HomeMy WebLinkAbout10D - JOe Chesmer Build. Permit - 16161 Main Ave
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 19, 1998
IOD
JENNI TOVAR, PLANNER J czr
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 98-XX
APPROVING AN EXEMPTION FROM THE DOWNTOWN
MORATORIUM TO PERMIT THE ISSUANCE OF A
BUILDING PERMIT FOR JOE CHESMERAT 16161 MAIN
AVENUE
Historv: On September 15, 1997, the City Council adopted Ordinance.
97 -16, an interim ordinance placing temporary restrictions on the
issuance of building permits in Downtown Development District No.
1. This interim ordinance was extended on September 8, 1998 to
prohibit the issuance of certain building permits in the district until
March 21, 1999 or until a new Zoning Ordinance is effective. As of
today, the moratorium remains in effect.
The purpose of the moratorium in Downtown Development District
No.1 is to allow for study of desired uses and architectural standards
and zoning criteria. The Downtown Redevelopment Task Force has
recommended changes which have been incorporated into the
proposed revised Zoning Ordinance, yet to be adopted.
The moratorium prohibits the issuance of building permits for
construction within the area identified as Municipal Development
District No.1, except for the following activities:
. Normal repair and maintenance, such as repairs to
plumbing, electrical systems, insulation, reroofing, and
installation of replacement heating and air conditioning units.
. Repairs and alterations necessary to keep a structure in a
safe and habitable condition, such as rewiring/updating to
comply with electrical codes, installation of heating and air
conditioning units, and structural alterations necessary for the
safety of the building.
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162 '0 Eagle Creek Ave. ~.E., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
· Interior alterations that do not involve a change in use of
the building, or a change in the exterior appearance of the
building.
· The construction of the public library/resource center.
Current Circumstances: On October 5, 1998 the city became aware
of work being done without a permit on property located at 16161
Main Avenue (J& B Furniture). The property owner was rehabilitating
the interior and intending to apply for the necessary demolition permit
and building permit for the reconstruction ofthe interior (walls). Mr.
Chesmer intends to convert the furniture store into a realty office.
Offices are permitted in the B-2 Zoning District. However, due to the
moratorium, staff cannot issue a building permit for the change in use
or for structural alterations that are not necessary for the safety of a
building.
In his letter dated October 5, 1998, Mr. Chesmer lists the work to be
completed to occupy the structure as intended. A building permit is
required for the interior alterations including the structural alterations,
framing, windows, and bathroom. A permit is not necessary for
painting, wallpapering, carpeting, or minor repairs to the deck. A
building permit is also not required for the proposed exterior painting,
wall signs (separate sign permits required), or parking lot paving.
The Issues: The Council must determine if the proposed change in
use or granting of a building permit is contrary to the intent of the
moratorium. Considering much of the interior work and exterior work
can be done without a permit (painting, decorating) and the proposed
use is consistent with existing and proposed uses as established by the
Downtown Steering Committee, staff is of the opinion that the
issuance of a building permit for the change in use and interior
alterations is not contrary to the intent of the moratorium or the
recommended Downtown Standards.
Conclusion: The requested exemption to issue a permit in the
Downtown Development District No.1, for which there exists a
moratorium, is consistent with the goals and criteria of the standards
set forth in the Downtown Steering Committee's recommendations of
proposed uses and zoning and architectural standards.
Budf!et Imoact: There is no budget impact with the approval of this
request.
The City Council has three alternatives:
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RECOMMENDED
MOTION:
REVIEWED BY:
1. Adopt Resolution 98-XX approving the exemption from the
moratorium as requested.
2. Deny Resolution 98-XX.
3. Defer this item and provide staff with specific direction.
Motion and second to approve Resolution 98-XX approving the
exemption from the moratorium and allowing the issuance of a
building permit for the proposed interior alterations for Joe Chesmer
on property located at 16161 Main Avenue.
