Loading...
HomeMy WebLinkAbout7. Phil's Body Shop Zoning AppealS U ti,l: _L 7e -m �iir o Mr, 145111 Sr RC�SEMpI,NT. �MINNFSt)IA 55naA� Mayor, Council, City Administrator Dean Johnson, Director of Community i)evelopment October 16, 1987 October 20, 1987 Agenda item 7 Phillip Anderson contacted one this summer regarding an addition to Phil's Body Shop. My immediate response was that the expansion was not permitted because the use is non conforming. Mr. Anderson would not accept my interpretation of the ordinance, so i had Roger Knutson give him a call As you can see by the attached letter, Mr. Anderson did not accept our attorney's opinion. We have processed this inquiry as an "appeal" under the section relating to the Board of Appeals and Adjustment (See Gerald Burg attachment). The Planning Commission, acting as the Board of Appeals and Adjustments, heard the "appeal" by John Anderson for the interpretation of the request to expand a non -conforming use. The Board of Appeals and Adjustments found that the zoning ordinance has no provision to allow an expansion of a non -conforming use. It further found that a variance to the non -conforming section is not permitted; because, no variance may allow a use which is not a permitted tore in a particular zoning district. Phil's was started in the mid 1960'x: Today the two -acre site contains a half dozen buildings, including Mr. Anderson's residence, a mobile home, an office for Phil's, an office for AAA Auto Salvage, body shop and painting buildings and salvage parts storage. The site is truly non -conforming and has been expanded illegally, with the addition of AAA Salvage. We have met with Jerry Anderson to discuss options available to deal with the issue of the salvage business, Our position at this time is to look at a conitact for continued use (and perhaps further expansion) for a specified period of time, then the business would relocate to a properly zoned and regulated location. If this option isn't pursued, the City Attorney and I feel we have no other choice but to recommend prosecution. The request to expand Phil's should be denied on the basis of the zoning ordinance language itself. The issue of the salvage business worsens their arguments for expanding Phil's; but, a denial may be found and should be based upon Phil's expansion alone. i have attached the section on non -conforming uses from the zoning ordinance for reference. There are only two options available to legally approve this appeal by Phil's Body Shop: the site could be rezoned or we could enter into a written agreement with Phil's and AAA to allow continued use of the property for a specified period of time. The rezoning is not acceptable to me, personally. This area is without improved roads or public utilities. A commercial rezoning would permit the body shop. but it would thrust the residences into a non -conforming status. The site is also over -utilized. Parking, setback and lot coverage requirements could not be met if proper zoning were approved. On the basis of the arguments presented, i must recommend a denial of the appeal In order to maintain a spirit of cooperation, 1 would suggest the Cily encourage both Phil's and AAA to give serious consideration to an agreement or contract as mentioned. We can justify a departure from our ordinances in this instance, if we can demons(rate a proper and mutual resolution to the problem. As an example, if (lie husinci5es agreed to relocate in three years, then we could allow them to expand in the interim. IZI PHIL'S BODY SHOP, INC. 2025 - 135(h St. West Rosemount Minn. 55068 6 Phone: 423-2433 3"-otF•Ilbf?f 10, 1();97 J Mr i to i)hen J i I k City i%dwinistrator ' City of Rosemount Dear Mr Alk, I hereby submit a renu96t to be p l aced 'ran the agenda of the city council regarding a request for a building permit. 1 have been in contact :with Dean Johnson who referred me to the city attorney. Up to this point 1 have not roceived a satisfactory -inswPr. I have rr!nuested a building permit to install a new down -draft paint booth at Phil's Body Shop. My Old booth is nut -dated and is a health hazard. Since the existing btaiiding is not eouipped to handle a new -styles booth, an addition is necessary. It would be a 30' x 301 addition attached to the N VY corner of the existing shop building. I would appreciate the city's favorable consider-"' ation In this matter,sinee It would allow nae to kip -grade my business which has serviced the Flesemount community for 23 years. Sincerely, 111111 It Anci tI 10�1 een A;4, ' September 21, 1987 011/ of (Woseni ou n t 2875-1451H ST W. ROSEMOI/NT, MINNFSOTA 55068 612- 423-4411 Mr. Phillip Anderson Phil's body Shop, Inc. 2025 135th Street West Rosemount, MN 55068 Re: Building Permit Request Dear Mr. Anderson: I am writing in response to your letter of September 10, 1987. In that letter you outlined a request to appear before the city council to discuss a building permit to expand your building at your business of "Phil's Auto Body." In order that this request may be considered, since the addition would be considered an expansion of a non -conforming use, a public hearing before the City Board of Appeals and Adjustments will be necessary. We have scheduled