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HomeMy WebLinkAbout7. Appeal of Staff Zoning Ordinance Interpretation Champion Auto, 14555 S. Robert Trail ' CITY OF ROSEMOUNT � EXECUTIVE SUNIMARY FOR ACTION City Council Meeting Date: September 21, 1999 AGENDA ITEM: Appeal of Staff Zoning Ordinance AGENDA SECTION: Interpretation- 14555 S.Robert Trail Public Hearing P.1tEPARED BY: Rick Pearson, City Planner AGEND `�� . ATTACHMENTS: Letter of appeal, Zoning Ordinance Excerpt; APPROVED BY: Correspondence Location: 14555 S. Robert Trail Property Owner: John Frayne Applicant: 3erry Hoover for Champion Auto Zoning: G2, Community Commercial P. C. Action: No recommendation-Motion failed due to split vote (2-2) SUMMARY John Frayne, owner of the building located at 1455 South Robert Trail- formerly occupied by Champion Auto - is appealing a staff interpretation of the zoning ordinance. The property is zoned C-2, Community Commercial which does not permit automobile or automobile equipment sales. Mr. Frayne would like to lease space in his building to a franchise Champion Auto Store. The previous Champion tenant was a corporate store and was considered non-conforming. The following excerpt is the specific applicable language: B. Uses Permitted By Right: 3. All retail goods and service establishments conducted within structures but excluding automobile and equipment sales, services and repair establishments;truckstops;drive-through restaurants; gasoline and fuel sales; car washes; and commercial outdoor recreational uses. Considerable discussion has occurred recently concerning automobile related uses in this district. As a result, retail automobile parts has been interpreted to be included with automobile and equipment sales, services and repair establishments. PLANNING COMMISSION DISCUSSION The Commissioners agreed that the language is vague and should be modified for specificity. The two different views of the language revolved around the interpretation of automobile equipment. One view defines equipment as laxge items such as pick-up toppers or trailers. The opposing view is that equipment can include small retail parts that should be acceptable as long as engines and other large or bulky items are separate. RECOMMENDED ACTION: Motion to uphold the staff interpretation of the zoning ordinance prohibition of retail automobile parts sales in the C-2 Community Commercial District. -or- Motion to overturn the staff interpretation of the zoning ordinance prohibition of retail automobile parts sales in the C-2, Community Commercial District. CITY COUNCIL ACTION: � i � CHAMPION AUTO STORES , . Central Organization � � � August 31, i999 2565 Kasota Avenue St. Paul, MN 55108 Mr.Rick Pearson (651)644-6448 City ofRosemount 2875 145�'Street West Rosemount,Minnesota 55068-4997 Dear Mr.Pearson: Thank you for your prompt attention to our request for a clarification of the City of Rosemount's Community Commercial(G2)District zoning ordinance. Champion Auto Stores has an independent storeowner,Mr. Pete Squires who is very interested in opening a cash and carry auto parts and accessory store in the front portion of the store formerly occupied by the corporate owned Champion Auto and Crown Auto service center. Mr. Squires has owned and operated a Champion store in West Saint Paul for several years,and has recentIy been served notice that he must vacate his location by October 15, 1999, due to a planned redevelopment by his landlord. The Rosemount location is his first choice for relocation. Mr. Squires will operate a retail store only,with no automotive service or repair. The nature of that business will be very similar to that of a hardware store,with retail customers, and no long term or overnight parking. He too is concerned about the appearance of the store and it's perception in the community. He would like to utilize an awning style sign, and remove the ugly old sign pole,in keeping with the desire of the city to improve the image of downtown. There have been conversations with the owner of Value Auto Repair in regards to operating standards and parking. Mr.Tim Callais, owner of Value Auto has agreed to limit his parking to the