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1 CUP 40 Lake Drive East/-: :'~ CITYOF :~ CHANHASSEN (L 690 City Center Drive, PO Box 147 i!ii-'Cha~hassen,-iinnesota 55317 ~. ~h°ne6~2.9~Z.~900 MEMORANDUM TO: Planning FROM: REPORT DATE: -Febma~23'; RE: - i___ Request for. Amendment:t°).Q0ndi~!onal)Use-p~m~ it~92~2 _ ' AbraAutO'Body Abm Auto Body&GlaSSis ~e~kihg :~.;m~ehdmen!'to':iheif (CuP ~92-2): to-p~k damaged:~%'~i~:per~ble-vehicleS' lot ovemi~t. ~; CUP does Genera!Fax612.937.5739 Safety ~ax 6~2.9~<2524 wwm di ch anhaSsen, mn, m .zoning ordinanee requi .-. Abra CUP Amendment February 23, 2000 Page 2 o Noise level shall not exceed OHSA requirements or Minnesota Pollution Control agency guidelines at the property line. Doors will be kept closed or nor more than 12 inch opening. 4 Environmental protection shall meet standards set by the Minnesota Pollution Control Agency. ge Compliance with conditions or approval for Site Plan Review #92-3 and Subdivision #90-17. Since 1995, staff has received several complaints regarding conditional use permit violations at the Abra site. These complaints involve the parking of damaged or inoperable vehicles outdoors overnight and on weekends when the facility is closed. The operation has complied with the City's requests to relocate or store the vehicles inside. However, Abra believes that under the circumstances, vehicles should be permitted to be stored outside. Thus, they are requesting an amendment to the permit. ANALYSIS Abra is requesting an amendment to allow the outdoor storage of vehicles scheduled for repairs based upon the following: Customers drop off or have vehicles towed in after hours or on the weekends; Customers drop off rental cars when picking up their vehicles; and Insurance companies usually take one to two days to inspect towed and non-drivable vehicles. The zoning ordinance prohibits outdoor storage in all districts with the exception of the IOP, Industrial Office Park. In this zoning district, screened outdoor storage is a conditional use. In this instance, "screened" would refer to installing a fence, wall or other vegetation (i.e., evergreens) to visually shield the materials and/or equipment. Abra's original staff report provided an analysis of the use addressing architecture, landscaping and access. Since the property abuts TH 5, berming and landscaping were required on the northern portion of the site. "Berming is proposed along the north and south sides of the site. The vehicles that will park along the north edge of the site must be totally screened by the berms and landscaping." This site is located in the HC-1, Highway Corridor District. Parking areas are prohibited within the minimum front (primary or secondary) yard setback of any lot. This overlay district was approved after the site plan review for Abra, however, the intentions of the district were to promote lfigh quality development. The existing parking layout for the use complies with the overlay district requirements. The use requires 24 parking stalls, and 25 are provided. Abra CUP Amendment February 23, 2000 Page 3 Should outdoor storage be permitted, extensive landscaping, a fence or wall would need to be installed. One of these three options or combination thereof intends to provide year round screening. Being the site abuts TH 5, a high profile area of the City because it is the eastern entrance to the community, a wall should be installed that looks as though it is integral to the main structure. Furthermore, staff would like to see the parking area completely enclosed with a roof. Given the circumstances, staff is not convinced that prohibiting outdoor storage as part of this conditional use permit precludes a reasonable use of the site. Goodyear and Car-X, in the former Minnesota Vehicle Inspection Station, are prohibited from parking vehicles outdoors after hours. Allowing Abra to store vehicles outdoors will set a precedent for other automobile repair/service operations. Furthermore, permitting these areas to be utilized for parking 24 hours a day will detract from the overall quality of the site. - Staff does not support the amendment to the conditional use permit. The operation will continue to have a reasonable use of the site under the existing conditiohs of approval. