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05/15/1995 - City Council Special AGENDA SPECIAL CITY COUNCIL MEETING Monday May 15, 1995 5:00 p.m. Black Hawk Middle School L ROLL CALL & ADOPTION OF AGENDA II. EXECUTIVE SESSION/LABOR NEGOTIATIONS FOR CLERICAL MEDIATION III. SPECIAL INDUSTRIAL ZONING CATEGORY (SOUTHEAST EAGAN LAND USE STUDY) IV. PROJECT 680 - CLIFF ROAD UPGRADE (CHES MAR DR. TO LEXINGTON) V. CENTRAL AREA UPDATE VI. OTHER BUSINESS VII. ADJOURNMENT 40111. MEMO city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 9, 1995 SUBJECT: SPECIAL CITY COUNCIL MEETING/MONDAY, MAY 15, 1995 At the May 2 regular City Council meeting, a Special City Council meeting was scheduled for Monday, May 15, at 5:00 p.m. to be held at Black Hawk Middle School. Room 160. (Special Note: Room 160 is located across the corridor, next to the restrooms and adjacent to the stage area used at our last City Council meeting.) A light dinner will be served in that room. It should also be noted that it was the intention of both the City Council and staff that the special work session would begin at 5:00 p.m. and if business is not completed by 6:30 p.m., the work session will be suspended and reconvened after the regular City Council meeting that same evening. EXECUTIVE SESSION/LABOR NEGOTIATIONS FOR CLERICAL MEDIATION, A"brief'executive session will be necessary at 5:00 p.m. in Room 160 to provide the City Administrator and Assistant to the City Administrator Duffy with appropriate direction for clerical mediation scheduled for Tuesday, May 16. Attached without page number is a memo that summarizes the status of negotiations and direction Council needs to provide its negotiating team for the scheduled mediation. SPECIAL INDUSTRIAL ZONING CATEGORY, 'SOUTHEAST EAGAN LAC USE.STUDY) At the direction of the City Council, at the May 2 City Council meeting, a work session was scheduled to consider a special industrial zoning category that would be used to zone the Halley's Addition. Enclosed without page number is a copy a report from the Community Development Department relative to this item. The Director of Community Development will present information at the meeting on Monday. Property owners located in Halley's Addition have been told this is not a public hearing, but they are certainly welcome to attend and observe the discussion. PROJECT 680 - CLIFF ROAD UPGRADE ICHES MAR DR. TO LEXINGTON) Enclosed on pages 3 through is a memo from the Director of Public Works and a letter from Dakota County regarding the upgrade of Cliff Road from Ches Mar Drive to Lexington Avenue referenced as Project 680. The memo explains reasons the City Council needs to address Project 680 at this work session. CENTRAL AREA UPDATE Director of Community Development Reichert would like an opportunity to further review the status of discussions the City and Opus continue to have regarding the development proposal for the O'Neil parcel. OTHER BUSINESS The Caponi Art Park liaison committee held its last meeting on May 2, 1995 to discuss a recent memorandum prepared by the City Attorney which basically states that it is illegal for the City to expend public funds to establish a foundation and raise money solely for the benefit of a non-profit corporation. The committee, consisting of City Councilmembers Awada and Masin, would like an opportunity to meet with the City Council to establish the City's position, which will then be followed up with a meeting with the Caponi's. The City Administrator and Chief of Police are reviewing the feasibility of the City sponsoring a fireworks display for the July 4th celebration. Items being reviewed include availability of an appropriate and safe location; liability to the City; cost of fireworks, person(s) to operate them, satellites, overtime pay, etc.; safety concerns; and traffic control. Information will be available at the meeting on Monday. There are no other business items scheduled at this time. ADJOURNMENT The workshop session will adjourn no later than 6:25 p.m. /S/ Thomas L. Hedges City Administrator 0---- ' MEMO city of eagan TO: Thomas L. Hedges, City Administrator FROM: Thomas A.Colbert, Director of Public Works DATE: May 8, 1995 SUBJECT: PROJECT 680, CLIFF ROAD UPGRADE (CHESMAR DRIVE THROUGH LEXINGTON AVENUE) REQUEST FOR DELAY AND EXPANSION OF PROJECT BY DAKOTA COUNTY Since October of 1990 when the City started preparing formal five-year capital improvement programs (CIP),the upgrading of Cliff Road (County Road 32) from Chesmar Drive through Lexington Avenue has been programmed for 1995. From the beginning, the extension of this County road upgrade as a divided four lane County road from Lexington Avenue to T.H. 3 had always been identified as a future project until the 95-99 CIP where the second phase was accelerated from the "future" category to 1998. However, the Chesmar Drive to Lexington Avenue intersection always remained as originally programmed for 1995. The attached letter from the City to Dakota County requesting information to proceed with the first stage (Project 680) during 1995. The County `s response of March 31 suggest that the first stage be delayed until 1996 and that the project be expanded to incorporate the second stage (Lexington to T.H. 3) as well. This proposal should be presented to the City County at a workshop session to discuss to what extent they want to delay and accelerate various portions of the recently approved 95- 99 CIP. I would like to share with the City Council my reservations about accelerating the second phase of Cliff Road at an estimated total City cost of$2.2 million of which only about $113,000.00 can be special assessed to adjacent properties in light of the current and projected traffic volumes and also taking into consideration the financial needs of the City or the potential major central area transportation improvements (Ring Road) programmed to begin around 1998. Please let me know when this can be discussed with the City Council and if any additional information is necessary prior to the workshop. Thomas A. Colbert, Director of Public Works Attachments: City Letter dated 2/07/95 County Response dated 3/31/95 cc: Mike Foertsch, Assistant City Engineer Arnie Erhart, Superintendent of Streets/Equipment DAKOTA COUNTY DAVI EVERDS`P.E. (612 89' -'CC , cri� HIGHWAY DEPARTMENT Fax 1612'89'-"2' .,o-- I. 14955 GALAXIE AVENUE 3RD FLOOR APPLE VALLEY MINNESOTA 85124-857, 1. March 31, 1995 Mr. Tom Colbert Director of Public Works 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom: The Mike Foertsch February 7 letter to Dave Zech requested our plans regarding the Cliff Road C.P. 32-28 project. I apologize for the delay but the work load has been quite hectic with the Yankee Doodle and other projects. The goals for Cliff Road improvements involve additional lanes for