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HomeMy Public PortalAbout1991-42Member adoption: introduced the following resolution and moved its CITY OF MEDINA RESOLUTION NO. �/- J�"c RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO JUERGEN HOLZER FOR A SPECIALIZED AUTO BODY SHOP TRAINING FACILITY AT T.H. 55 AND PIONEER TRAIL WHEREAS, Juergen Holzer (Applicant) has applied for a conditional use permit for a specialized type of auto body shop training facility to be located at the southwest corner of T.H. 55 and Pioneer Trail on property legally described as Lot 1, Block 1, Maple Trail Addition in zone "Rural Commercial"; WHEREAS, the City's zoning ordinance requires a conditional use permit under such circumstances; and WHEREAS, the planning commission and city council have reviewed the Applicant's request and have determined that granting a conditional use permit to the Applicant under specific conditions in conformance with City ordinances will not adversely affect the development of adjacent properties. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Medina that a conditional use permit be granted to the Applicant, subject to the following conditions: 1. The City has informed the Applicant and the Applicant acknowledges and understands that neither sanitary sewer service nor water service will be available to this site at any time within the foreseeable future, and likely never, under Metropolitan Council standards. In addition, the City has informed the Applicant and the Applicant understands that commercial users in unsewered areas have caused substantial problems to the City and to the users with regard to failing on -site drain field systems. As a result of the city's experience with such failing systems and with the lack of sanitary sewer service available to the site, the use of the site and of the building thereon is restricted to a specialized type of auto body shop which the Applicant will construct and use which auto body shop entails dent removal and repair without disturbing the painted surface such that it is not necessary to repaint automobiles as part of this process obviating the need for paints, solvents and other potentially harmful chemicals. The purpose of this particular auto body shop is for the purpose of the Applicant training body men in this unique new dent removal process. Therefore, the facility will be used as an instructional facility for training workmen in this specific auto body dent removal process. As a consequence of the Applicant's requested use, this conditional use permit is only for such use of the site described herein. There shall be no painting or stripping of paint from automobiles on this site and therefore there shall be no use of paints, solvents or the like on the site. The building and the other improvements to the site shall be constructed and maintained in accordance with the site plan attached as Exhibit A (the "Site Plan"); The primary drain field site and the alternate drain field site have been designed to accommodate the needs of the 15 permitted employees and trainees on the site during any one 24 hour period. No change, augmentation or expansion of the uses of the site, the number of employees, and trainees or otherwise is permitted without prior City approval; 2. There shall be no residential use or overnight sleeping in the building or on the site, including no sleeping rooms for trainees and no caretaker apartment; 3. There shall be no exterior storage on the site; 4. Exterior building materials shall meet all city codes and the Applicant must obtain the necessary permit; 5. Any signs on the property must meet city code and the Applicant must obtain the necessary permit; 6. The parking area must be screened by a berm which is not less than 5 feet in height and is landscaped according to the Site Plan; 7. The Applicant must install and maintain landscaping in accordance with the Site Plan approved by the city staff, which plan must be designed to screen this site from adjacent property, and which is attached as Exhibit A; 8. The Applicant must have a dumpster located inside the building; 9. Mechanical equipment on or near the building must be screened, to the satisfaction of the city staff, to shield it from adjacent property; 10. The parking lot must contain exactly 24 spaces, at least one of which must be handicapped, as shown on the Site Plan; 11. The hard surface coverage on the site must be in compliance with City requirements and as shown on the Site Plan; 12. The hours of operation of the facility shall be limited to 7 a.m. to 7 p.m., Monday through Saturday; 13. The number of employees and trainees on the site shall not exceed 15; 2 14. Exterior lighting on the site shall be designed and installed so that the globe is recessed and enclosed on all sides except the bottom such that no light is cast on any other property. No noise or odors shall emanate from the site; 15. There shall be no exterior speakers or telephone bells on the site; 16. Site drainage must be accomplished in accordance with a plan satisfactory to the city engineer; 17. The building and site plan shall be reviewed by the Loretto Fire Department; 18. The location of the temporary driveway to Pioneer Trail must be satisfactory to the public works director; 19. The Applicant must dedicate or convey to the city the right-of-way for the realignment of the T.H. 55 and Pioneer Trail intersection required by the city engineer; 20. All existing buildings on site must be removed prior to issuance of a building permit; 21. The outdoor advertising structure on the site must be removed no later than September 1, 1991; 22. The existing well on the property must be abandoned in accordance with state health code requirements; 23. The existing septic tanks on the site must be collapsed in accordance with city requirements; 24. Applicant agrees to close, at Applicant's expense, its temporary access to Pioneer Trail and to access the site only from the south frontage road at such time as the south frontage road is constructed to the Applicant's property; 25. The Applicant must execute an agreement holding the city harmless in case of failure of the Applicant's drain field septic system and the resulting unusability of the site for any commercial or residential purpose; 26. The Applicant must sign a petition and waiver agreement regarding Applicant's agreement to pay for future assessments for improvements to Pioneer Trail and for the new frontage road to be constructed south of the site; and 27. The Applicant shall pay to the city an administration fee in an amount sufficient to reimburse the city for its costs in reviewing this application. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Medina, that violation of any of the terms and conditions of this 3 conditional use permit shall be deemed to be material and that the city may revoke this conditional use permit upon the Applicant's failure to remedy such violation. DATED: , 1991. ATTEST: Donna Roehl, Clerk -Treasurer The motion for the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: / fiGy'm/tom o/ //j/�) r177 e��� and the following voted against same: /47 P /'/ e i ✓G/�J G r Y ,7/Gf/010 Whereupon said resolution was declared duly passed and adopted. ME230-114 4