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RESOLUTION 98-XX
RESOLUTION APPROVING AN EXEMPTION FROMl.1::1.Ji; DOWNTOWN
MORATORIUM TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR JOE
CHESMERAT 16161 MAIN AVENUE
BY: SECOND BY:
WHEREAS, On September 15, 1997. the City Council passed an interim ordinance placing
restrictions on the issuance of building permits within Downtown Development
District No. I. The ordinance is in effect until March 21, 1999 or until a new
Zoning Ordinance is effective; and
WHEREAS, Joe Chesmer is proposing to change the use of a property and complete interior
alterations requiring a building permit on property located within Downtown
Development District No.1; and
WHEREAS, Joe Chesmer has requested the City Council consider a request granting an
exemption to the moratorium such that he can proceed with his renovation of
the building; and
WHEREAS, on October 19, 1998, the City Council considered Mr. Chesmer's request for an
exemption to the moratorium and its effect on the intent and scope of the
moratorium and recommendations from the Downtown Steering Committee.
NOW T.l:lEREFORE, BE IT RESOLVED BY l.1::1.Ji; CITY COUNCIL OF PRIOR LAKE,
an exemption to Ordinance 98-14 Downtown Moratorium is granted to permit a change in
use and the issuance of a building permit for Joe Chesmer to convert the property located
at 16161 Main Avenue into an office use as stated in his letter dated October 5, 1998
(Exhibit A). The findings for an exemption are:
1. The proposed use is consistent with uses recommended by the Downtown
Steering Committee and implemented in the proposed Zoning Ordinance.
2. Interior and exterior alterations such as painting, wallpapering, carpeting, and
minor repairs do not require building permits and would otherwise be allowed to
occur.
3. The building permit required for the proposed alteration is for interior work
only, some structural and some non-structural alterations.
Passed and adopted this 19th day of October, 1998.
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16200 Eagle Creek Ave. S.L, Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
YES
I MADER
I KEDROWSKI
PETERSEN
SCHENCK
WUELLNER
MADER
KEDROWSKI
PETERSEN
SCHENCK
WUELLNER
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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EXHIBIT A
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Joe Chesmer
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October 5, 1998
City of Prior Lake Planning Department / City Council
16200 Eagle Creek Ave
Prior Lake, MN 55372-1714
RE: Exemption from Moratorium on Downtown Building permits issuance for 16161 Main Ave
To whom it may concern:
I am in the process of opening a RE/MAX Real Estate office at 16161 Main Avenue at the old J&B Furniture
store building. Jeny & Bonnie Maxwell the fonner owner's have decided to retire. From talking to them and
other neighbors I assumed locating my REIMAX office there would not be a problem so I went ahead and began
demolition unaware of the current Moratorium on building permits. The building now is gutted and ready for
improvement.
I fully realize I should have investigated all of this before proceeding but in my eagerness to meet my opening day
of December 1 st, I inadvertently put myself, the planning department and the City Council in this position.
The fact is, this building, currently has many problems both structural and aesthetic that need immediate attention.
If I granted this exemption, all will be addressed.
Here is what the exemotion would entait
· Change in use from Class "M" (retail) to Class "B" (office)
· Structural improvements including sufficient beam support, correct framing, insulation, electrical, plumbing
and heating all brought to code
· Exterior deck repair / replacement for safety and aesthetics
· Addition of interior walls to include private offices, reception area and conference room
· Change of bath. Vvm to meet AD.A requirements
· Addition of Windows for looks, light and ventilation
· New paint (int. & ext.), carpet, furniture and decoration
· New professional signage front (4' x 8') and rear (2' x 4') or other sizes to meet current restrictions
· Addition of off street parking to accommodate 1st year occupancy (see attached site plan)
RF..hM1l< Main Line Realty
16161 Main Avenue
Prior Lake, MN 55372
Office: 612-226-6246
Fax: 612-226-6245
E-Mail: jchesmer@remax.net
Each Office Independently Owned and Operated
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(QUAL HOUSING
OPPORTUNITY
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OCT - 6 /qgg
October 5,1998
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As you can see what I propose will not only repair and improve, 16161 Main Avenue but will add a growing
business to the downtown area as well. In order to accomplish the above items, I need this exemption ASAP. so
I can proceed.