this hearing for 6:00 p.m. on Tuesday, October 6, 1987, at City mall. I have enclosed an application, which you will need to fill out and return to Dean Johnson, our Community Development Director. Following this hearing, if the Board of Appeals and Adjustments denies your request, youmayappear before the city council to appeal your request to them. They could overrule the Board of Appeals and Adjustments' ruling. We will place this item on the city council agenda that same evening so that if necessary you may appear before them. Please fill out the Appeal Petition form and send it with the application fee of $10 to Dean Johnson, Community Development Director. Sincerely, Stephan Jilk Administrator,/Clerk smJ Enclosure CITY OF ROSEMOUNT—_----------_----- AF�� PET I T I ON Date: Applicant: Phone:'. Address: f / STATUS OF APPLICANT: =— Owner _ Buyer Lessee Other LOCATION: Lot _�'� Block Addition Street AddressZZ" Metes and Bounds Description Attached: Survey or Plot Plan Attached: Presently Zoned: Variance Requested: REASON FOR REQUEST: I. -!' . 3. ----------------------------------------- _ Si attire -of- Applicant _--- - --_- FOR OFFICE USE ONLY ---- ------ r Application received by j ;�..� 1 l j �iz. r,r< Date: Fee: $—:_�'''� Now Paid: ;' !�• „ Date: Planning Convnission Action: Date: 6 ;• � �'_ +,max e • �/ , • �. �'�_._� ,r /tee—�.` , 1 I4ISt 1 1 ` ` • f r. Yui: ✓ - ' 'fit • T9su rrly 2l• .' gap - , j \ \ 1 1 , � 1 1 • *-----yJ.i �,,j 111 N \1 1� \ - ��\` � r\j t 1♦ � T 9BQ_ 1 Tveoa r Tvg¢ 1 1 ! © 1 1 Ji 4 / • 7-933 ^ f $ ph; -- AAA va�e NW 1/4 SECTION 21 T115N,R19W i M IlY'114YtPY, R V.101.6-M.gl aqE Aft IWgi ROSE MOUNT, MINNESOTA al Yi,l I'•gH1J4g4P•1$ IAYtN R• gO+EMflRHi{ SECTION 1,.1. Nnn.Confortning Uses (StrurtitrcR, URee and Signs) Srobd. 13.1 Purpose It is fire Intent of this ordinance to per- mit the. continttnflon of structures, loses and signs which legnily exist on the effec five date of this ordinance but which do not conform to the provisions herein net forth for the district within which Bald structure, lose or sign Is located. a. To limit the number and extent of non-conforming loses by prohibiting the enlnrgement, the repoablishtnenl After ahradonment nra the alteration or restoration after destruction. b. To eventually eliminate uses whlchy do not conform with district require- ments or to allow alterations so they do conform. Subd. 13.2 Aitoretlent, MelnNno"ce, No- construction, Abondenmen! a. Structures, uses and signs shnll not be altered or enlarged unless the change brings the strtocture, use or sign into conformance with district rehuirements. b. Routine maintenance and repnirs may he performed on a lawful non conforming structure or sign to correct normal deterioration, obsolescence and went but shall not to Wille more than 30% of the assessed value there- of. c. Any non-ronfornting ntrurture or sign damnRed by fire, explosion or ether rnuRCs cony he restored, rebulit or re paired provided flint such restnrniinn does not exceed 50% of its assessed value. d. Whenever a non-conformling structure, lose or sign has been abandoned for a period of six consecutive months, surh dincnntin innce tthnll he considered evidence of legal abandonment and said uses shnil therenfter be used in conformity with the provishms of this ordinnnre, e. Non-ennfortning usrs MIMI compiy with nil reguinfionn for off-atrecrt parking. Innding, screening. tnndsrnp Ing and performance MntldnrdR. �[ !7 2875-145TH ST W. ROSOUT. MINNESOTA 55068 osern un 612--423-4411 AFFIDAVIT OF POSTED HEARING NOTICE STATE OF MINNESOTA COUNTY OF DAKOTA)ss CITY OF ROSEMOUN"j' Stephan Jilk, being first duly sworn, deposes and says: I am a United States citizenand the duly qualified Clerk of the City of Rosemount, Minnesota. On October 8, 1987, acting on behalf :of the said City, t posted at the City Hall, 2875 145th Street West, Rosemount, Minnesota, a copy of the attached notice of a public hearing for the request of Phil's Body Shop, Inc. for an appeal to the October 6, 1987 Planning Commission denial of a building permit to expand a non- conforming use. 1 Steph4 Jilk A d m i n i s t r a t o r I C I e r le:� City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this 8th day of October, 1987. Not ry Public a ZIv'. tin a susp.j I'A. JMINSON NOTA)"I'f p!1E1tH �TitlP1ESOTA oAWA A (70U*44TY MY COMM EY•pIR[5 JUNE 11. 1992 JAM r �t if O 2875 -145TH ST. W O c� �n O u N 2 ROSEMOUNT• MINNESOTA 55068 J II L ' ! ! 612-421-4411 1 Public Notice TO WHOM IT MAY CONCERN: The City Council of the City of Rosemount will hold a Public Hearing on Tuesday, October 20, 1987 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m. The purpose of this hearing is to receive comments on the appeal of Phillip Anderson, 2025 135th Street West, in regard to denial by the Planning Commission of the City of Rosemount of a Building Permit to expand a non -conforming use, Phil's Body Shop, Inc., part of the Northwest Quarter of Section 21, Township 115, Range 19, Dakota County, Minnesota. Such persons as desire to be heard with reference to the above will be heard at this meeting. Dated this 5th day of October, 1987. Stepha hlk Administrator Clerk City of Rosemount Dakota County, Minnesota •; r ;� in