back portion of the lot, and to work with Mr. John Frayne the buildin'owner to internally house the refuse that has been left outside the building thus far. In short Mr. Squires wants to operate a professionat business that will bring increased retail tr�c to the downtown area of Rosemount. Based on your recent meeting,the staff interpretation of the cunent zonin�ordinance would preclude Mr. Squires from locating at the intended site. We respect the desire of the city in the effort to improve the image of downtown. Mr. Squires shares the opinion that this azea of Rosemount be conducive to a professionally managed retail store. We would like to appeal the staff interpretation of a zoning ordinance that we believe is vague as it relates to the operation of retail auto parts and accessory store. We understand the intention of the city ordinance,but respectfully betieve our business does not represent blight on the community,but rather is a good use for the space that could significantly enhance the downtown area. We aze prepared to meet with the Panning Commission on September 14, 1999 to further discuss this issue. Please let me know if there is additional information your Planning Commission will need in preparation for that meeting. I can be reached at 651-644-6448 ext. 3534. Thank you for your attention to our request. Respectfull�� --, R.Hoover Cc the Honorable Cathy Bushl,Mayor City of Rosemount Pete Squires John Frayne Tim Callais ' � b. Where abutting an"R"District, a screen wall or fence five feet (5') in height and having ninety percent (90%) opacity shall be required along the common property Iine between the uses. Said fence shall be properly maintained by the owner or lessee. c. Parking and maneuvering areas shall be paved and curbs six inches (6") above grade shall be provided no less than five feet (5') from all property lines which adjoin a public street. . d.The site shall be planned so as not to pemut water from a car wash to run into a public street or accesses thereto. A drainage system shall be installed subject to the approval of the City. e. Pump islands and canopies shall conform to yard requirements or a minimum of twelve feet(12') from a street right of way whichever is greater. f. Parking for employees, customers and stacking shall be provided in accordance with Section 8. g.Artificial lighting shall be accomplished so as to have no direct light source visible from a public street or an"R"District. (Ord. B, 9-19-89) 6.11: C-2 COlV�VIUI.vITY COMMERCIAL DISTRICT: A. Purpose and Intent: This District correlates only with Downtown Rosemount which is intended to serve the entire City.The downtown area is intended to be a diversified commercial center which offers the full range of comparison goods,sales and services,cultural and civic,entertainment,financial and offices and public uses.Because the downtown is an azea of relatively higher intensity development and consists of buildings and uses which pre-date zoning regulations,the City is intended to play a role in the provision of parking and related public improvements.Thus,normal yard,pazking and lot requirements do not apply within this District. B. Uses Permitted by Right: l. Accessory apartments. - 2.Professional and business offices. � 3.All retail goods and service establishments conducted within structures but excluding automobile and equipment sales, services and repair establishments; City ofRosemount Page 73 truckstops; drive-through restaurants; gasoline and fuel sales; car washes; and commercial outdoor recreational uses. 4. Custom manufacturing not to exceed a gross floor area of two thousand (2,000) square feet with at least one-thirteenth(1/13)of said space to be used for retail sales and display purposes. 5.Outdoor display of inerchandise for direct sale,rental or lease provided said merchandise consists only of finished products and not disassembled merchandise parts or junk;except that new products which are customarily sold unassembled and are intended for consumer purchase and assembly are pernutted to be-displayed. 