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HomeMy WebLinkAbout14-120 - ADMIN Resolution - City Council - 2014/10/06• RESOLUTION NO. 14-120 RESOLUTION ADOPTING FINDINGS AND DECISION UPHOLDING THE BOARD OF ZONING APPEALS (BOZA) DENIAL OF APPEAL OF MARTIN BELL PROPERTIES, LLC BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that the following Findings and Decision are adopted upholding the Board of Zomng Appeals (BOZA) denial of the appeal of Martin Bell Properties, Inc. PROCEDURAL BACKGROUND 1. On or about April 23, 2014 Tim's Tree Service, LLC began operating an outdoor storage use at 2211 Florida Avenue South on property owned by Martin Bell Properties, LLC. 2. City staff reviewed the outdoor storage use at 2211 Florida Avenue South and determined that the use is in violation of the City's zoning ordinance. A letter was mailed to Tim's Tree Service and Martin Bell Properties, LLC on June 13, 2014 notifying them of the violation. 3. On July 1, 2014 Martin Bell Properties, LLC filed its written appeal of the staff determination of the Board of Zoning Appeals (BOZA). II4. The appeal came before BOZA for a hearing on July 24, 2014. BOZA denied the appeal and adopted Resolution No. 05-14. 5. Martin Bell Properties, LLC appealed the BOZA decision to the City Council. 6. This matter came on for hearing before the City Council on October 6, 2014. 7. The record consists of the follows: a. Letter of appeal to city council b. Photographs of outdoor storage c. Copy of returned letter d. June 13, 2014 letter to Tim's Tree Service and Martin Bell e. Letter of appeal to BOZA f. Submission of Martin Bell in support of appeal g. BOZA resolution denying appeal h. BOZA staff report with attachments — July 24, 2014 i. BOZA minutes (unofficial) — July 24, 2014 j. Hennepin County parcel data for 2220, 2211 and 2221 Flonda Ave S Resolution No. 14-120 -2- FINDINGS OF FACT 1. On April 23, 2014 and May 30, 2014, Gary Morrison, Assistant Zoning Administrator, inspected the property located at 2211 Florida Avenue. The property is a vacant lot without a building. The following observations were made: a. A six foot chain link fence with a gate had recently been constructed enclosing an area of approximately 12,000 square feet. Inside the fenced area was equipment and materials typically found in a contractor's yard, including boom trucks, construction dumpsters, a bobcat and various landscaping materials and waste. The equipment is owned by Tim's Tree Service, LLC. 2. The property at 2211 Florida Avenue is owned by Martin Bell Properties, LLC. The abutting property to the south located at 2221 Florida Avenue is also owned by Martin Bell Properties and has an unenclosed paved surface. 3. Under separate ownership in the name of Martin Bell, individually, is the property across the street at 2220 Florida Avenue which is improved with an office warehouse building serving as a distribution center for Bellboy Corporation. Tim's Tree Service leases office space in the 2220 Florida Avenue building. 4. The 2211 Florida Avenue property where the fence has been installed and the Tim's Tree Service equipment and waste products are kept is zoned Industrial Park. 5. Outdoor Storage is defined by City Code Section 36-142(e)(10) as follows: Outdoor storage means the receiving, keeping and shipping of goods and materials outside of an enclosed building where outdoor activity includes only the unloading, loading, and keeping of materials. This use may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard, salvage yard or auto reduction plant are excluded. 6. The use of the property at 2211 Florida Avenue as observed by city staff on April 23, 2014 and May 30, 2014 constitutes outdoor storage. It is a fenced area used to store equipment and materials used by a contractor. 7. Outdoor storage is not allowed as a pnncipal use in the Industrial District. It is only allowed as an accessory use if certain standards are met. City Code § 36-243(f). 8. "Accessory Use" is defined by City Code Section 36-4 as follows: Accessory use or structure means a use or a structure subordinate to the principal use or structure on the same land and customarily incidental thereto. In the case of an accessory structure, both the building footprint and building height of an accessory building are smaller than the principal building. =Resolution -No. 14-120_ -3-- _ 9._ , The fenced area'used for equipment storage covers 42% of the property located at 2211 Florida Avenue and is the principal use of the parcel. It is not an accessory use. 10. • The fenced in -equipment storage area located at 2211 Florida Avenue is not an accessory use -to the -uses -being-conducted across the -street -on -the- office -warehouse-property located at 2220, Florida Avenue. The 2220 Florida Avenue property is not the same land as the -2211 Florida Avenue property. The two properties are in separate legal 'ownership, are physically "separated by • a street and can be- sold or otherwise transferred as separate parcels. There is no regulating requirement that any portion of 2211 Florida Avenue be used for required parking for the_2220 ,Florida Avenue property. DECISION ek upon the above findings, the Board of Zoning Appeals' denial of Martin Bell P operties, LC appeal is upheld. This appeal to the City Council is denied. Revie dministration: Adopted b - the City Council October 6, 2014 City Attest: City Clerk Mayor