capacity requirements and a trail to serve the Schultz Beach area as mentioned in Mike's letter. The proposed project to Lexington does not solve the latter problem and the proposed CIP request to connect to the T.H. 3 area does not take place until 1998. Two projects will mean separate disruptions of traffic m two different years and higher construction costs. Because the access problems and lack of trail to Schultz Beach area are not taken care of in the first project, I propose we build everything at one time, preferably on 1996. I propose that we meet soon to discuss our next action. I will call you next week. Sincerely, David L. Everds, P.E. Dakota County Engineer DLE/ckj nTdbn 10 Pnnted on recycieo paper 20%post-consumer AN EQUAL OPPORTUNITY EMPLOYER elle� city of ocigcin THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN February 7, 1995 THEODORE WACHTER Council Members THOMAS HEDGES City Administrator Dave Zech E.J. VAN OVERBEKE Dakota County Highway Department City Clerk Western Service Center 14955 Galaxie Avenue West 3rd Floor Apple Valley, MN 55124 RE: CITY PROJECT 680 CUFF ROAD CONSTRUCTION (CHES MAR DRIVE TO LEXINGTON AVENUE) Dear Dave: Last week, John Wingard of the City's Engineering staff had contacted your office in an effort to try and set a meeting between City staff, County Highway Department staff and the City's consulting engineer assigned to the project ( Maier, Stewart & Associates, Inc.). At that time, you had indicated to John that a meeting between the three parties was probably premature because you were uncertain if the Cliff Road reconstruction project was going to proceed in 1995. The City's current C.I.P. (1995 to 1999) identified the Cliff Road improvements as a 1995 Project as does the County's current C.I.P. The City has allocated the appropriate funds to finance the City's portion of the improvements, retained the services of Maier, Stewart & Associates, Inc. to assist the City in the preparation of the appropriate utility improvement plans and specifications, and retained field inspection services as well as City staff to assist in this roadway construction. It clearly is the City's preference to proceed with the Cliff Road reconstruction during the 1995 construction season. The City has received complaints about the safety of the Ches Mar Drive and Cliff Road intersection in the past. In addition, the City has received complaints from residents regarding pedestrian access to and the availability of parking for the Schultz Lake Beach Recreational Area. MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY `3.x01 COACHMAN POINT EGGAN.MINNESOTA 55122.1897 EGGAN.MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681-4612 Equal Opportunity/AtfltmatIve Action Employer FAX:(612)681.4360 TDD:(612)454-8535 1DD:(612)454.8535 --..-6 If it is the County's desire to amend their current C.I.P. to delay construction of Cliff Road until sometime in the future, please submit such a revision in writing. If it is the County's desire to proceed in 1995, please provide a schedule so that no unnecessary delays occur in providing the County with information as required. Thank you for your timely response. 7-it__ Michael P. Foertsch, P.E./LS. Assistant City Engineer MPF/cb cc: Tom Colbert, Director of Public Works Steve Gatlin, Maier, Stewart & Associates, Inc. John Wingard, Design Engineer Pat Geagan, Chief of Police 9 b 4011111 MEMO _ city of eagan MEMO TO: Mayor Egan and City Councilmembers Tom Hedges, City Administrator FROM: Peggy Reichert, Community Development Director Kristy Marnin, Senior Planner Lisa Freese, Planner DATE: May 12, 1995 SUBJECT: Southeast Industrial Area At its May 2, 1995 meeting, the City Council directed staff to explore establishing a new zoning district for the parcels within the Southeast Industrial Area, excluding the Gun Club and the two vacant parcels south of the Gun Club. The purpose of such action would be to determine if some industrial use of the area could be maintained and be compatible with adjacent residential and public uses. Before discussing the advantages and disadvantages of this directive and related options, the existing situation should first be re-examined. EXISTING CONDITIONS Table 1 lists all uses permitted by right or as a Conditional Use Permit in an I-1 district. Table 2 lists the current use(s) of each parcel in the study area and if these uses are permitted or conditional in the I-1 zoning district. (Attachment A provides an in-depth inventory of existing uses). This table shows that, generally speaking, most of the uses conducted indoors are permitted and most of the uses conducted outdoors are conditional. Some of the uses, however, are either not specifically addressed in any district in the Code or are permitted/conditional in some other zoning district instead of I-1 Table 3 provides a comparative listing of uses allowed in I-1, 1-2, R&D, and GB districts 1 OPTIONS In assessing these four options, the Council should ask itself which approach will result in achieving the Council's goals and vision for the Southeast Area. In general, the options become increasingly more strict in controlling the types of industrial uses permitted in terms of intensity, noise, outdoor storage, etc. The implications to the existing uses under each of the four options are discussed below. 1. Keep Existing I-1 District As Is; Proactive Enforcement This option would leave the I-1 zoning in place, but would set forth a zoning enforcement program for the area. The existing I-1 performance standards somewhat address the issue of industrial districts adjacent to residential, agricultural and public facility districts by requiring additional fencing or screening and landscaping in those areas (11.20 Subd. 16.D. 2, 3 & 4). Those uses that are neither permitted nor conditional uses in the I-1 district would have to cease Those uses that are conditional in the I-1 district would have to obtain valid conditional use permits. Those uses that have valid conditional use permits would have to meet the conditions of the permit. ADVANTAGES: OPTION 1 1. Leaving the I-1 zoning as is meets the goal of cleaning up the area and allowing some industrial uses to continue without creating a new or revised zoning district (i.e., minimizes the bureaucracy). DISADVANTAGES: OPTION 1 1. The I-1 zoning district allows a wide range of industrial uses, some fairly intense. Less than desirable industrial uses could occur through redevelopment or development of vacant property. IMPLICATIONS TO EXISTING USES: OPTION 1 In general, many of the performance standards required in the I-1 district would be difficult to achieve, given the locations of existing buildings and small lots sizes Following is a list of improvements that would be needed for the entire area to meet the I-1 standards: • six