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September 10, 2014 Item No. _____
TONSAGER CONDITIONAL USE PERMIT AND INTERIM USE PERMIT
SEPTEMBER 15, 2014 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Tonsager
conditional use permit and interim use permit and adopt the findings of fact.
Adoption of this motion will allow an expansion of the existing Line-X building and allow
accessory outdoor storage in compliance with Zoning Ordinance requirements.
Overview
John Tonsager, owner of Line-X Protective Coatings, submitted applications for a conditional
use permit and an interim use permit for an expansion of his minor auto repair facility, to
include outdoor storage, located at 20725 Howland Avenue. The property is zoned C-CBD
District. The Planning Commission held a public hearing and unanimously recommended
approval of the conditional use permit and interim use permit at their September 4, 2014
meeting subject to eight stipulations. There was no public comment. Staff also recommends
approval.
Primary Issues to Consider
Do the proposed improvements bring the property into compliance with Zoning Ordinance
requirements? Yes. Outdoor storage will now be screened by the building. An unpaved parking
area will be paved and striped with the required number of parking spaces and stormwater run-off
will be treated on site prior to entering the public storm sewer system.
Supporting Information
• Conditional use permit form
• Interim use permit form
• Findings of fact for the conditional use permit and interim use permit
• September 4, 2014 Planning Commission draft meeting minutes.
• August 28, 2014 planning report.
_________________________
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ Source: _________________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance _______________________________________________
Notes: ______________________________________________________________________________________
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 14-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a Conditional Use Permit for John Tonsager, owner of Line-X Protective
Coatings, to allow an addition to the minor auto repair building located at 20725
Howland Avenue.
2. Property. The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
Commencing at a point 72 feet North of a point 370 feet West of the Southeast
corner of the Northwest Quarter of the Southeast Quarter of Section 29,
running thence West 130 feet, running thence North 102 feet, running thence
East 130 feet, running thence South 102 feet to the point of commencement.
3. Conditions. The permit is issued subject to the following conditions:
a) A conditional use permit amendment shall be required for any future
building expansion, new structures, or operational changes that include
major auto repair or minor auto repair in which vehicle repair bays are used
in place of the interior parking spaces identified on the site plan.
b) Outdoor storage is permitted up to 30% of the gross floor area of the
principal building and shall be located on a surface of concrete, bituminous
or concrete pavers and shall not be in designated parking spaces or on
landscaped or grass surface areas.
c) Landscaping shall be installed in accordance with the locations shown on the
approved landscape plan. All shrubs shall meet the minimum requirement
of the Zoning Ordinance at 18 to 24 inches in height.
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d) Curb stops or bollards shall be installed in front of the building addition
to provide the necessary protection of the building where raised concrete
curb is unable to be installed.
e) All signage shall meet Zoning Ordinance requirements. An approved sign
permit is required prior to the installation of any new signage.
f) The barbed wire on the existing fence shall be removed prior to occupancy
of the new addition.
g) The site shall be developed in accordance with the recommendations of
the Engineering Division as outlined in the August 27, 2014 engineering
memo.
h) Prior to City Council consideration of the conditional use permit, the
applicant shall provide a security for construction costs related to
grading, curb and pavement, seeding and erosion control, developer’s
record drawings, and landscaping.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this conditional use permit the
buildings addition has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit
amendment is a criminal misdemeanor.
Dated: September 15, 2014
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 15th day of September
2014 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
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__________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
INTERIM USE PERMIT NO. 14-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves an Interim Use Permit for John Tonsager, owner of Line-X Protective Coatings,
to allow accessory outdoor storage associated with a minor auto repair use on property
located at 20725 Howland Avenue.
2. Property. The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
Commencing at a point 72 feet North of a point 370 feet West of the Southeast
corner of the Northwest Quarter of the Southeast Quarter of Section 29,
running thence West 130 feet, running thence North 102 feet, running thence
East 130 feet, running thence South 102 feet to the point of commencement.
