City issues
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Issue · IUP case
Status: active · Sep 10, 2024 — Sep 17, 2024
The outdoor sales use must not take up parking spaces required by the zoning ordinance.
“The use does not take up parking space as required by the Zoning Ordinance.”
If there are multiple principal buildings on one lot of record, all buildings must have common ownership and all common areas must be controlled by a single entity.
“Multiple principal buildings on one lot of record require common ownership of all buildings and control of all common areas by a single entity.”
Pavement on the property may be increased up to 10,000 square feet but not beyond that amount.
“Pavement can be increased up to 10,000 sq feet, but nothing more.”
Any IUP condition should require that required building-use parking spaces be specified separately from spaces allotted for vehicle sales.
“A condition of any IUP should be that parking spaces required for building uses/square footage be specified separately”
The existing residence may continue only as an interim use for up to two years from IUP approval, after which it must be converted to a commercial use and may not be used as a residence once converted.
“The existing residence is an interim use and will be allowed to continue for up to two (2) years from the date of IUP approval, when it shall be converted to a commercial use.”
See the IUP for Rick Sonsteby dated December 2020 for applicable conditions.
“See IUP for Rick Sonsteby Dec 2020</td> ”
Mr. Sonsteby’s son may live in the house for up to two years and continue the interim use as a condition of approval.
“Mr. Sonsteby's son living in the house for up to two years, continuing the interim use, as a condition of approval”
The outdoor sales area must be surfaced with asphalt, concrete, or pavers to control dust (i.e., new parking areas should be paved).
“The sales area is surfaced with asphalt, concrete or pavers to control dust.”
The maximum number of vehicles on the property under the Burns Auto IUP must not exceed 136 at any given time, excluding the property owner’s personal vehicles.
“The maximum number of vehicles permitted on the subject property as part of the Burns Auto IUP, not including the property owner's personal vehicles, could not exceed 136”
The first 63 feet of 199th Ave must be paved.
“Conditions 34 & 35, recommending that the first 63 ft. of 199th Ave be paved”
The driveway to the house must be eliminated when the house is converted to office space.
“The driveway to the house will be eliminated when it is converted to office space.”
The City will pay for Mr. Sonsteby's inspection.
“AMEND MOTION TO INCLUDE THE CITY WILL PAY FOR MR. SONSTEBY'S INSPECTION THIS”
The City must conduct an annual review of police calls to the property.
“and that the City conducts an annual review of the police calls to the property.”
Vehicles may only be parked in designated spaces and not in drive lanes, unapproved parking areas, or on yard/grass-surfaced areas not intended for parking.
“Vehicles may only be parked in designated spaces and not within drive lanes or on any portion of the property not approved as parking or on yard/grass-surfaced areas”
Any interim use permit for this site is not transferable upon a property transfer and any future buyer must reapply to the City for approval.
“Interim Use Permits are not transferrable at property transfers. Potential buyers have to come back to the City for approval”
Outdoor sales areas must be fenced or screened from view of neighboring residential uses or an abutting residential district.
“Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district.”
Test driving vehicles on 199th Avenue must continue to be prohibited.
“The use of 199th Avenue for test driving vehicles should continue to be prohibited.”
No more than 120 vehicles for sale are allowed on the site at any given time.
“No more than 120 vehicles for sale will be allowed at any given time.”
Any pavement upgrades by MnDOT or the City must meet the City Code pavement design requirements (paved street access and minimum nine-ton design standards).
“Any pavement upgrades by MNDOT or the City shall meet the following requirements:”
No parking, loading, unloading, pick-up, or drop-off of vehicles is allowed on public streets.
“Condition 6 - No parking, loading, unloading, pick-up or drop-off of vehicles will be allowed on public streets.”
Within two years of IUP approval, the house must be converted to commercial office space or be occupied by a property owner/family member; it may never be rented or used for unauthorized purposes, and after two years an amended IUP is required to allow conversion to a commercial use.
“The house must be converted to a commercial use (office space) within two years of the date of IUP approval or a property owner/family member must continue to reside in the dwellin…”
Any IUP approval must specify separately the parking spaces required for building uses/square footage and those allotted for vehicle sales.
“A condition of any IUP should be that parking spaces required for building uses/square footage be specified separately from those allotted for the sale of vehicles.”
As a condition of approval, Mr. Sonsteby’s son may live in the house for up to two years while the interim use continues during the Contract for Deed period.
“Mr. Sonsteby's son living in the house for up to two years, continuing the interim use, as a condition of approval”
No more than 144 vehicles total may be on the property at any time (24 employee/customer spaces and 120 vehicles for sale), and vehicles for sale may not occupy employee or customer spaces.
“The maximum number of vehicles permitted on the subject property, may not exceed 144 (24 employee/customer spaces and 120 vehicles for sale) at any given time.”
Vehicles may only park in designated spaces (not in drive lanes, unapproved areas, or yard/grass areas); drive lanes must be marked, kept clear, and order must be maintained.
“Vehicles may only be parked in designated spaces and not within drive lanes or on any portion of the property not approved as parking or on yard/grass-surfaced areas not intended f…”
All snow cleared from the property must be stored on site and may not be pushed, plowed, snow blown, or shoveled onto or across adjacent public streets, rights-of-way, ditches, or adjacent properties.
“All snow cleared from the property must be stored on site. Snow may not be pushed, plowed, snow blown or shoveled onto adjacent public streets, rights-of-ways, ditches or adjacent …”
The applicant must work with staff on a landscape plan/design for natural vegetation screening on the west side and present it to the Council for approval.
“Stockman will be working with the applicant on a landscape plan/design for natural vegetation screening for that area to present to the Council for approval.”
The City Council may require diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby properties from the outdoor sales use.
“A condition of approval of an IUP for outdoor sales is that diking, fencing, screening, landscaping, or other facilities may be required by the City Council”
The project must fence and screen the trash and recycling enclosure as required by City Code Section 11-4-17.M.2.
“All business and industrial uses are required to fence and screen trash and recycling enclosures as stipulated in Section 11-4-17.M.2.”
Any lighting used to illuminate off-street parking or other areas must be arranged to deflect light away from adjoining properties and the public street.
“Any lighting used to illuminate an off-street parking area or other structure or area shall be arranged to deflect light away from any adjoining property or from the public street.”
The driveway to the residence must be removed, graded, and re-vegetated, and parking is only allowed on improved surfaces as shown on the approved site plan.
“Condition 14 - The Driveway to the residence is removed and graded/ revegetated; no parking shall be allowed anywhere on site except on improved surfaces as shown on the approved s…”
The sales area must be surfaced with asphalt, concrete, or pavers to control dust.
“The sales area is surfaced with asphalt, concrete or pavers to control dust.”
Lighting must be shielded/hooded or otherwise controlled so it does not light adjacent property beyond the maximum intensity and is cut off at 90 degrees or less.
“The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity as defined below.”
All new parking areas should be paved as a condition of approval.
“As a condition of approval, all new parking areas should be paved.”
The project approval must comply with the conditions (as may be amended) attached in the findings of fact.
“subject to the conditions (as may be amended) attached in the findings of fact.”
The property owners must update the septic systems and bring them into compliance within six months.
“Property owners have 6 months to update systems and bring into compliance.”
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