HomeMy WebLinkAbout4G - Buckingham Recycling, Inc CUP
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STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
4G.X
JENNI TOVAR, PLANNER~
CONSIDER APPROVAL OF RESOLUTION #97-XX
APPROVING EXTENSION OF TIME FOR
BUCKINGHAM RECYCLING, INC. CONDITIONAL
USE PERMIT
APRIL 7, 1997
DATE:
INTRODUCTION:
On March 3, 1997, the City Council approved a
Conditional Use Permit for Buckingham Recycling, Inc.
(Resolution #97-19). A provision of that approval
(Condition #4) allowed the applicant 30 days to submit the
necessary plans and up to one year to actually complete the
work.
DISCUSSION:
Condition #2 of Resolution #97-19 was that the applicant
obtain a certificate of occupancy from the building official.
A letter from the Building Official (3/19/97) details the
requirements of Buckingham Recycling to obtain a
certificate of occupancy. Part of this process involves a
complete code review by a registered architect and
submittal of plans indicating changes in the structure that
will bring the building into code compliance with the
Uniform Building Code.
It is this condition (#2) that is taking longer than expected.
The applicant will not be able to submit the required plans
to the city within the 30 day period (by April 3, 1997).
Therefore, an extension is being requested.
ISSUES:
The City Council must determi~e if an extension is to be
granted. An extension to the 30 day time period will allow
the applicant until June 2, 1997 to submit the necessary
plans. It will not extend the one year allowed to complete
the actual work. The required site and structural
improvements must be completed by March 3, 1998.
16200 ~1@~p~.2~~.~c~ Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245
AN EQUAL OPPORTUNITY EMPLOYER
AL TERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
I :\96fi1es\96cup\96-127\extcc.DOC
1. Approve the extension by adopting Resolution #97-XX.
2. Deny the extension by directing staff to prepare a
resolution of denial with supporting fmdings.
3. Other specific action as directed by the Council.
Alternative #1.
Adoption of Resolution #97-XX approving an extension
of time for Buckingham Disposal Inc. as part of the
consent agenda.
2
RESOLUTION 97-XX
APPROVING AN EXTENSION OF TIME FOR BUCKINGHAM DISPOSAL INe. TO
SUBMIT THE REQUIRED SITE AND BUILDING PLANS REQUIRED AS PART OF
THE APPROVAL FOR A CONDITIONAL USE PERMIT #96-127.
MOTION BY: SECOND BY:
WHEREAS, the City Council approved a Conditional Use Permit for Buckingham
Recycling Inc. on March 3, 1997; and
WHEREAS, Condition #2 of the approving Resolution #97-19 requires the applicant to
obtain a certificate of occupancy; and
WHEREAS, Condition #4 of the approving Resolution #97-19 allows the applicant 30
days to submit required plans (City Code Section 5-6-5B); and
WHEREAS, In order to obtain a certificate of occupancy, the applicant must submit
structural plans from a registered architect detailing the necessary changes to
comply with the Uniform Building Code; and
WHEREAS, The applicant cannot meet the 30 day timeline because of the time necessary
to complete such a review and prepare the requ.ired plans and thus, needs an
extension.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it approve a 60 day extension for the submission of required plans for the CUP for
Buckingham Disposal Inc. for property located at:
5980 Rainbow Parkway, legally described in attached Exhibit A;
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a 60 day extension for
Buckingham Disposal to comply with Condition #2 and #4 of Resolution #97-19. The applicant
must submit the required site and structural plans by June 2, 1997 and complete the required
improvements by March 3, 1998 as approved in Resolution #97-19.
16200 El:i~~~5?~'!~~~. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~iPt~-4245
AN EQUAL OPPORTUNITY EMPLOYER
Passed and adopted this 4th day of April, 1997.
Andren
Greenfield
Kedrowski
Mader
Schenck
{ Seal}
I :\96fi1es\96cup\96- t 27cu\resextcc.doc
YES
Andren
Greenfield
Kedrowski
Mader
Schenck
NO
City Manager,
City of Prior Lake
Page 2
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
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That part of the South 274.55 feet of the East Three Quarters cf the
Southeast Qwt.rter (EJ/4 of SE1/4) of Section 1, Township 114, Range 22,
Scott Coun~y, Minnesota, lying Northerly of the centerline of Scott
County State Aid Highway No. 12, and lying Easterly of the following
described line: Comnencing at the Southeut corner of .aid Section 1 i
thence on an auumed bearing North 01021'00" West along the 1in.
between the Southeast CQrner and the Northeast corner of said Section 1,
a distance of 1251.72 feet: thence at right angles South 813039' West, ..
distance of 1875.73 feet: thence South 86011'30" West, a distance of
84.66 feet to the East line of the West 30.0 feet of the E.ut Three
Quarters of the Southeast Quarter uf Section 1: thence North 86011'30"
East, a distance of 514.66 feet; thence bearing South 4 distance of
704.31 feet to the center line of County State Aid Highvay No. lZ; thence
South 63037'56" East along the centerline of said H.1ihvay No. 12 a
cJiatance of 73.66 feet; thence bearin" North a dhtanclt uf 41Z.0 feet;
thence bearing t.ut a diatanco of 944.0 (Cott to thlt actual point of
beginning of the line to be delcribed: thence bearing South a di.tance of
870 feet, more or leu, to the centerline of Scott County St4te AieS
IUghva)' No. 12, &nd said line there terminating. Subject to a.n ellsement fo,-:County
State Aid Highway No. 12 over the Southerly 33 feet of the above described land.