3. Conditions. The permit is issued subject to the following conditions:
a) Outdoor storage is permitted up to 30% of the gross floor area of the
principal building and shall be located on a surface of concrete, bituminous
or concrete pavers and shall not be in designated parking spaces or on
landscaped or grass surface areas.
b) Landscaping shall be installed in accordance with the locations shown on
the approved landscape plan. All shrubs shall meet the minimum
requirement of the Zoning Ordinance at 18 to 24 inches in height.
c) Curb stops or bollards shall be installed in front of the building addition
to provide the necessary protection of the building where raised concrete
curb is unable to be installed.
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d) All signage shall meet Zoning Ordinance requirements. An approved sign
permit is required prior to the installation of any new signage.
e) The barbed wire on the existing fence shall be removed prior to occupancy
of the new addition.
f) The site shall be developed in accordance with the recommendations of
the Engineering Division as outlined in the August 27, 2014 engineering
memo.
g) The applicant shall be required to provide a security to be based on the
construction costs estimated for site grading, curb and pavement,
seeding and erosion control, developer’s record drawings, and
landscaping. The security amount will be determined prior to City
Council approval, and submitted prior to issuance of the building permit.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this interim use permit the building
addition has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this interim use permit is a criminal
misdemeanor.
Dated: September 15, 2014
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 15th day of September
2014 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
__________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
TONSAGER INTERIM USE PERMIT
On September 4, 2014 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the request of John Tonsager for an interim use permit to allow outdoor
storage accessory to a minor auto repair on property located at 20725 Howland Avenue. The
Planning Commission conducted a public hearing on the proposed interim use permit
preceded by published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak. The City Council
hereby adopts the following:
FINDINGS OF FACT
1. The property is currently zoned C-CBD, Commercial Central Business District.
2. The property is located in Planning District No. 7 of the 2008 Comprehensive Plan,
which guides the property for commercial land uses.
3. The legal description of the property is:
Commencing at a point 72 feet North of a point 370 feet West of the
Southeast corner of the Northwest Quarter of the Southeast Quarter of
Section 29, running thence West 130 feet, running thence North 102 feet,
running thence East 130 feet, running thence South 102 feet to the point of
commencement.
4. Section 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use
permit may not be issued unless certain criteria and satisfied. The criteria and our
findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The accessory outdoor storage is consistent with the objectives of the C-CBD District
zoning and guided commercial use of the property.
b. The proposed use is or will be compatible with present and future land uses of the
area.
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Given compliance with the stipulations of the interim use permit, accessory outdoor
storage will be compatible with existing and future land uses in the area.
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Given compliance with the stipulations of the interim use permit, the accessory outdoor
storage will conform with all performance standards contained in the Zoning
Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
The subject property lies within the existing MUSA. The property is served with city
sanitary sewer and city water. The accessory outdoor storage will not overburden
the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving
the property.
The accessory outdoor storage will not overburden the streets serving the property.
5. The planning report, dated August 28, 2014 prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: September 15, 2014
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
TONSAGER CONDITIONAL USE PERMIT
On September 4, 2014 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the request of John Tonsager for a conditional use permit to allow the
expansion of a minor auto repair facility located at 20725 Howland Avenue. The Planning
Commission conducted a public hearing on the proposed conditional use permit preceded by
published and mailed notice. The applicant was present and the Planning Commission heard
testimony from all interested persons wishing to speak. The City Council hereby adopts the
following:
FINDINGS OF FACT
1. The property is currently zoned C-CBD, Commercial Central Business District.
2. The property is located in Planning District No. 7 of the 2008 Comprehensive Plan,
which guides the property for commercial land uses.
3. The legal description of the property is:
Commencing at a point 72 feet North of a point 370 feet West of the
Southeast corner of the Northwest Quarter of the Southeast Quarter of
Section 29, running thence West 130 feet, running thence North 102 feet,
running thence East 130 feet, running thence South 102 feet to the point of
commencement.
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional
use permit may not be issued unless certain criteria and satisfied. The criteria and our
findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The proposed site plan and use of the property is consistent with the current C-CBD
District zoning and guided commercial use of the property.
b. The proposed use is or will be compatible with present and future land uses of the
area.