foot fence or compact evergreen hedge must be erected along the entire eastern boundary of Halley's Addition (Lots 1-4, Block 2) and along the northern boundary of Lot 4, Block 2 (HTS Enterprises) (11.20 Subd. 16.D.2) 2 • three foot fence or compact evergreen hedge must be erected along the northern boundary of Lot 5, Block 1 (Mega Excavating) (11.20 Subd 16.D 2) • the yard of Lot 5, Block 1 (Mega Excavating) adjacent to Red Pine Lane must be landscaped and have a minimum depth of 100 feet (11.20 Subd 16.D.3) (NOTE: Lot 1, Block 1--Twin City Fork Lift--was granted a variance from a similar requirement along Gun Club Road; it is unclear if Lot 1, Block 2-- Midwest Snow & Landscaping--received a similar variance) • open storage and truck parking areas, if any, on the east side of buildings located on Lots 1-4 Block 2, the south side of buildings located on Lot 1, Block 1 and Lot 1, Block 2, and the north side of buildings located on Lot 4, Block 2, must be relocated because such uses are not permitted on the side abutting an A, R or P district (11.20 Subd 16.D.4) • a 20 foot wide landscaped yard must be installed and maintained adjacent to Biscayne Avenue for all lots in Halley's Addition (11.20 Subd.19 D) (NOTE. Lot 1, Block 1--Twin City Fork Lift was granted a variance from a similar requirement along Gun Club Road; it is unclear if Lot 1, Block 2--Midwest Snow & Landscaping--received a similar variance for along Gun Club Road) • a minimum 5 foot landscaped yard must be installed and maintained on the interior side yards and rear yards (i.e., east and west boundaries of Halley's Addition) for all lots in Halley's Addition (11.20 Subd. 19.D) • parking areas must be paved and curb and gutter installed for Lots 2-5, Block 1 and Lots 2 and 4, Block 2 (11.10 Subd.12) (NOTE: Lot 1, Block 1 and Lots 1 & 3, Block 2 were granted a variance from these requirements) • loading docks are not permitted along the front side of a building (11.10 Subd. 14 B.), the loading docks on Lot 2, Block 2--Laurent Properties--and Lot 3, Block 2--John Young--must therefore be relocated. (NOTE: loading docks are also not permitted on the side abutting an A, R or P district; therefore, the loading docks would have to be located either on the north or south side of the buildings noted) (11.20 Subd 16.D.4) • other issues such as maximum building coverage of 35%would be determined and enforced should any building expansions be proposed (11.20 Subd. 16.D.1) 3 Attached is a site improvement plan submitted by the property owners showing some proposed landscaping, paving and fencing improvements. The following list indicates the enforcement action needed and zoning issues to be resolved regarding current uses: Twin City Fork Lift (Lot 1, Block 1) • Salvage operations are not permitted or conditional in the I-1 district and would therefore need to cease. • A new CUP is needed for the remaining outdoor storage because the type of outdoor storage in existence is not consistent with the CUP issued for the property in 1984. • Two of the uses occurring within the building--heavy equipment repair and sign painting--are not listed uses in the Code, in any district. A determination needs to be made if these are appropriate uses in the I-1 district (and, if not, what district such uses would be appropriate in) Wood Machine Inc. (Lot 2, Block 1) • The dumpsters must be located inside the building or enclosed in accordance with 11 10 Subd. 29 C. • A CUP is needed for the outdoor storage (trailer and miscellaneous materials) Magnum Towing (Lot 3, Block 1) • The CUP issued for the property is for outdoor storage of impounded and/or towed vehicles only. Storage of junk/inoperable vehicles, trailers and other miscellaneous items must cease. • Auto salvaging, if any, is not allowed in the I-1 district and must cease. Mega Incorporated (Lots 4 & 5, Block 1) • A CUP is needed for use of the site as a contractor's yard. Previous CUPs issued for the site were for a truck terminal and outdoor storage of pallets, neither of which uses are occurring on the site (therefore, those permits have expired). 4 Midwest Snow and Landscaping (Lot 1, Block 2) • The above ground fuel tank may need a CUP. • A CUP is needed for outdoor storage of the landscaping materials and miscellaneous small engine parts. • One use within the building is small engine repair (Dakota Small Engine). This use is not listed as either a permitted or conditional use in the I-1 district. It is listed, however, as a permitted use in the GB district. A determination needs to be made if this is an appropriate use in the I-1 district. • Another use within the building is sales of pressure washers & supplies (Sun Tech, Inc.). Wholesaling and related sales are permitted uses in the I-1 district. However, it is unclear if this particular use is wholesaling. A determination needs to be made if this is an appropriate use in the I-1 district. Laurent Properties (Lot 2, Block 2) • A CUP is needed for outdoor storage of vehicles awaiting repair and vehicle parts. • One use within the building--indoor specialty auto storage-- is not a listed use in the code. A determination needs to be made if this is an appropriate use in the I-1 district (and, if not, what district such uses would be appropriate in) If this tenant wants to store autos outside, a CUP is necessary. John Young (Lot 3, Block 2) • The dumpster must be located inside the building or enclosed in accordance with 11.10 Subd. 29.C. HTS Enterprises (Lot 4, Block 2) • A new CUP is needed for outdoor storage of raw materials and contractor shacks, which is not consistent with the type of outdoor storage for which a CUP was issued for the property in 1981 (contractors equipment). 5 McFarland (unplatted 022-79) • The dumpster must be located inside the building or enclosed in accordance with 11.10 Subd. 29.C. • The use of the building is a printing business. This use is not listed as either a permitted or conditional use in the I-1 district. It is listed, however, as a permitted use in the GB district. A determination needs to be made if this is an appropriate use in the I-1 district. Oberg (unplatted 021-79) • A CUP is needed for a contractor's yard. 2. Modify 1-1 District: No Conditional Uses This option would involve adopting a policy for use in evaluating projects in the Southeast Area which would allow only those uses currently permitted in the I-1 district. None of the uses currently listed as conditional uses would be allowed, the reason being that most conditional uses in the I-1 district are not particularly compatible with the character of the surrounding neighborhoods This policy could be adopted either as a general operating policy or as a policy as part of the Land Use Element of the Comprehensive Guide Plan. The policy, intended for only the Southeast Industrial Area at this time, could be adapted for use—in the future, if necessary--in other similar pockets of commercial or industrial areas within a residential neighborhood. The intent of this option would be to provide and ensure compatibility between the two differing (industrial and residential/public) neighborhoods. Under this option, the I-1 zoning would remain. Development and redevelopment proposals would be reviewed far conformance with policy disallowing conditional uses, and approved or denied based on this review. ADVANTAGES: OPTION 2 1. The policy could prevent development of new uses on vacant parcels and limit expansion of existing uses which would be incompatible with the adjacent residential and public uses. 2. The policy would essentially eliminate most, if not all, outdoor storage. 