HomeMy WebLinkAbout10-079 - ADMIN Resolution - City Council - 2010/08/02•
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RESOLUTION NO. 10-079
A RESOLUTION SETTING FORTH FINDINGS OF FACT AND DENIAL
REGARDING THE APPLICATION OF JJ BESKE HOLDINGS, INC. FOR
A MAJOR AMENDMENT TO AN EXISTING SPECIAL PERMIT
UNDER SECTION 36-194(d)(2) OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING TO ALLOW TRUCK,
TRAILER, EQUIPMENT RENTAL AT 8951 36TH STREET WEST
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
The Council makes the following Findings of Fact
1. JJ Beske Holdings, Inc., (applicant) made application to the City Council for a major
amendment to an existing special permit under Section 36-194(d)(2) of the St Louis Park
Ordinance Code to allow truck, trailer, equipment rental at 8951 36th Street West (hereinafter "U -
Haul operation").
2. The subject property is zoned C-2 General Commercial, and is legally described as
follows:
Lot 1, Block 1, Target Second Addition.
3. JJ Beske Holdings, Inc is the fee owner of the above described property.
4 The applicant began the U -Haul operation on the subject property in July of 2009 in
violation of the City Zoning Ordinance
5. The subject project is improved with a two-story building with coin-operated car
wash stalls on the first floor and offices on the second floor. The existing Special Permit also allows a
caretaker apartment. The proposed U -Haul operation is in addition to these uses.
6. On April 16, 2010, the applicant submitted an application for a Mayor Amendment
to the Special Permit (Conditional Use Permit) showing the proposed area on the subject property
where the U -Haul trucks and trailers would be parked.
7. The City has not initiated any court enforcement action while this application was
pending.
8. On July 19, 2010, the City Council reviewed the application for compliance with
the applicable performance standards, general conditions and specific conditions, considered the
advice and recommendation of the Planning Commission (Case No. 10 -16 -SP) and the effect of the
proposed truck, trailer, equipment rental and outside storage on the health, safety and welfare of the
occupants of the surrounding lands, existing and anticipated traffic, parking and pedestrian
conditions, the effect on the use, enjoyment and values of properties in the surrounding area,
conformance with the goals and objectives of the Comprehensive Plan, and compliance with the
intent of the Zoning Ordinance.
9. During the pendency of this application, the applicant has failed to manage the U -
Haul operation as shown on its proposed site plan. Trucks have been stored outside the storage area
proposed by the applicant.
Resolution No. 10-079 -2-
10. The U -Haul operation has been operating continuously for 11 months in violation
of city code. The applicant provided a letter from U -Haul stating that there will be times when the
applicant will not be able to keep trucks and trailers confined to the area shown in applicant's site
plan. Numerous times over the 11 months since the operation began, the applicant failed to operate
in a manner consistent with the proposed site plan.
11. The applicant concedes that there will continue to be times in the future when the
applicant will not be able to meet the proposed conditions required by the city in that trucks and
trailers will be parked outside the designated area.
12. The applicant admitted inability to control the number of vehicles delivered to the
site means that the only places to store extra vehicles, which will be in violation of the conditions of
approval, is within the 100 foot setback area or in front of the subject property which will further
adversely impact the character of the area.
13. The proposed truck and trailer storage area would have an adverse impact on the
welfare and enjoyment of the adjacent residential property. Based upon the general nature of the
business and its location, it is not feasible to screen the neighboring residential property which is
impacted by the sight of the storage area and noise from the trucks that arrive 24 hours a day
14. The proposed use is not consistent with the goals of the comprehensive plan The
goals of the plan are to: (1) minimize the adverse impacts associated with large community
commercial centers using design, performance standards, site planning techniques, buffering and
traffic management; and (2) ensure that community commercial centers contribute to an
aesthetically positive identity for the community (Section IV -B22 Comprehension Plan). The U -
Haul operation involves a truck and trailer storage area in a large parking lot, in plain sight of the
adjacent residential and commercial properties with no feasible way to mitigate the sight and noise
impacts that would exist 24 hours a day.
15. The contents of Planning Case File 10 -16 -SP are hereby entered into and made part
of the public hearing record and the record of decision for this case, together with all other materials
submitted at the Planning Commission and City Council meetings.
Applic
equipme
Revie
Decision
is request for a major amendment to an existing special permit to permit truck, trailer,
t ntal at 8951 36th Street West is hereby denied based on the findings set forth above.
ministration:
y thy ity Council August 2, 2010
City Man
Attest.
City Clerk
Mayor