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends denial of the request to amend CUP #92-2 to permit the outdoor storage of vehicles overnight and on weekends based upon the following: 1. The applicant has a reasonable and viable use of the site without the amendment." Attachments 2. 3. 3. Application and letter Conditions of Approval Letter Original Site Plan Public Hearing Notice g:\plan\ck\plan comm\abra amend 92-2.doc ¢R131'.1 : ABrA t:~T'O .I~ODY CND, t~A$SE~t.,i TIEL: 612 9,37 5741J~r4----.2B. 2~00 P3 P .02 __... Immure U~e Pem',~. ....._. Pl~.~ed Unit (1~0 CUP/G-PP.,'V~/VA R,/W & P/Iv~t ns afl~ Go4jn~ 1400 &'mM SUB) A Blt of ~ 9~opecty ownerl wlthl~ S00 f~ of ~ ~ M ~e ~y muel ~ In~ wl~ I~ r~ .., I- z LU Z '1- <.), o 0 I- ]=ROJECT NAME LEGAL~DESCRJPTION FEB 0 3 ZO0 TOT.N. ACREAGE 1NETt. ANDS PRESENT .~-'H~:St::~'T ZONING REQUESTED ZONING ;PRESENT LAND USE DESIGNATION P, EQUESTE~ I.AND US]= DESIGNATION PEA,SON FOR THiS REQUEST YES __NO 'rhis a~plication must be completed in full and be typewritten or clearly printed and must be accompanied by all Information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Depar~ent to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shal~ be mailed to the applicant within ten business days of application. Thi~ is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom 'the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of-Title, Abstract of Title or purchase agreement), or I am the authorized person to make .this applica]ion and the fee owner has also signed this application. ~ w~l keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowJedge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional rev[ew e~~eapproved by the apPlicant. $ignatu or' ;plic~nt~ Sigr~,:re =f Fee Owner ,o~3~ca~on Received on Date · .7 -7_._- c, Date The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. 30 Lake Drive East · Chanhassen, ~Vlinnesota 553'17 . ~G!2) CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN,'MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 March 23, 1993 Mr. A1 Beisner Beisner Ltd. 6100 Summit Drive Brooklyn Center, MN 55430 Dear Mr. Beisner: This letter is to confh-m that on March 22, 1993, the City CounCil approved the following: 1) 2) Site Plan Review for Abra Auto Service Center, 6,494 Square Feet; Conditional Use Permit to Allow an Auto Service Facility in the BH District subject to the following conditions: CONDITIONAL USE PERMIT Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Auto Service Facility 2,, Prooertv. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: Lot 2, Block 1, Chart Haven Plaza 3rd Addition Conditions. The permit is issued subject to the following conditions: 1. No public address systems are permitted. No outdoor repairs to be performed or gas sold at the site. Garage doors are to be kept closed except to allow vehicles to enter or depart. PRINTED ON RECYCLED PAPER Mr. A1 Beisner March 23, 1993 Page 2 o e No parking or stacking is allowed in fke lanes, drive aisles, access drives or public rights-of-way. No damaged or inoperable vehicles shall be stored outside overnight on the Abra site. No outdoor storage of materials shall be permitted at the Abra site. Noise level shall not exceed OSHA requirements or Minnesota Pollution Control agency gUidelines at the property line. Doors will be kept closed or no more than a 12" opening. . Environmental protection shall meet standards set by the Minnesota Pollution Control Agency. Compliance with conditions-of approval for Site Plan Review g02-3 and Subdivision g00-17." SITE PLAN REVIEW Obtain a sign plan approved by the Planning Commission and City Council. The applicant shall provide staff with a detailed cost estimate of landscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to building permit issuance. The applicant shall enter into a development contract with the city and provide the necessary financial securities as required. The applicant shall provide a flammable waste separator as required by Building Code. Provide a complete, final set of civil engineering documentation to staff for review and approval. Meet all conditions outlined in the Fire Marshal's memorandum dated October 8, 1992. Mr. Al Beisner March 23, 1993 Page 3 10. 