6 DISADVANTAGES: OPTION 2 1 The policy would not apply to those existing uses for which a valid CUP is in place. It would only apply to additions, new development, or redevelopment. 2. The policy, in and of itself, does not clean up existing uses. Proactive enforcement of current I-1 requirements, as discussed in Option 1, is also necessary. IMPLICATIONS TO EXISTING USES: OPTION 2 In essence, the effect on the existing uses is that all outdoor storage for which there is not a valid CUP would have to cease. As shown in the second column of Table 1, this includes outdoor storage currently occurring on the following properties: • Twin City Fork Lift (Lot 1, Block 1): no existing CUP • Wood Machine (Lot 2, Block 1): no existing CUP • Magnum Towing (Lot 3, Block 1): although a CUP was issued for outdoor storage of impounded and/or towed vehicles, other types of outdoor storage is occurring; outdoor storage of other items would have to cease; if the conditions of the existing CUP continue to be violated, this CUP could be revoked altogether • Mega Incorporated (Lots 4 & 5, Block 1): no existing CUP • Midwest Snow and Landscaping (Lot 1, Block 2): no existing CUP • Laurent Properties (Lot 2, Block 2): no existing CUP • HTS Enterprises (Lot 4, Block 2): no existing CUP • McFarland (unplatted 022-79): no existing CUP • Oberg (unplatted 021-79): no existing CUP The only property within Halley's Addition for which Option 2, in and of itself, would have no direct effect is the John Young property (Lot 3, Block 2). This is because, under existing conditions, no current use of the property requires a CUP. 3. Modify I-1 District: Modify Conditional Uses This option would involve adopting a policy for use in evaluating projects in the Southeast Area which would allow only those uses currently permitted in the I-1 district and some selected conditional uses. Also, criteria could be added which would limit the amount of space on each lot devoted to a conditional use (eg., no more than 10% outdoor storage). Only those conditional uses that are determined to be compatible with adjacent residential and public uses would be allowed. As with Option 2, this policy could be adopted as a 7 general operating policy or as a policy as part of the Land Use Element of the Comprehensive Guide Plan. The policy, intended for only the Southeast Industrial Area at this time, could be adapted for use--in the future, if necessary--in other similar pockets of commercial or industrial areas within a residential neighborhood. The intent of this option would be to provide and ensure compatibility between the two differing neighborhoods, and also to provide some flexibility in the number of uses allowed. Under this option, the I-1 zoning would remain. Development and redevelopment proposals would be reviewed for conformance with the policy established, and approved or denied based on this review. ADVANTAGES: OPTION 3 1. The policy could prevent development of new uses on vacant parcels and limit expansion of existing uses which would be incompatible with the adjacent residential and public uses, and is more flexible than Option 2 2. The policy would limit the amount of outdoor storage allowed on each lot. DISADVANTAGES: OPTION 3 1. The policy would not apply to those existing uses for which a valid CUP is in place. It would only apply to additions, new development, or redevelopment. 2. The policy, in and of itself, does not clean up existing uses. Proactive enforcement of current I-1 requirements, as discussed in Option 1, is also necessary. IMPLICATIONS TO EXISTING USES: OPTION 3 The effect on the existing uses would be the same as in Option 2 if the conditional uses that would not be allowed include outdoor storage and contractor's yards. However, under this option,the Council could decide to allow outdoor storage, but limit the types and extent of outdoor storage. Those types of outdoor storage which are not specifically allowed and for which a valid CUP is not in place would have to cease Table 2 lists all uses that are either permitted, conditional or accessory in the I-1, 1-2, R-D and GB districts. This table can be used for discussion as to the types of conditional uses that the Council would like to limit or modify. 8 4. Adopt a New Zoning District This option would involve creating a new zoning district--by ordinance, not policy--for the Southeast Industrial Area. The existing I-1 district would be used as the base, and the number of permitted and conditional uses would be reduced to only those uses deemed compatible with adjacent residential and public uses. An alternative to this option would be to rezone the area to R-D Research and Development. R-D is an industrial district, created to permit ". . . subject to . . regulations, restrictions and controls, professional research and development and limited industrial structures and operations which will be compatible with the predominantly residential character of surrounding areas so as to preserve for the residents of the City the full use, benefit, and enjoyment of their homes and property. It is not the purpose . . . to permit ordinary and usual types of industrial structures and operations . .". As such, the City does currently have a district that is intended to provide appropriate restrictions and controls thereby allowing certain industrial uses to coexist with residential uses. Table 2, with the types of uses currently allowed in the three industrial and GB districts listed, can be used a base from which to customize a new industrial district for the area ADVANTAGES: OPTION 4 1. Rezoning the area to a new zoning district (assuming a new zoning district would limit uses to those types of light industrial uses compatible with residential and public uses and would establish performance standards to provide superior buffering) or to R-D would prevent development of new uses on vacant parcels and limit expansion of existing legal conforming uses which would be incompatible with the adjacent residential and public uses DISADVANTAGES: OPTION 4 1. Rezoning the area to a new zoning district or to R-D does not provide any additional controls on the existing legal conforming uses beyond the existing I-1 district controls. When property is rezoned, existing uses that are legal conforming uses (i.e , specifically permitted uses or conditional uses with a valid conditional use permit meeting all conditions) under the previous zoning become legal nonconforming uses. Legal nonconforming uses are allowed to continue, but cannot be expanded. 