6. Video arcades subject to the following restrictions: a. Any arcade with fifteen (15) or more machines shall have an adult supervisor on duty during all hours of operation. b. No arcade shall be operated within five hundred feet (500') of a school,church or residence unless it is an integral part of a shopping center and does not have an entrance except from within the shopping center. C. Uses Permitted by Planned Unit Development (PUD): Commercial developments involving multiple parcels, structures or uses shall be required to use the PUD procedure.Refer to Section 12 for PUD requirements. (Ord. B, 9-19-89) 6.12: C-3 HIGHWAY SERVICE COMMERCIAL DISTRICT: A. Purpose and Intent: This is a highly specialized district which is located in high vehicular traffic zones with lugh visibil�ity.It is primarily intended to satisfy the needs of passing motorists. B. Uses.Permitted by Right: 1.Automobile equipment sales and repair shops including transmission,body, , paint,muffler, engine, glass,battery and tire sales and services. 2. Eating establishments including truckstops and drive-ups. � 3.Hotels and motels and accessory uses. City of Rosemount - Page 74 ��AF� Pianning Commission Regular Meeting Mi.nutes September 14, 1999 - Pursuant to due ca11 and notice thereof,the Regular Meeting of the Pl g Commission was du held on Tuesday, September 14, 1999. Chairperson Bill Dr e called the meeting to order at 6:3 .m.with members Jeffery Weisensel and Kim Sho orrigan present. Commissioner Tentinge �ved at 6:35 p.m. Also in attendance wer ity Planner Rick Pearson and Civil Engineer po itterer.. Mr.Peazson corrected agenda chan ' �item 6.a. to Champion Auto. There were no other additions or corrections to th en . MOTION by Droste to ap ve the Au 24, 1999 Regular Planning Commission Meeting Minutes. Seconded b oe-Corriganl. Ayes. roste, Shoe-Corrigan and Weisensel. Nays: 0. Motion carried. Depart ent Announcements Gommissioners noted the actions taken by the City Council on September 7, 1999. New Business: Champion Auto - Appeal of Staff Zoning Interpretation NIr. Pearson presented an appeal by Champion Auto of staff s interpretation of the zoning ordinance. Champion Auto wishes to operate a retail store in the building located at 14555 S. Robert Trail. This space was previously occupied by Champion Auto and is currently occupied by an auto repair business in the rear portion of the building. Staff interprets the zoning ordinance to prohibit automobile and automobile equipment sales in the C-2 Community Commercial district. Commissioner Shoe-Corrigan felt the use by Champion Auto would be more of a retail service than the sale of automobiles or equipment. Chairperson Droste noted the conclusion of the Downtown Scoping Committee to prohibit automotive-related businesses in the downtown azea. Commissioner Tentinger pointed out that a portion of the building is presently used for auto repair. He does not feel this retail use is prohibited by the zoning ordinance. He supported allowance of this retail business for the benefit of the downtown and the community. Discussion continued. Mr. Pearson explained that if a building is abandoned for over six months, a prior non-conforming use cannot be restored. Conunissioner Shoe-Corrigan repeated her interpretation that the ordinance pertains to car and equipment sales and does not exclude the retail sale of automotive parts. While she supported the desire of the Downtown Scoping Committee, she felt the ordinance should be changed if it does not conform. MOTION by Tentinger to overhun the staff interpretation of the zoning ordinance prohibition of retail automobile parts sales in the C-2, Community Commercial Center. Seconded by Shae- Corrigan. Ayes: Shoe-Corrigan and Tentinger. Nays: Weisensel and Droste. Motion failed. � ��� SEP 1� '9� �2� 14PM 6RRNNIS R HAU�E LAW FIRP1 F.2i3 . G�ANN��S�'HA��� P.A. LEGRL SERVftE$70 IKDiVIDUAL,BUStNESSES AND CITIES SINtf tg08. WAf�D R_ANDERSOn� h11CHAEl�.D4+lY°R' � KEVIN 1V.