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Given compliance with the stipulations of the conditional use permit, the minor
automobile repair facility will be compatible with existing and future land uses in the
area.
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Given compliance with the stipulations of the conditional use permit, the minor
automobile repair facility will conform with all performance standards contained in the
Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
The subject property lies within the existing MUSA. The property is served with city
sanitary sewer and city water. The minor automobile repair facility and the
proposed addition will not overburden the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving
the property.
The minor automobile repair facility will not overburden the streets serving the property.
5. The planning report, revised August 28, 2014, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: September 15, 2014
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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City of Lakeville
Planning Department
Memorandum
To Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: August 28, 2014
Subject: Packet Material for the September 4, 2014 Planning Commission Meeting
Agenda Item: Continued Public Hearing - Conditional Use Permit for Minor Auto Repair
and Interim Use Permit for Accessory Outdoor Storage in the C-CBD,
Commercial Central Business District located at 20725 Howland Avenue.
Application Action Deadline: September 29, 2014
INTRODUCTION
On September 27, 2013, John Tonsager submitted applications for a conditional use
permit and an interim use permit for minor auto repair and accessory outdoor storage in
the C-CBD District on property located at 20725 Howland Avenue. The plans included a
1,600 square foot addition. The conditional use permit and interim use permit were
scheduled for public hearing at the October 17, 2013 Planning Commission meeting.
Prior to the public hearing, Mr. Tonsager requested that the action on his postponed
indefinitely allowing him time to consider revisions to the plans. Revised plans were
recently submitted that propose an alternate architectural design from the previous plans.
The following exhibits are attached for your information:
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Survey
D. Site Plan
E. Grading, Drainage and Erosion Control Plan
F. Landscape Plan
G. Floor Plan
H. Exterior Building Elevations
I. Existing Street View from Howland Avenue
STAFF ANALYSIS
Mr. Tonsager owns and operates Line-X Protective Coatings providing spray-on protective
truck bed liners as an after factory accessory for pick-up trucks. He has operated the
business at this location since 1999. Accessory outdoor storage of empty drums of the
bed liner material is also included with the interim use permit application. The empty
drums are stored outside awaiting distributor pickup. The requests include the expansion
and remodel of the existing 2,640 square foot building.
Current Property Conditions. The property includes a 2,640 square foot commercial
building with an overhead door facing Howland Avenue. The building was constructed in
1958 as a warehouse and the site includes a 16’x24’ (384 square foot) accessory storage
building and a concrete and grass area currently used for outside storage. The building is
constructed of painted concrete block and includes a domed, barrel style roof.
Surrounding Land Uses and Zoning
North – Frontier Communications Building (C-CBD District)
South – Parcel owned by Despatch Industries (C-CBD District)
East –Howland Avenue and City Parking Lot (C-CBD District)
West – Despatch Industries I-CBD District)
Setbacks Requirements. The minimum setback requirements for the C-CBD District are as
follows:
None except where a lot zoned C-CBD fronting onto a street other than Holyoke Avenue
abuts a residential zoned property along a common side lot line then the front yard
setback shall be 20 feet and the side or rear yard setback abutting any residential zoned
property shall be 30 feet. The subject property does not front a street that abuts a
residential zoned property or any other residential zoned property.
Parking Lot – 5 feet adjacent to all public streets and from interior lot lines
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The existing minor auto repair building and the proposed addition and parking lot
improvements meet setback requirements.
Building Improvements. The previous plans proposed significant improvements to the
exterior of the existing building that included removal of the existing barrel style roof and
replacement with a slanted asphalt shingled roof over the existing building and the new
addition. The addition was to be 28’x52’ (1,475 square feet) and would have included office,
restroom, customer reception area and storage area. The new addition was to include painted
concrete block to match the existing building. Windows were to be installed on the east and
south sides of the building to maximize natural lighting inside the building.