9 IMPLICATIONS TO EXISTING USES: OPTION 4 The effect of this option on existing uses depends somewhat on what the created uses will be for the new district. All existing legal uses would be allowed to continue. As noted in Option 1, all those uses that are not allowed under the current I-1 district would have to cease and, as noted in Option 2, all those uses for which there is not a valid CUP would have to cease. The added effect of this option beyond that of Options 1 and 2 is that if some of the existing legal uses are no longer permitted or conditional in the new district, they could continue to operate, but not expand. If the area was rezoned to R-D, the above would also be true. Also, since office and light manufacturing/processing are permitted uses in the R-D district, the existing office uses and light manufacturing/processing uses could expand, assuming all other code requirements could be met. The uses that could potentially expand, provided the use is indoors, are as follows: • Twin City Fork Lift (Lot 1, Block 1): office use only • Wood Manufacturing (Lot 2, Block 1): manufacturing of steel parts and office use, if any • Mega Incorporated (Lots 4 & 5, Block 1): office use, if any, only • Midwest Snow & Landscaping (Lot 1, Block 2): office use only • Laurent Properties (Lot 2, Block 2): office use only • John Young (Lot 3, Block 2): manufacturing of paper products and office use, if any • HTS Enterprises (Lot 4, Block 2): metal fabrication and office use • McFarland (unplatted 022-79): a it is determined that printing is light manufacturing/processing) printing business and office use, if any ACTION REQUESTED Staff requests Council direction on which of the above options to pursue. If Option 1 is chosen, direction on the interpretation of heavy equipment repair, sign painting, small engine repair, pressure washer sales and printing as appropriate uses in the I-1 district is needed. Staff would then prepare an outline of an enforcement program for Council review. If Option 2 is chosen, direction is needed on whether to prepare a policy for adoption as part of the Comprehensive Guide Plan or as a general operating policy. 10 If Option 3 is chosen, direction is needed on. 1) whether to prepare a policy for adoption as part of the Comprehensive Guide Plan or as a general operating policy, 2) which conditional uses should be allowed, and 3) what added restrictions are desired (eg., limiting the extent of conditional uses). If Option 4 is chosen, direction is needed on whether to rezone the area to R-D or a new district. If a new district is chosen, the Council should indicate what uses, both permitted and conditional, should be allowed (or not allowed) in this new district. attachments (4) seind515.mem 11 PRELIMINARY �C, IM?ROVEMENT ..-...A. / HALLEY'S 1ST ADDITIO\, EAGA\ \1I\\. (,. 1) , _ _ - ��anama ir__ lanma_.yi. IVACO kV .1 11 v - A it A H.T.S.ate. OFT AA est.Nes ;NK1 . -.• • Ma --Mb 00000 10 a rims a c WWII WIC Km d PUCK o .0111 YUO 1 u me • a --' - tar : 2 iii FM ma PA@3K LOT i W maws J OK,. Z ��Xi . Pea Pang Ai 1 ' SAIN NaGla GIB m Cl/ CUED oar a. AEA PUD seas— rims JPPA • II EVEC£36 '4417 7i I�IGI WC 1000 «' '�F Rr • I =no rtt -4. 4) -- ..:..i _ TIM CR FORK ST REPAIR „®, t ,;�r of `• , 1 - PAX EJIo ( PYOOC MU 'T .. I akCIIII 4': • r wee' i s ems GU ' • G L—U B ROAD _ TABLE 1: I-1 LIMITED INDUSTRIAL DISTRICTS Conducting a process,fabrication, storage or manufacturing light materials or wholesaling operation or providing a service including any of the following or similar uses meeting the performance standards applicable to the "I-1" District: 1. Automobile painting, upholstering, tire recapping, and major repair when conducted completely in an enclosed building. 2. Ice, cold storage plants, bottling works. 3. Offices 4. Machine and welding shops, enclosed. 5. Paper products. 6. Tennis club, skating, theater, bowling alley or similar indoor commercial recreation. 7. Radio and television. 8. Restaurants - Class 1 only. 9. Research laboratories. 10. Trade school 11. Warehousing and wholesaling and related sales or showrooms. 12 Armories or convention hall. 13. Animal hospital or clinic (with no outside kennel) 14. Amusement devices CONDITIONAL USES 1. Truck and freight terminals. 2 Contractor's yards. 3 Explosives, including all activities involving the storage, utilization or manufacture of materials or products such as TNT or dynamite which could decompose by detonation. 4. Subject to Section 11 10, Subd. 29, outdoor storage and then only conducted by an occupant of the principal building. 5. Subject to Section 11.10, Subd. 29, sales yards for building materials and then only conducted by an occupant of the principal building. 6. Sales and service for trucks or passenger cars. 7. Rental lots. 8. Dog kennels with outside pens and subject to Section 6.38 of the City Code. 9. Car or truck wash. 10. Truck stops 11. Motor fuel sales. 12. Amusement devices 13. On-sale wine and 3.2 beer. TABLE 2 SOUTHEAST INDUSTRIAL AREA EXISTING USES OPTION 1 OPTION 2 TWIN CITY FORK LIFT (L1 B1) outdoor storage, heavy equipment parts CU NA salvage, heavy equipment NA (I-2) NA outdoor storage, auto body parts CU NA outdoor storage, autos for repair CU NA outdoor storage, contractor's dump truck CU NA heavy equipment repair, indoor ? ? auto repair, indoor P p auto body repair, indoor P P sign painting, indoor ? ? office (?) p p WOOD MANUFACTURING (L2 B1) outdoor storage, misc CU NA manufacturing/machining stainless steel parts, indoor P P MAGNUM TOWING (L3 B1) outdoor storage, impounded vehicles CU CU salvage/junk yard NA (I-2) NA outdoor storage, trailers CU NA MEGA INC (L4 & L5 B1) outdoor storage, heavy equipment CU NA outdoor storage, contractor's materials/stockpiles CU NA MIDWEST SNOW & LANDSCAPING (L1 B2) outdoor storage, small engine parts CU NA outdoor storage, landscape materials CU NA small engine repair, indoor NA (GB) NA office P P sales of pressure washers & pressure washer supplies ? LAURENT PROPERTIES (L2 B2) outdoor storage, vehicles waiting repair CU NA outdoor storage, vehicle parts CU NA auto body repair, indoor P P marine repair, indoor P p office P P auto storage, indoor NA (GB) NA JOHN YOUNG (L3 B2) manufacturing paper products, indoor P P HTS ENTERPRISES (L4 B2) outdoor storage, misc CU