Located .1n Scott Counly, Minnesota.
#293009
THOMAS-LAUREN COMPANY
RESOLUTION 97-19
APPROVING A CONDmONAL USE PERJ."nT FOR BUCKIN"G~"\1 DISPOSAL INC.
TO CONDUCT RECYCLING FACll.ITIES ON PROPERTY LOCATED IN THE 1-2
LIGHT INDUSTRIAL ZONlNG DISTRICT (5980 RAINBOW PARKWAY).
MOTION BY: KEDROWSKI SECOND BY: MADER
~REAS, the Prior Lake Planning Commission conducted a public hearing on January
27, 1997, to consider an application from Tom Buckingham for a Conditional
Use Permit (CUP) for Buckingham Disposal, Inc. and the City Council heard
the case on March 3, 1997; and
~REAS, notice of the public hearing on said CUP has been duly published m
accordance with the applicable Prior Lake Ordinances; and
~REAS, the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the CUP of Buckingham Disposal Inc.; and
~REAS, the Planning Commission and City Council fmds the proposed use consistent
with the Year 2010 Comprehensive Plan; and
WHEREAS, the Planning Commission and City Council find the C'lJP of Buckingham
Disposal Inc. in harmony with both existing and proposed development in the
area surrounding the project; and
WHEREAS, the Planning Commission and City Council fmd the proposed CUP of
Buckingham Disposal 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 of Buckingham Disposal, hic. meets the criteria for
approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance
and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCll. OF PRIOR LAKE:
that it approve the CUP for Buckingham Disposal Inc. for property located at:
5980 Rainbow Parkway, legally described in attached Exhibit A;
16200 8a~~~t~~QlW~p~~~t.~. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~~7-424S
AN EQt:AL OPPORn:NlTY E;'4PLOYE."{
Subject to the following:
1. The applicant must submit a revised site plan indicating improvements to be made that will
meet all criteria of the off street parking ordinance (6.5). All drivingJparking/1oading areas
are to be paved, specifically the drive aisle on the west side of the site and the
parking/storage area on the east side of the site. Such revised plans must be approved by the
Planning Department.
2. The applicant must obtain a certificate of occupancy for the recycling center from the
building official.
3. The hours of operation are restricted to 9:00 a.m. to 7:00 p.m.
4. The improvements must be done before certified copies of the resolution are released for
recording at the county. The applicant has 30 days to submit plans that meet the
requirements of the ordinance and conditions set forth in this resolution (City Code Section
S-6-SB). The applicant has until one year from the date of adoption of this resolution to
complete the required improvements and record the resolution or the Conditional Use Permit
becomes null and void (Section 5-6-8).
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for Buckingham Disposal. The contents of Planning Case File #96-127 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 3rd day of March, 1997.
YES
Andren ABSENT Andren
Greenfield ABSENT Greenfield
Kedrowski X Kedrowski
Mader X Mader
Schenck X Schenck
NO
{Seal}
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r:\counciI\resoluti\planres\rs9719cc.doc
Page 2
March 19, 1997
Mr. Tom Buckingham
5980 Credit River Road
Prior Lake, MN. 55372
Dear Mr. Buckingham:
I am in receipt of your letter dated March 7, 1997 regarding your request of a certificate of occupancy for
the recycling facility located at 5980 Credit River Road in Prior Lake. Both Prior Lake City Code Section
5-6-2 and the Uniform Building Code Section 109 require an existing building to be brought up to code
when the use of the structure has been changed. Copies of these code sections have been attached for your
use.
The following items must be addressed prior to the issuance of a certificate of occupancy.
1. A code review for the entire structure completed by an architect registered with the State of
Minnesota must be submitted. This code review must detail what modification if any would be
required to bring the structure into code compliance. Existing and proposed floor plans are
required as a part of the code review process.
2. Building Permits and inspection approvals are required for any proposed alterations and
alterations already completed to the structure.
3. The existing on site sewage treatment system has been classified as a failing system.
Documentation must be provided that the septic tanks are being pumped out on a regular basis,
a copy of a pumping contract will suffice.
If you have any questions or if I any provide any additional information please fee! free to contact me at
447-4230, ext. 217.
,n
~
Building Official
16200 Eagle Creek Ave.' S.E.. Prior lake, rvlinnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQCAL OPPOR;1;NlTf E."IPLOYER