and reduced parking is no result of actions taken by the applicant. The site plan is unchanged from its previous layout and will fully utilize the existing parking area. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a variance. Staff does not believe that increased development or construction costs or economic hardship are the basis of this request. STAFF RECOMMENDATION Staff recommends approval of the variance request with the following conditions: 1. This 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 Planning Department prior to the issuance of a building permit. 2. Site Plan approval is required prior to the issuance of any building permits. 3. All parking spaces must meet Zoning Code requirements as specified in Section 1107.204 and be striped accordingly. 4. No overnight parking of vehicles in the parking lot for storage purposes shall be allowed. 5. The building permit is subject to all other applicable city, county, and state agency regulations. 1:\06 files\06 variances\midwest transmission\pc report 2.doc 3 ALTERNATIVES 1. Approve the variance requested by the applicant with the listed conditions, or approve any variance the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. ACTION REQUIRED This request requires the following motions: · A motion and second adopting Resolution 06-16PC approving a variance allowing reduced parking requirements (Section 1107.304 of the Zoning Code) for a motor vehicle service and repair establishment. ATTACHMENTS 1. Location map 2. Site Plans 3. Resolution 06-16PC 1:\06 files\06 variances\midwest transmission\pc report 2.doc 4 MIDWEST TRANSMISSION Location Map I' I "I I '~-LL1JJJJlJ/ J I I I I Iql -' ~I ~. I~ ~_UWillUI r J[Ovmll -1/ I ~~~ Property Location ~ 0>.. ' I' I ~ lJ ~ :J ~ Tn\fjjT=R ~T _________ J @' ~ I I I IJ= r I \_ \ I I / I III : ~ N ~ Uj ~~ ./\ JR ~1;;25O 500 750 hd '" I ~ If Feet 1,000 ~'\I~ o\,\,~~ ~~\G ~~~ I I ~ ] ! I I I b\/ I t 8'-6" .;. _ -- -I (8) PARKING SPACES _ -- I I ~ ~.J \ ~fQp..c,'l.. - .,/"" ST:.~ - ,/ WALL SIGN ~ / ~/y uJ :J Z uJ ~ o 'Z ~ o \- "" 0 r . I I (t1~~J I ~ WALL SIGN=.L - - _I . (1)H.C. SPACE (/>) I ~ I'.. -'- uuuu o RECEPTION I WAITING 2T_10"r.22'.f" <..' ..~~;~ l SITE PLAN --- 1/16"=1'0" L NJ .': 20'.0. =f NEW TRASH i ~ ENCLOSURE r-- I lMNG AREl 1 = - I~' I ~D I 0 I ~- I ~DI - -~~- _ -_ J ....,.....~.,. ~~Y5. 0 I "BAY 7" . 0 I ~ "BAY 6" ~ I] 0 tj I I I .I "BAY 2" I I I I ~ I L ~ ---l ~ 00 ~ 'L .18'.o"_--=-,' en w ~_._-.U~ ~ en (!) z 52 cr ~ € " UTILITY r-r.S'.11- ') u.!JU I BATH ...'......1r I~ . WEST SHOP ."'"1<34'", -' D ~ LMNG AREA 1077 Ml II This site plan Is basad on a drawing by WSB A-';"'__, dalad 7 Fab 2002. On-site observation and measurements were used to more accurately represent existing conditions. These observations and meesurements were not made by a licensed land surveyor. architecture + design V I VU S 101 east fifth street #204 northfield mn 55057 507.645.9020 www.viyusarchitecture.com data: 2006-10-12 by: ps chk: ps file: mtran0601 CONDITIONAL USE PERMIT APPLICATION MIDWEST TRANSMISSION SERVICE 16783 Toronto Avenue Prior Lake, MN 55372 al ~~ '. 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U tfl Prior Lake, MN 55372-1714 ~ RESOLUTION 06-16PC A RESOLUTION APPROVING A PARKING VARIANCE OF 14 SPACES FROM THE REQUIRED 31 PARKING SPACES FOR A MOTOR VEHICLE SERVICE AND REPAIR SHOP WITHIN THE C-4 ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. VIVUS Architecture and Design is requesting a variance from the zoning ordinance to allow a reduction in the number of parking spaces required for a motor vehicle service and repair shop in the C-4 (General Business) Zoning District at the following location: 16783 Toronto Avenue, Prior Lake, MN, legally described as: Sect 02, Twp 114, Range 022, .50 acre S 200' OF TRACT: PIO W ~ SE ~ COM PT ON ELINE W ~ SE ~ 977.13' N OF SE COR, W 700' TO POB, W 150', N 587.20' TO S ROW HWY, NE TO PT N OF POB< S 697.87' TO POB EX W 25' EX PIO LYING N OF LINE COM SW COR ABOVE TRACT, N 102.3' TO POB, CURVE SE 127.06', N 79-15-49 E 11.13' TO E LINE OF ABOVE PARCEL 61.23' S OF NE COR OF ABOVE PARCEL & THERE TERM, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #06-183 and held a hearing thereon on November 13,2006. 3. The Board of Adjustment has considered the effect of the proposed variances 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. To utilize the existing configuration of the lot with its current nonconforming features, a variance appears warranted. 5. A portion of the previous parking area was lost due to land acquisition on the part of the City to allow the realignment of an adjacent roadway. The loss of land area made the site nonconforming as a result of a government action, and thus justifies a legal hardship (Section 1107.2303(3)). 6. The granting of the variance is necessary for the preservation and enjoyment of a reasonable use of the property. 1:\06 files\06 variances\midwest transmission\variance resolution.doc www.cityofpriorIake.com 1 Phone 952.447.4230 1 Fax 952.447.4245 7. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. 8. The granting of the variances will not impact the character and development of the area. 9. The nonconforming building and parking area are unique in respect to their limited size and the resulting reconfiguration of the lot at the time of the roadway realignment of Park Nicollet Avenue. 10. Granting the variance will not merely serve as a convenience to the applicant, but rather is necessary to alleviate an undue hardship due to a previous loss of land area for road improvements. 11. The hardship is based on the site losing land area due to necessary road improvements to serve the public good. The loss of land area and reduced parking is no result of actions taken by the applicant. The site plan is unchanged from its previous layout and will fully utilize the existing parking area. 12. Staff does not believe that increased development or construction costs or economic hardship are the basis of this request. 13. The contents of Planning Case #06-183 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 following variance: 1. A variance from the required 31 parking spaces to allow 14 spaces for a motor vehicle service and repair shop in the C-4 Zoning Use District. The following conditions shall be complied with prior to the issuance of a building permit for construction on the subject site: 1. This 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 Planning Department prior to the issuance of a building permit. 2. Site Plan approval is required prior to the issuance of any building permits. 3. All parking spaces must meet Zoning Code requirements as specified in Section 1107.204 and be striped accordingly. 4. No overnight parking of vehicles in the parking lot for storage purposes shall be allowed. 5. The building permit is subject to all other applicable city, county, and state agency regulations. 1:\06 files\06 variances\midwest transmission\variance resolution.doc 2 Adopted by the Board of Adjustment on this 13th day of November, 2006. ATTEST: Vaughn Lemke, Commission Chair Jane Kansier, Planning Director 1:\06 files\06 variances\midwest transmission\variance resolution.doc 3