If anyone has any questions regarding this matter before the October 19th, City Council meeting please feel free to
call me at anytime.
Sincerely,
({)tL~
Joe Chesmer
Owner I Broker
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CITY OF PRIOR LAKE
ORDINANCE NO. 98-14
AN ORDINANCE AMENDING ORDINANCE 98-02 BY EXTENDING T.I::1.E DURATION
OF THE MORATORIUM ONl.1::1.Ji; ISSUANCE OF BUll..DING PERMITS IN
MUNICIPAL DEVELOPMENT DISTRICT NO.1
The City Council of the City of Prior Lake does hereby ordain:
SECTION 1- BACKGROUND
1. On September 15, 1997, the City Council adopted Ordinance 97-16, an interim ordinance
placing temporary restrictions on the issuance of building permits in Downtown
Development District No.1.
2. On March 2, 1998, the City Council adopted Ordinance 98-02 extending the interim
ordinance until September 21, 1998.
3. Ordinance 97-16 and Ordinance 98-02 were adopted to allow time for a study of
redevelopment options, development of plans and formulation of recommendations to the
City Council by the Downtown Steering Committee.
4. Ordinance 97-16 and Ordinance 98-02 were also adopted to allow time for the appropriate
recommendations to be incorporated into the proposed new Zoning Ordinance.
5. The Downtown Steering Committee completed its work in June, 1998, but has also
recommended additional study.
6. The tentative time schedule for review and adoption of the Zoning Ordinance by the City
Council contemplates that the ordinance will not be adopted and effective until January of
1999.
SECTION 2. FINDINGS
The City Council finds the following:
1. There is a need to extend the duration of the moratorium on the issuance of building permits
in Downtown Development District No. 1 to allow for additional study and to make any
desired changes in the proposed Zoning Ordinance prior to its adoption.
2. There is also a need to amend the existing interim ordinance to allow issuance of a building
permit for the public library/resource center. This structure is consistent with the general
design guidelines recommended by the Downtown Redevelopment Task Force and by the
regulations proposed as part of the new Zoning Ordinance.
3. Pursuant to Minnesota Statutes Chapter 462.355, Subd. 4, an extension of the moratorium for
an additional 6 months to February 21, 1999 is necessary to protect the planning process.
4. All other provisions of Ordinance 97-16 should remain in full force and effect.
16200 ~~f~le~~d1fJ~~i~:r?,9tJM~cLake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612j~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
r
SECTION 3. AMENDMENT
SECTION 3. Scone of the Moratorium.
3.01 A moratorium on the issuance of building permits in the area identified as
Municipal Development District No. 1 is adopted pending completion of the Downtown
Redevelopment Steering Committee study and the adoption of appropriate amendments
to the City's zoning ordinance. During the term of this moratorium, no building permits
will be issued for construction within the area identified as Municipal Development
District No.1, except for the following activities:
· Normal repair and maintenance, such as repairs to plumbing, electrical systems,
insulation, reroofing, and installation of replacement heating and air conditioning
units.
· Repairs and alterations necessary to keep a structure in a safe and habitable
condition, such as rewiring/updating to comply with electrical codes, installation of
heating and air conditioning units, and structural alterations necessary for the safety
of the building.
· Interior alterations that do not involve a change in use of the building, or a change in
the exterior appearance of the building.
· The construction of the public library/resource center.
SECTION 6. Duration is hereby amended to read as follows:
This ordinance shall remain in effect until March 21, 1999, or until such time as a new
zoning ordinance is effective or this ordinance is revoked or otherwise amended.
SECTION 4. EliliECTIVE DATE
This ordinance shall take effect the day after the date of publication.
Passed by the City Council of the City of Prior Lake this 8th day of September, 1998.
ATTEST:
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City~
Published in the Prior Lake American on September 12, 1998
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May~r
Drafted by:
City of Prior Lake Planning Department
16200 Eagle Creek Ave.
Prior Lake, MN. 55372
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