£IDE VANCE B.Gft,�NNIS,(n.' Se tember 14, i 9�9 DAVID G,KELi.ER P MICHA:L I,MAYER $ARRY L�UIT—i eNnELLEn" Mr. Rick Pearson, City Plann�r E�1�4ARD C.TISCHLEDE,--. VIRGf.ViA A.Dti'YER Rosemauz�.t PlanninD Commi.ssian Members w�LLIAb!L.BiRNA�a City of Rosemount �1�FaJL: 551423-$z�� PAUL H.HAUGE 2875 I45th Street West (of Counseil Rosemotuit, MN. 55Q6$-4997 'Alsoadmltredropracpcc�r� w�uo:+s;n r r+�I:D admiRe�to practGC�.n tt�: 145» y(?UtAI�OUB� 1lZc'111 illinWs Dear Mr. Pearson; Thank�-ou for the information you faxed to xne this morning rEgarding noric�z►�'oz-ming uses. We represent E & E Ent�r�rises that owns the 72Q0 square faot building at the above addxess. The building was occupied by Champxoz�,A.uto for many years before the cozx�pazay became insolvent. Prior to the expiration p�'tk►,e 6 z�onth period for abandunment afuse (Czty ardinance 13.2:17.) a new auto repair business znoved iiato the buildin�. It is our understandxz�g that there is no objecti4n to thxs xaoz�cozz�orming use. R�ce�n�ly, our client requested a buzldzxig permit to madify thc entrance to the build'ui�for a neW Champion Auto (Midwest Auto Parts)tn sh3re the building with the c�:isting tenan,t_ Champion w��l ozaly sell auto parts at retail. It is our understanding tk�at staff question�d whether Ck�aaxr,pion ca�l move into the spaee on the basis that it is not a pezxx�itted use in a C-2 Community Corrunercial 17istrict pursuant to city ordinance 6.1���_;. Our res�anse to that concern is t�n°o fo�d: Fzxst,the ordinance 6.11:�, is somewhat�ague. Zt allows°`All retail�oods and ser�ice establisb,naents conducted within structures"but excluding autamabile and eaui�ment sales... It seems c��az�tk�at the intent is to avoid outdoor stor�ge as i� common�vith automobile sales and repaix slaops. We would argue that the words"equxpm.ent sales" when cambined with the word "automobile"also goes to the issue of outside starage as would be comrnon with automobi.le�quipment such as trailers, snowplows, tappers and pickup caznpers. Autoxnabzles pa�ts as sold by Champion are no differcnt that the autamobi�e section in a hard�vare store,Target, Wal Mart oz�Cz�nart. Thus the Champian store is a pernutted nse as long as it does not prorride"services" or"repazz"of automobiles. Second, �vzn if one disagrees �with the first argument,the Chanzpiun store represez�ts a coz�tanuation of the existing nonconforming a e. C1�arly,the structure and use were nat abaaadoned for 6 months as r�quir�d by city ordinance 13.2:D. in order ta eliminate the noncanforming use. The use has not been (651�456-9000 Faalm►le:(651)a5a-4�3z 200 TOWN CENTRE PROFFSSIONAL BUILDING • 1240 YANKEE Dp�pi.E Rp. • ERGAN,Mly1�FSOTA 55121-2Z0 t 5EP 14 '99 ���15PM �RANNIS & HHUGE LAW FIRP9 P,3.'3 ea�anded as it is still eonfined to�e 7200 square faot building, It zs our t�aderstanding that the plann�d construction is minor, does z�ot expand the space and is in coz�z�plxance with all regulations. tiVe�equest that you discuss thzs�atter with the City Attorney as interpxetatzon of the city ortiinance may be construed as a legal issue properly addressed by the City's �egal authority. If tlae��az�.z�xzag Cornmission ne�ds ta consider this issue,we request that you share this�etter v�rith the Planning Cozx�ission. Thara.k yau�vz�your attentian to this matt�r. Sincerely Yours, � F� �Ly��� avxd G. Keller cc: John Frasme a r C I TY O F RO S E M O U N T 2875 C145th S eet West Rosemount,MN Everything's Cominq Up Rosemount!! 55068-4997 Phone:651-423•4411 Hearing Impaired 651-423-6219 Fax:651-423•5203 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE STATE OF MINNESOTA) COUNTY OF DAKOTA ) ss. CITY OF ROSEMOUNT ) Susan M. Walsh,being first duly sworn, deposes and says: I am a United States citizen and the duly qualif ed Clerk of the City of Rosemount, Minnesota. On September 8, 1999, acting on behalf of the City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office,Rosemount, Minnesota, a copy of the attached notice of a Public Hearing for the purpose of reviewing the application of Champion Auto Stores for a zoning interpretation, addressed to the persons listed on the attached listing at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. � � usan M. Wals City Clerk City of Rosemount Dakota County,Minnesota Subscribed and sworn to before me this 8�'day of September, 1999. 1 Notary Public /1,AM � �LjF�anr,= �'j.Quinnr�l �t Notary Public-Minnesota �'�'��`� Oakota Couniy 1 Comrmssie,��Y1/31v��