HomeMy WebLinkAbout20180521 - VIII-B-1 Reauthorize SUP - Automotive Repair
City Council Memorandum
To: Mayor Hicks & City Councilmembers
From: John Hinzman, Community Development Director
Date: May 21, 2018 Item: Resolution: Reauthorize Previous Approval #2018-21 – SUP for Automotive Repair – 223 11th Street W
City Council Action Requested:
Consider adoption of the attached resolution reaffirming a previously approved Special
Use Permit (SUP) for automotive repair at the former Mileage Station located at 223 West 11th Street. Approval to reaffirm a past approval requires a simple majority of
Councilmembers.
Background Information:
On August 19, 1985 the City Council approved a SUP for automotive repair at the subject property. The city did not start drafting resolutions for many types of approvals
including SUPs until about 2003. Without a resolution being recorded, there is no official
documentation on which the prospective owner may rely. City records contain the
original application, Staff reports, and meeting minutes confirming the SUP was issued
and the conditions that were imposed.
The property is for sale and a prospective buyer (Lucky Stations) plans to reopen the
existing gas station and repair garage.
The original approval including all conditions have been carried over to the attached resolution.
Special Use Permit approvals are specific to a property rather than to the original
applicant. Once approved, the use may operate in perpetuity within the original proposal
and conditions. Subsequent uses that do not fit the originally approved proposal and conditions must receive a new SUP. Approved SUPs may be revoked under specific
regulations.
Financial Impact:
Reopening of the closed facility will increase the tax base.
Advisory Commission Discussion:
The Planning Commission held a Public Hearing and made a recommendation for
approval on August 12, 1985.
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Council Committee Discussion: N\A
Attachments:
• Location Map
• Resolution
• Original application
• City Council Memo August 19, 1985
• City Council Minutes August 19, 1985
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HASTINGS CITY COUNCIL
RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A REAUTHORIZATION OF THE
SPECIAL USE PERMIT FOR THE OPERATION OF AN AUTOMOTIVE
REPAIR BUSINESS LOCATED AT 223 11TH STREET WEST
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, On August 19, 1985, the City Council approved a Special Use Permit for an automotive repair business generally located at 223 11th Street West and legally
described as follows:
Lot 2-4, Block 80, TOWN OF HASTINGS, Dakota County Minnesota, together
with the vacated alley of Block 80 immediately south of the property; except that portion of TH 55 right-of-way.
WHEREAS, the Special Use Permit Approval was contingent upon the following
conditions, which remain in effect: 1. Receipt of an access permit from the Minnesota Department of Transportation
for ingress and egress to State Trunk Highway 55.
2. Construction of a six foot high screened fence along the south side of the
property.
WHEREAS drafting, approving, and recording an official resolution for special
use permits was not a city practice at the time of the original approval; and
WHEREAS the prospective successor owner of the property desires to use the
property pursuant to the approved Special Use Permit; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
The City Council hereby reauthorizes the Special Use Permit for automotive repair at the subject property.
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Council member ______________________ moved a second to this resolution and
upon being put to a vote it was adopted by the following vote of all Council Members
present.
Ayes:
Nays:
Absent:
ATTEST: __________________________
Paul J. Hicks, Mayor
________________________________
Julie Flaten
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 21st day of May,
2018, as disclosed by the records of the City of Hastings on file and of record in the office.