The revised plans propose a 1,600 square foot addition with no significant remodel of the
existing building exterior and roof. The addition will be used for office, showroom and storage
and will include a painted block exterior to match the existing building. The Zoning
Ordinance allows an addition with a block exterior to be painted provided the original
building is also a painted block building and the exterior materials on the existing building do
not change.
Parking Requirements. The business currently employs up to three people at a time. A
single customer will occasionally visit the site. The Zoning Ordinance allows less off-street
parking spaces for C-CBD commercial uses than other commercial zoning districts. Office,
and/or retail commercial uses, not including restaurants, require three spaces per 1,000 square
feet of floor area.
The paint booth is considered part of the commercial retail/service use and the storage area is
calculated at one space per 500 square feet since it encompasses more than 50% of the floor
area of the principal use. Section 11-19-13 of the Zoning Ordinance states that the 4,240
square foot minor auto repair facility requires nine parking spaces, which is determined as
follows:
Required Parking Spaces
Office/Showroom - 698 sf @ 3:1,000 sf = 2 spaces
Paint Booth – 224 sf / 200 = 1 space
Garage/Storage Area – 3,010 sf /500 sf = 6 spaces
Total Parking Spaces Required – 9 spaces
Proposed Parking Spaces
Parking Spaces On Site – 8 spaces (includes 3 indoor spaces)
Parking Spaces On Street – 2 spaces
Total Parking Spaces Provided – 10 spaces
There are five, nine by 20 foot parking spaces on site in front of the building, two on-street
parking spaces and three parking spaces inside the building. The Zoning Ordinance for the C-
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CBD District allows the use of the two on-street parking spaces in front of the property.
Section 11-19-7.3a of the Zoning Ordinance also allows the use of parking spaces within the
principal building. These spaces would mostly be used by customers awaiting service or by
employees of the business. There is currently no handicap accessible parking space available
on site. The proposed improvements will include one handicap accessible parking space in
front of the building.
A conditional use permit amendment shall be required for any future building expansion,
new structures, or operational changes that include major auto repair or minor auto repair in
which vehicle repair bays are used in place of the interior parking spaces identified on the
site plan. In this event, accommodating additional parking could be met if joint access was
provided from the Despatch Industries’ property to the south and additional paved parking
is provided on the Tonsager property where feasible. This change to the site plan would
require an amended conditional use permit.
Signage. The Zoning Ordinance allows a maximum of one sign per building not to exceed 100
square feet. All signage shall meet Zoning Ordinance requirements and an approved sign
permit is required prior to installation.
Conditional Use Permit
Zoning. The property is zoned C-CBD, Commercial Central Business District. The Zoning
Ordinance defines minor auto repair as follows:
Minor Auto Repair includes minor repairs, incidental body and fender work, painting
and upholstering, replacement of parts and motor services to passenger automobiles
and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not
including any operation specified under the definition of major automobile repair.
The subject property is zoned C-CBD District. Section 11-74-7D allows minor auto repair by
conditional use permit provided the following criteria are met.
1. The entire site other than that taken up by a building, structure or plantings shall be
surfaced with a material to control dust and drainage which is subject to the approval
of the City Engineer.
The entire site other than the building, accessory build and paved outdoor storage area will
be landscaped. The plans have been reviewed by the Engineering Division. Civil Engineer
Alex Jordan’s memo revised August 27, 2014 is attached.
2.A curb not less than six inches (6") above grade shall separate the public sidewalk
from motor vehicle service areas.
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There is currently no curbing on the site. A new surmountable curb will separate the
landscaped area from the sidewalk since there is inadequate grade to modify the existing
site to accommodate a raised concrete curb. Curb stops or bollards shall be installed in
front of the building addition to provide the necessary protection of the building where
raised concrete curb is unable to be installed.
3. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
There is no abutting residential area to the subject property.
4.No outside storage except as allowed in compliance with this chapter.
An interim use permit application to allow outside storage has been submitted and is
described further in the planning report.
5.Sale of products other than those specifically mentioned in this section be subject to
a conditional use permit and be in compliance with this section.
Any items to be sold from the premises shall be accessory and incidental to the principal
use.