11. 12. 13. 14. 15. Thc applicant shall post "No Parking - Fire Lane" signs along the south curb line on Lots 1 and 2, Block 1. Signs shall be placed at 100-foot intervals and the curb painted yellow. Concurrent with the building permit, a lighting plan meeting city standards shall be submitted. The applicant shall pay $7,580 into the Surface Water Management Program fund for water quality treatment downstream of the site. This fee will cover Lots 1 and 2 only. No signage will be allowed until sign plan approval is obtained from the Planning Commission and City Council. The applicant shall provide eight additional Black Hills evergreens along the east and four along the south side of Lot 2, Block 1, Chan Haven Plaza 3rd Addition. Brick shall be used on the exterior of the Abra building. Plans shall be developed to staff approval. The brick shall be designed to incorporate highlighting treatments similar to the or better than the current proposal. Also, the applicant shall introduce architectural elements such as dormers along the eastern roof line to break the long mass of wall along the east elevation. Compliance with conditions of Subdivision g90-17 and Conditional Use Permit g02-2. No temporary signage, streamers, or banners shall be permitted on the site. Hours of operation shall be limited to 7:00 a.m. until 7:00 p.m." Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. Lapse. If within one year of the issuance of this permit the allowed use has not been completed or the use commenced, this permit shall lapse. Criminal Penalty. Both the owner and any occupant of the subject property are responsible for compliance with this conditional use permit. Violation of the terms of this conditional use permit is a criminal misdemeanor. Mr. A1 Beisner March 23, 1993 Page 4 These documents must be recorded by the City Attorney at Carver County Recorder's Office. The applicant will be responsible for all attorney fees related to the recording process. If you have any questions, please feel free to contact me. Sincerely, Sharmin~r Planner I pc: Dave Hempel, Assistant City Engiaeer i JJjJ JJl 'llJJ~J IJJlll~l ILLOL NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, MARCH 1, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Amend Conditional Use Permit APPLICANT: Abra Auto Body and Glass LOCATION: 40 Lake Drive East NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Abra Auto Body and Glass, is requesting an amendment to their conditional use located at 40 Lake Drive East. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on February 17, 2000. 7 Smooth Feed SheetsTM Use template for 5160® DYS PROPERTIES 4711 SHADY OAK RD HOPKINS, MN 55343 CLIFFORD L WHITEHILL 6247 INDIAN MEADOW ORLANDO, FL 32819 CLIFFORD L WHITEHIL~...I.I.I.I.L~- 6247 INDIAN M~___.A~W CITY OF CHANHASSEN C/O~ SCOq-F BOTCHE~ 690 CITY~ DR PO B/J:;;P~147 CN'ANHASSEN. MN 55317 SYSTEMS CONTROL INC 9555 JAMES AVE S SUITE 220 BLOOMINGTON, MN 55431 CHANHASSEN HOLDING CO 14201 EXCELSIOR BLVD HOPKINS, MN 55343 CHANHASSEN H RA/.~' 690 CITY CE~T~-~r DR PO B O~t'47 CHANHASSEN, MN 55317 MCDONALD'S CORP (22-157) PO BOX 66207 CHICAGO, IL 60666 LOTUS LAWN & GARDEN 78 WEST 78TH STREET CHANHASSEN, MN 55317 CHANHASSEN PROFESSIONAL BLDG 80 WEST 78TH STREET CHANHASSEN, MN 55317 PATRICIA M DOLAN 8007 CHEYENNE AVE CHANHASSEN, MN 55317 ALEX A KRENGEL 8009 CHEYENNE AVE CHANHASSEN, MN 55317 LOREN R JOHNSON & MARY KAY KINNEY 8011 CHEYENNE AVE CHANHASSEN, MN 55317 CSM INVESTORS 2575 UNIVERSITY AVE W, #150 ST. PAUL, MN 55114 KAHNKE BROS INC 1400 PO ~ ~CTORIA, MN 55386 KAHNKE BROS INC 1400 ARBORETUM DR PO BOX 7 VICTORIA, MN 55386