________________________________ Julie Flaten
City Clerk (SEAL)
This instrument drafted by:
City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
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LANDUSEAPPLICATIONCITYOFHASTINGSAddressofPropertyInvolved223West11thStreetLegalDescriptionofPropertyInvolved193215004080OfficialUseOnlyDateRecdApplicantNameLocalOilCoAddress1stBaileyStCaseNoHastingsMinnesota55033FeePaidTelephone6124373052RecdbyOwnerIfdifferentfromApplicantNameWilliampBirchen600AshlandSteAddressTelephone6124371945RequestZoneSpecialUseXSitePlanReviewSubdivisionVarianceOtherSitePIanApprovalPresentZoneApplicableOrdinanceNoSectionDescriptionofRequestRemoveexistinabuildinaDumpsMovetopropersetbackRebuildnewstoreshopandinstallnewpumpsandtanksApprovedDeniedDatePlanningCommissionIIISignatureofApplicant
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VIIt
MEMO
DATE AUGUST 13 1985
TO MAYOR AND CITY COUNCIL
FROM TOM LOUCKS
SUBJECT SPECIAL USE PERMIT LOCAL OIL COMPANY HWY 55 SPRING STREET
The applicant is requesting a special use permit approval for this
site which is presentally occupied by a Phillips 66 gas station It
is the intention of the applicant to construct a convenience store
gas station and service center on this site which is located in a
C3 district A C3 district requires a special use permit for
automobile service station motor vehicle repair and wash facilities
The Planning Commission reviewed this matter and recommended approval
of the special use permit subject to the condition that the applicant
receive an access permit from the Minnesota Department of Transportation
for ingress and egress to State Trunk Highway 55 and further that a
6 foot high screened fence be constructed along the northside of the
property
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City of Hastings
August 19 1985
069
The City Council of the City of Hastings Minnesota met in
a regular meeting on Monday August 19 1985 at 7 30 p m in
the Council Chambers of the City Hall
Members Present Councilmember Berg Werner Bond Trautmann
Nesbitt Plan Mathiowetz and Mayor
Stoffel
I
I Members Absent Councilmember Kulzer
The Mayor called for addition or corrections to the minutes
of the meeting of August 5 1985 and hearing none declared the
minutes approved as presented
Moved by Councilmember Werner seconded by Council
member Plan to adopt Resolution No 71 85 Awarding the
Bid for the watermain at TH 55 and Pleasant to the new
water tower on 4th Street to the apparent low bidder
S J Louis Construction Company in the amount of
159 632 30 This award is contingent upon the City
obtaining the appropriate easements from the School
District or a permit from the Minnesota Department of
Transportation 7 Ayes Nayes None Copy of Resolution
on file
I
The Mayor declared the Public Hearing open at 7 32
p m to consider an ordinance amending Section 2 18 of
the city code Historical Preservation Commission
Everyone wishing to speak on the issue was given the
opportunity to do so Mr John Grossman Main Street
Project Manager explained the ordinance amendment and
Mr Burt Goderstead urged Council support of ordinance
amendment No one else wished to speak on the issue
Mayor closed the Public Hearing at 7 35 p m
RESOLUTION NO
71 85 AWARD BID
WATER TOWER
WATERMAIN
PUBLIC HEARING
ORDINANCE AMEND
MEN r HISTORICAL
PRESERVATION
COMMISSION
The
The Mayor declared the Public Hearing open at 7 36 PUBLIC HEARING
p m to consider amending See ion 10 01 Subdivisionlof the REZONING SIEBEN
city code rezoning Siebens Second Addition from SECOND ADDITION
Agricultural to R3 PRD Everyone wishing to speak on the
matter was given the opportunity to do so No one
Nished to speak on the matter The Mayor closed the
Public Hearing at 7 37 p m
The Mayor declared the Public Hearing open at 7 38
p m to consider amending the city code affecting the
square footage and density requirements in the R3 and R4
Districts Everyone wishing to speak on the issue was
given the opportunity to do so Mr Cory Gustafson stated
that he felt possibly the R4 District was too restrictive
and that surrounding communities should be contacted for
consistency Mr Mike Simacek of the Planning Commission
stated that the Planning Commission had reviewed the R3