NA outdoor storage, raw materials CU NA metal fabrication, indoor P p office P P MCFARLAND (022-79) outdoor storage, misc CU NA printing business, indoor NA (GB) NA OBERG (021-79) contractors yard CU NA TABLE 3 ZONING CODE USE I--1 I-2 R-D GB acid manufacture --- CU -- -- amusement devices, 3- machines P P -- P amusement devices, 4+ machines CU P -- CU animal clinic/hospital, indoor P P -- P animal kennels -- appliance (small) repair, indoor -- -- -- P archery, indoor -- -- -- P armories P P -- P auction sales, animal -- P -- -- auto accessories sales/service -- -- -- P auto painting, indoor P P -- -- auto parts (used), open storage -- P -- -- auto repair, major; indoor P P -- -- auto service facilities -- -- -- CU auto tire recapping, indoor P P -- -- auto upholstering, indoor P P -- -- auto wrecking -- P -- -- batteries (wet cell), mfg etc* -- P -- -- beer, on-sale CU P -- -- beer, retail sales as part of facility -- -- -- CU bicycle sales & service -- -- -- P boat sales & service -- -- -- P bone distillation, mfg etc* -- P -- -- bottling works P P -- -- bowling alley, indoor P P -- P brewing, mfg etc* -- P -- -- brick, mfg etc* -- P -- -- car wash CU P -- P cars (passenger), sales & service CU P -- -- cement, mfg etc* -- P -- -- ceramic products, mfg etc* -- P -- -- cloth, mfg etc* -- P -- -- clubs & lodges, private -- -- -- P coal, mfg etc* -- P -- -- cold storage plant P P -- -- concrete, mfg etc* -- P -- -- construction matls sales/sery -- -- -- P contractors' yards CU P -- -- convention hall P P -- P creosote plan -- CU -- -- dog kennels w/outside pens CU P -- -- dynamite, use/storage/mfg CU CU -- -- engine (small) repair, indoor -- -- -- P explosives, use/storage/mfg CU CU -- -- feed milling, mfg etc* -- P -- -- fertilizer -- CU -- -- TABLE 3 ZONING CODE USE I-1 I-2 R-D GB flour milling, mfg etc* -- P -- -- food sales -- -- -- CU fuel briquettes -- CU -- -- garden store, indoor -- -- -- P garden store, outdoor -- -- -- CU glass, mfg etc* -- P -- -- glue, mfg etc* -- P -- -- grain milling, mfg etc* -- P -- guest houses in conjuction w/P use -- -- A -- gypsum, mfg etc* -- P -- -- health clubs -- -- -- p heat processes fired by other than elec -- CU -- -- heating shop -- -- -- P ice plant P p -- -- junk yard -- CU -- -- kilns -- CU -- -- laboratories, research p p -- -- laboratories, research & development -- -- P -- laboratories, research/testing indoor -- -- -- P lime, mfg etc* -- P -- -- lumber shop -- -- -- P machine shop p p -- -- manufacturing, light -- -- P -- matls which decompose by detonation -- CU -- -- meat packing, mfg etc* -- p -- -- metal polishing/plating, mfg etc* -- P -- -- mill working, mfg etc* -- p -- -- motor fuel sales CU P -- CU motor vehicle repair/service -- -- -- CU motor vehicle sales, indoor -- -- -- P motor vehicle sales/storage, outdoor -- -- -- CU motorcycle sales & service -- -- -- P offices -- offices, general -- -- p -- offices where goods not produced -- -- -- P paint (pigment mfg), mfg etc* -- P -- paper products -- plaster of paris, mfg etc* -- P -- -- plastics, mfg etc* -- p — -- plumbing shop -- -- -- P poison -- CU -- -- printing business -- -- -- P processing, light -- -- P -- radio studio P p -- P recreation, commercial indoor p p -- P recreation areas for employees -- -- A -- TABLE 3 ZONING CODE USE I-1 I-2 R-D GB refining crude oil -- refuse or garbage disposal -- rendering works, mfg etc* -- p -- -- rental lots CU P -- -- rental shop -- -- -- P rental shop, outdoor display -- -- -- CU research/testing facilities, outdoor -- -- -- CU restaurant facilities -- -- -- CU restaurants, Class I P P -- rubber products, mfg etc* -- P -- -- sales yards, building materials** CU P -- -- sawmill, mfg etc* -- P -- -- school, trade p p -- -- size, mfg etc* -- P -- -- skating, indoor P P -- P slaughtering, animal -- smoke darker than #3, emitting -- CU -- -- snowmobile sales & service -- -- -- P stockyard, commercial -- stone cutting, mfg etc* -- p -- -- stone or monument sales -- -- -- P storage facilities, indoor -- -- -- P storage, outdoor** CU CU -- CU storage tank, crude oil -- p -- -- storage tank, gasoline -- P -- -- storage tank, other liquid -- P -- -- tar asphalt distillation, mfg etc* -- p -- -- television studio P p -- p tennis club, indoor p p -- P terminals, truck & freight CU P -- -- theater, indoor P P -- p TNT, use/storage/mfg CU CU -- -- truck stops CU P -- CU truck wash CU P -- -- trucks, sales & service CU P -- -- vinegar works, mfg etc* -- P -- -- warehsg & related sales/shwrms -- waste incineration/reduction -- welding shop -- wholesaling & related sales/shwrms -- whsle office for furniture/hahid goods -- -- -- P whsle sales of furniture/hshld goods -- -- -- P whsle shwrm for furniture/hshld goods -- -- -- P wine, on-sale CU P -- -- wine, retail sales as part of facility -- -- -- CU P = permitted use CU - conditional use A = accessory use = not a listed use • manufacturing, compounding, assembly, packaging, treatment or storage ** by occupant of the principal building ATTACHMENT A Southeast Industrial Area Property/Business Inventory Owner: McFarland Address: 4890 S. Robert Trail Legal: Parcel #022-79 Year Structure Built: Purchased by current owner: 1980 Variance: None Date: Conditions: Status: Conditional Use Permit: None Date: Conditions: Status: Other Zoning Issues/Site Conditions: Concrete block building; Dumpster not enclosed, no curb, gutter or paving, small number of pallets stored outdoors. SUMMARY OF STATUS: The dumpster needs to be enclosed and the items stored outdoors should be removed. There is no record that the paving or setbacks were granted a variance. Tenants: Number: 1 1. Business Name: Art Design Print Graphics Center Business Type: Job Printing-Offset Press Own or Lease: Own Employees: McFarlane Family Owned Business/No Employees at current time. Employee Wages: Not Applicable. Expansion Plans: None Disclosed. Page 1 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Dennis Hyster Address: 4895 Biscayne Ave Legal: Lot 1, Block 1, Halley's Addition Year Structure Built: 1994 Purchased by current owner: -1980 Variance: Yes: curb, gutter & paving; green area requirement (south) Date: 5/1/84 Conditions: 1) Only two access points from lots to City streets. 2) Agreement required regarding accepting fair share of the assessments for streets & utilities when area is upgraded. 3) No outside storage shall be allowed. 4) Apply dust control measures to gravel surface on a regular basis. 5) Detailed landscape plan submitted/bond required. 6) At time utilities are installed in area, lot shall be upgraded to comply with current zoning requirements. 