6. All conditions pertaining to a specific site are subject to change when the Council,
upon investigation in relation to a formal request, finds that the general welfare and
public betterment can be served as well or better by modifying the conditions.
This is a standard stipulation of the conditional use permit for minor auto repair uses.
Interim Use Permit
The applicant proposes to continue the outdoor storage of empty drums of the bed liner
spray compound. The drums are currently stored on the property and are not screened in
compliance with Zoning Ordinance requirements. Section 11-74-9B of the Zoning
Ordinance allows accessory outdoor storage as an interim use permit in the C-CBD District.
The design and performance criteria required for outdoor storage is as follows:
1.Outside storage connected with the principal use is limited to thirty percent (30%)
of the gross floor area of the principal use.
The existing building and the proposed addition will total 4,240 square feet of which
30% would total 1,235 square feet of accessory outdoor storage area. The proposed
area of designated outdoor storage will be located behind the principal building on a
concrete pad and will total 835 square feet, or 19.7% of the area of the principal
building. Outdoor storage areas are required to be on paved, concrete or paving brick
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surface as shown on the site plan. There is no minimum green space requirement for
minor auto repair uses.
2.The storage area is fenced and screened from view of neighboring residential uses,
abutting residential districts and the public right of way in compliance with section
11-21-9 of the Zoning Ordinance.
The proposed outdoor storage will be fenced with a six foot tall chain link fence with
evergreen tree landscaping located on the adjacent property to the south. The
proposed outdoor storage area does not abut and is not in view of a residential
property.
3.The storage area is surfaced with asphalt, concrete or pavers to control dust.
The proposed outdoor storage area between the building and the shed is surfaced with
concrete as shown on the site plan. The remainder of the site will be seeded for a grass
surface. Outdoor storage is only allowed on an asphalt, concrete or paver surface.
4.The storage area does not take up parking space as required for conformity to
chapter 19 of the Zoning Ordinance.
The proposed outdoor storage area will not take up parking spaces required for
compliance with the Zoning Ordinance.
5.The storage does not include any waste, except as provided in section 11-18-11 of
the Zoning Ordinance.
The proposed outdoor storage area will be used for the temporary storage of empty
barrels of the product used for the spray-on truck bed liners. The empty barrels are not a
waste product but a recyclable product stored in this location until pick up by the
distributor.
6.The interim use permit shall terminate upon a change of occupancy or other date
as determined by the city council in accordance with section 11-5-7 of the Zoning
Ordinance.
Any change of occupancy or change of use to minor auto repair that includes vehicle
repair will require an amendment to the interim use permit.
RECOMMENDATION
Planning Department staff recommends approval of the Tonsager conditional use permit and
interim use permit subject to the following stipulations:
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1.A conditional use permit amendment shall be required for any future building
expansion, new structures, or operational changes that include major auto repair or
minor auto repair in which vehicle repair bays are used in place of the interior parking
spaces identified on the site plan.
2.Outdoor storage is permitted up to 30% of the gross floor area of the principal
building and shall be located on a surface of concrete, bituminous or concrete pavers
and shall not be in designated parking spaces or on landscaped or grass surface areas.
3.Landscaping shall be installed in accordance with the locations shown on the
approved landscape plan. All shrubs shall meet the minimum requirement of the
Zoning Ordinance at 18 to 24 inches in height.
4.Curb stops or bollards shall be installed in front of the building addition to provide
the necessary protection of the building where raised concrete curb is unable to be
installed.
5.All signage shall meet Zoning Ordinance requirements. An approved sign permit is
required prior to the installation of any new signage.
6.The barbed wire on the existing fence shall be removed prior to occupancy of the new
addition.
7.The site shall be developed in accordance with the recommendations of the
Engineering Division as outlined in the August 27, 2014 engineering memo.
8.The applicant shall be required to provide a security to be based on the
construction costs estimated for site grading, curb and pavement, seeding and
erosion control, developer’s record drawings, and landscaping. The security
amount will be determined prior to City Council approval, and submitted prior to
issuance of the building permit.
cc: John Tonsager
Josh Egner, JT Egner Construction
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