R4 Districts and they were suggesting a gradual change
with the potential of adding an R5 zoning district Mr
Jack Christenson stated that the Council may wish to consider
amending the R3 R4 Districts at such time as the R5 District
is proposed No one else wished to speak on the issue The
Mayor closed the Public Hearing at 7 42 p m
r
Moved by Councilmember Berg seconded by Council
member Trautmann to pass the 3rd and final reading of
Ordinance No 183 amending Section 10 01 Subdivision 1 of
of the city code rezoning Lot 1 Block 1 Schumacher 3rd
Addition from Agricultural to an Rl Zoning District 7
Ayes Nayes None
PUBLIC HEARING
ORDINANCE
AMENDMENT R3
R4 DISTRICT
3RD READING
ORDINANCE NO
183 REZONING
4TH AND
AJHISPERING
LANE
Moved by Councilmember Trautmann seconded by Council SECOND READINC
membeJ Bond to table the matter of amending R3 and R4 ORDINANCE
Zoning Districts until tie issue of developing a R5 DistrictAMENDMENT
is resolved by the Planning Commission 5 Ayes Nayes R3 R4 ZONINC
Berg and Nesbitt DISTRICT
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070
August 19 1985
SECOND READING
ORDINANCE AMENDMENT
REZONING TO R3
SIEBENS 2ND ADDITION
SIDEYARD SETBACK
VARIANCE 913
W 7TH STREET
HASTINGS CONSTRUCTION
REZONING R2 R3 TO
R4 NORTH FRONTAGE ROAD
AND BAHLS DRIVE
LOCAL OIL COMPANY
HWY 55 SPRING
SPECIAL USE PERMIT
CWL PARKING
VARIANCE 1112 HWY
55
FRONT YARD SETBACK
2112 WESTVIEW DRIVE
APPEAL COUNCIL DECISION
SIDE YARD SETBACK
914 WEST 3RD STREET
DECLARE EXCESS PROPERTY
620 RAMSEY STREET
LATTO HOSPITAL
Moved by Councilmember Werner seconded by
Couniclmember Nesbitt to pass the 2nd reading
of an ordinance amending Section 10 01 Subdivision
1 of the City Code Rezoning Siebens 2nd Addition
from Agricultural to R3 PRD 7 Ayes Nayes None
Moved by Councilmember Nesbitt seconded
by Councilmember Plan to approve the 2 foot sideyard
variance at 913 West 7th Street in order to
allow the completion of a deck This is subject
to the Planning Commission recommendation that
0thedeckcannotbeenclosedthereforemaking
it habitable space 7 Ayes nayes None
Moved by Councilmember Werner seconded by
Councilmember Berg to pass the 1st reading of
an ordinance amending Section 1 01 Subdivision
1 of the City Code Rezoning Valley Manor Second
Addition from R2 and R3 to R4 7 Ayes Nayes
None
Moved by Councilmember Plan seconded by
Councilmember Trautmann to approve the preliminary
plat for Valley Manor Second Subdivision 7 Ayes
Nayes None
Moved by Councilmember Nesbitt seconded by
councilmember Plan to approve the Special Use Permit
to construct a convenience store and automotive service
center at Hwy 55 and Spring subject to the
condition that the applicant receive an Access
Permit from the Minnesota Department of Transportation
for ingress and egress to TH 55 and that a six foot
high screen fence be constructed along the South
side of the property 7 Ayes Nayes None
Moved by Councilmember Plan seconded by
Councilmember Nesbitt to endorse an Access Permit
to provide for one 32 foot entrance to Hwy 55 and
continue to access after Hwy 55 is rebuilt as
scheduled in the year 1988 7 Ayes Nayes None
o
Moved by Councilmember Trautmann seconded by
Councilmember Nesbitt to approve a 19 car parking
variance per the Planning commissions recommendation
for 1112 Hwy 55 7 Ayes Nayes None
Moved by Councilmember Trautmann seconded by
Councilmember Plan to deny the request for 9 5 foot
yard setback variance at 2112 Westview Drive
per the Planning Commissions recommendation 7 Ayes
Nayes None
Moved by Councilmember Bond seconded by
Councilmember Nesbitt to reconsider the action of
the City Council meeting on August 5th regarding
a side yard setback at 914 West 3rd Street 6 Ayes
Nayes Trautmann
Moved by Councilmember Nesbitt seconded by 0CouncilmemberPlantoapproveazerolotline
side yard variance in order to accomodate
construction of a car port This approval is subject
to nothing further than posts supporting the car
port 5 Ayes Nayes Trautmann and Mathiowetz
Moved by Councilmember Berg seconded by
Councilmember Nesbitt to set a Public Hearing for
the September 3 1985 regular City Council meeting
to consider the Old Latto Hospital 620 Ramsey Street
Block 46 Town of Hastings excess property
7 Ayes Nayes None
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