7) Drainage Plan shall be approved by City Engineer Status: Conditions 1, 2, 5 & 7 were submitted to the City There a three access points, so condition 1 is violated. There is outside storage with out a valid CUP. Conditional Use Permit: Yes: Outside Storage-Heavy Equipment Date: 10/16/84 Conditions: 1) Detailed landscape plan shall be submitted & approved to provide screening of the outside storage area. 2) Approved dust control measures shall be used on gravel lot. 3) Storage shall be limited to the equipment and materials of the onsite user. 4) The permit shall be renewed at the end of every two years. Status: Does not apply to current outside storage application Other Zoning Issues/Site Conditions: Corrugated metal sided building, Dumpster not enclosed; no curb, gutter or paving; wood pallets, tires, crane parts, several fork lifts in various states of repair stored outside on site. SUMMARY OF STATUS: The current users of the building are using the site for outside storage. The existing CUP is for outside storage of heavy equipment. The current outside storage is not of operable heavy equipment, but rather parts of several fork lifts, a couple of vehicles awaiting repair, and a small amount of misc. auto body parts. Therefore, the current CUP is not valid for this storage application. In addition, materials currently stored on the site do no fit the definition of items permitted in outside storage by CUP. In particular it appears the fork lifts are being salvage for parts rather than repaired. Such salvage operations are first permitted by CUP in the 1-2. To be in compliance with the zoning ordinance, fork lifts and other misc. parts, tires, etc. need to be removed from the site. Page 2 SE Inventory Address: 4895 Biscayne Ave Tenants: Number: 4 1. Business Name: Twin City Fork Lift Repair. Business Type: Fork lift repair-on and off-premise. Own or Lease: Own. Employees: 4 employees plus owner. Employee Wages: $8/hr office support; $15.85-$21.00 technicians Expansion Plans: None Disclosed. 2. Business Name: JD Autobody. Business Type: Autobody and mechanical repair Own or Lease: Lease Employees: Self employed. Employee Wages: N/A Expansion Plans: None Disclosed 3. Business Name: Image Signs Business Type: Sign Painting. Own or Lease: Lease Employees: Self employed Employee Wages: N/A Expansion Plans: None Disclosed. 4. Business Name: McGuffee Trucking Business Type: Contractor's storage of truck on site. Own or Lease: Lease. Employees: Self employed. Employee Wages: N/A. Expansion Plans: None Disclosed. Page 3 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Wood Machine Inc. Address: 4881 Biscayne Ave Legal: Lot 2, Block 1, Year Structure Built: 1979, 1984 Purchased by current owner: 1979 Variance: None Date: Conditions: Status: Conditional Use Permit: None Date: Conditions: Status: Other Zoning Issues/Site Conditions: Building permit approved by City Council on 7/5/79 with conditions: 1) Sign agreement not objecting to future installation of utilities and improvements & to pay fair share of assessment benefits; 2) width of access from lot shall be approved by City Engineer; 3) parking area shall be surfaced & concrete curbing installed in parking area; and 4) the unbuilt portion of the lot shall be sodded or seeded. SUMMARY OF STATUS: A few curb stops but no curb, gutters, & paving in parking area as required per the building permit and no record of any variance granted to this requirement. There are two dumpsters that should be enclosed as well as outdoor storage of a trailer and other materials in a fenced enclosure. Such outdoor storage requires a CUP. Tenants: Number: 1 1. Business Name: Wood Products/Highway Handyman Business Type: Manufacturing-steel lathe/machining of parts Own or Lease: Own Employees: 5 employees plus 2 owners Employee Wages: $32,000/year. Expansion Plans: Building permit pending 1200 sq ft. expansion to add equipment & indoor storage. Page 4 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Weirke Trenching & Excavating Address: 4861 Biscayne Ave Legal: Lot 3, Block 1, Halley's Addition Year Structure Built: None Purchased by current owner: ? Variance: None Date: Conditions: Status: Conditional Use Permit: Impound Lot/Outdoor Storage Date: 3/2/94 Conditions: 1) The permit shall expire two years from the date of Council approval. 2) Only outdoor storage of impounded and/or towed vehicles shall be allowed. 3) No "For Sale" signs shall be displayed & no sales or repair operations shall be conducted at this site 4) The CUP and CC resolution shall be recorded. 5) All other City Codes shall be applicable. Status: Violation of CUP in 1994-storing items not conforming to Condition #2. Site Conditions: No curb, gutter & paving; landscaping or screening of storage area. SUMMARY OF STATUS: The storage area is not paved but this was not addressed as a part of the CUP. A number of vehicles, trailers, etc. are stored on the lot and it is not clear whether they are impounded vehicles, junk vehicles being salvaged, storage trailers, etc. Clarification of the utilization of the property was requested as a part of the CUP violation investigation, but no correspondence from Magnum Towing was found in the file Tenants: Number: 1 1. Business Name: Magnum Towing/Kevin Mellon Business Type: Towing Service & Impound Lot Own or Lease: lease Employees: 1 full-time/2 part-time employees Employee Wages: $7./hr Expansion Plans: Building permit pending for 3,840 sq. ft. building to expand operation on site to include auto repair & wrecker repair and installation; would add 2-3 employees and lease bay for auto repair business. Other Comments: Towing contracts with City of Rosemount and State Patrol have location requirements that owner may not be able to meet in a different location Page 5 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Mega Incorporated Address: 4841 Biscayne Ave Legal: Lots 4 & 5, Block 1, Halley's Addition Year Structure Built: 1979 Purchased by current owner:1994(unrecorded CD) Variance: None Date: Conditional Use Permit: Truck Terminal Date: 7/31/79 Conditions: 1) That the applicant sign an agreement that when the area is upgraded that he will not object to fair share of assessments for streets & utilities. 2) That the green area along Biscayne be 20 feet. 3) That the parking area be blacktopped and concrete curbing should be installed around the perimeter of the parking area. 4) The front of the building be landscaped per a plan to be approved by City staff. Remaining property to be seeded to prevent erosion/landscape bond required. 5) Drainage Plan be approved by City Engineer. 6) Loading docks on south side of building be suitably screened by trees, etc. per plan approved by City Staff. 7) That the applicant be on notice that Gun Club Road is subject to road restrictions. Conditional Use Permit: Outside Storage Date: 12/5/89 Conditions: 1) All outside storage areas and non-paved areas shall be sodded or seeded to control dust and run-off. 2) Outside storage of pallets and material shall not exceed ten (10) feet in height. 3) The applicant shall plant and maintain a triple row of stagger growth evergreens along the north property line by May, 1990. Status: No longer pallet company or truck terminal, appears to be a contractor's yard. Other Zoning Issues/Site Conditions: Building permit issued by CC on 6/5/79 Large amount of excavating equipment, materials stockpiles and shredded plastic tubing stored on site. SUMMARY OF STATUS: The property is currently being used as a contractor's yard Heavy equipment and materials are being stored outside on the site. Several conditions from previous CUP's were never performed-landscaping, paving, screening Tenants: Number: 1 1. Business Name: Mega Excavating, Mega Farms, Tri Delta Business Type: Excavating, ? Own or Lease: Own (unrecorded CD) Employees: Employee Wages: Expansion Plans: Other Comments: Business owner did not return staffs phone calls. Page 6 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: ISD 196 Address: 4850 Biscayne Ave Legal: Lot 5, Block 2 Year Structure Built: None Purchased by current owner: 1994 Variance: Date: Conditions: N/A Conditional Use Permit: Date: Conditions: Status: Other Zoning Issues/Site Conditions: Rezoned from I-1 (Limited Industrial) to P (Public Facilities) in 1994. Tenants: None. Page 7 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Bill Schiltz Address: 4860 Biscayne Ave Legal: Lots 4, Block 2, Halley's Addition Year Structure Built: 1981, 1985 Purchased by current owner:1994 Variance: None Date: Conditions: N/A Conditional Use Permit: Outside Storage Date: 6/16/81 Conditions: 1) That the applicant sign an agreement that when the area is upgraded that he will not object to fair share of assessments for streets & utilities. 2) A detailed landscaped plan shall be submitted showing the screening around the storage area 3) That the parking area shall have an asphalt surface and concrete curbing put around the perimeter of the parking area. 4) Storage shall not be allowed to exceed the height of the fence. 5) Dust control measures shall be used on the outside storage area. 6) Storage shall only be allowed within the area designated by a fence 7) All the materials that are presently being used for his business shall be relocated to Lot 4, Block 2, Halley's Addition. Status: Outdoor storage permit was for contractors equipment, present outdoor storage include raw materials for manufacturing operation. Conditions of previous CUP not met by current application. Other Zoning Issues/Site Conditions: Raw materials for metal fabrication stored outside, no curb, gutter & paving, dumpster not enclosed. SUMMARY OF STATUS: Needs to update CUP for current outdoor storage application Tenants: Number: 1 1. Business Name: HTS Fabrication Business Type: Metal Fabrication Own or Lease: Own Employees: 11 payroll employees Employee Wages: $8.50-$13.50 per hr/$11 avg Expansion Plans: Possibly 2,100 sq. ft.addition, business may need to relocate to larger space elsewhere. Page 8 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: John Young Address: 4870 Biscayne Ave Legal: Lots 3, Block 2, Halley's Addition Year Structure Built: 1988 Purchased by current owner:1988 Variance: Setback(denied); curb, gutter & paving (approved) Date: 4/19/88 Conditions: 1) No outside storage shall be allowed. 2) A detailed landscape plan submitted/bond required 3) A 6' fence or compact evergreen hedge stall be erected & maintained along the rear property line. Status: Conditions were staff recommendations but records unclear about whether conditions were actually required by the City Council Conditional Use Permit: None Date: Conditions: Status: Other Zoning Issues/Site Conditions: Loading docks in front yard. Dumpster not enclosed. Tenants: Number: 1 1. Business Name: VPC Business Type: Paper/Office Products manuf. Own or Lease: Lease Employees: 10-11 employees Employee Wages: Not Disclosed Expansion Plans: None Page 9 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Armand Laurent Address: 4880 Biscayne Ave Legal: Lots 2, Block 2, Halley's Addition Year Structure Built: 1988 Purchased by current owner:1988 Variance: None. Date: Conditions: Conditional Use Permit: None Date: Conditions: Other Zoning Issues/Site Conditions: No curb, gutter & paving or record of variance for this requirement. Loading docks in front yard. Signed waiver for storm sewer trunk charge. Some outdoor storage of vehicles awaiting repair and vehicle parts. Fenced outdoor storage area, but no record of CUP. Owner indicated that previous tenant stored contractors equipment and new tenant intends to store trailers in this area. SUMMARY OF STATUS: If the new tenant desires to store trailers outside a CUP would be required. Tenants: Number: 3 1. Business Name: Trail Auto Body & Marine Business Type: Autobody, marine, fiberglass Own or Lease: Lease Employees: Self employed Employee Wages: N/A Expansion Plans: Potential remodeling. 2. Business Name: Pro-staff Seamless Gutters Business Type: Contractor's storage/office Own or Lease: Lease Employees: 1-2 part-time seasonal employees Employee Wages: Unavailable 3. Business Name: Cobra Transportation, Inc. Business Type: Specialty Automotive Storage Own or Lease: Lease Employees: None Employee Wages: N/A Expansion Plans: Outdoor Storage. Page 10 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Richard Skinn Address: 4890 Biscayne Ave Legal: Lots 1, Block 2, Halley's Addition Year Structure Built: 1992 Purchased by current owner:1992 Variance: Side Yard Setback; curb, gutter & paving Date: 8/18/92 Conditions: 1) The drive aisle and parking areas shall meet all minimum setbacks 2) A landscape plan shall be submitted for review and approval 3) No outside storage shall be allowed. 4) All applicable City Code requirements. Status: No record that the owner provided a landscape plan. There is outdoor storage occurring on the site without a CUP Conditional Use Permit: None. Date: Conditions: Status: Other Zoning Issues/Site Conditions: Some outdoor storage of materials in rear yard, some lawn mower parts are along the rear of the building, dumpster not enclosed, above ground fuel tank. SUMMARY OF STATUS: A CUP is required for the above ground fuel tank and outdoor storage of materials. The junk and debris should be removed from the site Tenants: Number: 3 1. Business Name: Midwest Snow & Landscaping Business Type: Snow plowing/Landscaping Contractor's Storage Own or Lease: Owner Employees: 4 part-time seasonal employees Employee Wages: Not Disclosed 2. Business Name: Dakota Small Engine Business Type: small engine repair Own or Lease: Lease Employees: self employed Employee Wages: N/A 3. Business Name: Sun Tech., Inc. Business Type: Pressure Washer & Supplies Sales Own or Lease: Lease Employees: Self Employed Employee Wages: N/A Page 11 SE Inventory