PUBLIC HEARING: Consider Resolution #20-189 and Resolution #20-257 Approving Multiple Items Related to Outdoor Storage at 6300 Bunker Lake Blvd NW (Project 20-124); Case of Lawn Monster

The City has received a request from Lawn Monster for an Interim Use Permit to utilize a temporary membrane structure located on the property at 6300 Bunker Lake Blvd NW (the "Subject Property"). They plan to use this building for the sale of dry storage and landscape materials during different seasons such as mulch or salt. The structure was discovered after complaints were received for various code enforcement issues on the property, and the structure does not meet the rear setback of the zoning district, nor the architectural and exterior standards for accessory building. In addition, the amount of outside storage on gravel and/or grass has expanded over time beyond what was previously protected by lawful, non-conforming protections. 

Items associated with this request include:

• Interim Use Permit (IUP) for Hoop Building
• Variance for Hoop Building Location
• Conditional Use Permit (CUP) for Expansion of Lawful, Nonconforming Status (outdoor storage, gravel parking)

As a sidebar, the condition of the site has improved since the City's initial Notice of Violation. Lawn Monster is a tenant of the Property owned by Denny Young Properties, Inc. Previously, additional tenants rented space for outdoor storage of inoperable vehicles and miscellaneous equipment. Much of this has been mitigated and the final corrective measures are much more manageable. 

The City attempted to notify all property owners, as reflected in the Anoka County Property Records, within 350 feet of the Subject Property of the request by U.S. Mail.

Summary
Lawn Monster (the "Applicant"), has been working with the City to resolve City Code violations at 6300 Bunker Lake Blvd NW (the "Subject Property"). The site currently has open violations for public nuisance items and outside storage, as well as accessory building violations for the membrane structure's architectural standards and rear setback encroachment. A site plan and narrative have been submitted by the Applicant and are attached to the case. The Applicant is seeking a recommendation from the Planning Commission approve an Interim Use Permit and Variance for the membrane structure, as well as a Conditional Use Permit for the expansion of legal, nonconforming use on site. The Applicant has noted that the structure and property would be managed and maintained by the Applicant, and would like to utilize the membrane structure for an extended period of time.

Site Information
The Subject Property is 2.69 acres, and is zoned E-1 Employment District. The hoop building is located 5 feet from the south property line, is approximately 913 square feet in size based on aerial photos and measurements, and is placed on concrete. The structure is used to store lawn maintenance items for retail sale to Ramsey residents, such as mulch and salt. A tarp canopy is utilized during the winter seasons, but is taken off for the spring and summer months. This type of request has been made in the City's Employment Districts in the past and the City has allowed in very limited applications for the purposes of storing salt for snow removal purposes. 

The overall use on site exceeds previous legal, nonconforming use of outdoor storage for equipment, materials from daily operations at work sites, and vehicles parked on unimproved surfaces. A chain link fence surrounds the property, but the Subject Property does not have any alternative screening. The City can consider an expansion of this lawful, non-conforming use through the issuance of a Conditional Use Permit. 

Current Regulations
Lawn Monster is applying for the Interim Use Permit, and Variance to utilize the hoop building with the tarp cover which does not meet architectural requirements, and to be reduce the 35 foot setback to 5 feet, respectively. If they are denied, they will have to make adjustments to meet standards required by code or remove the building from the property. The structure does not currently meet architectural standards for accessory structures with or without the canopy cover. It also does not meet the rear setback requirement of 35 feet for buildings in the E-1 Employment District.

Conditional Use Permit
The Conditional Use Permit is proposed to increase the area utilized for outdoor storage of parking on unimproved surfaces. The City does not have documentation showing City Approval of this outdoor storage, especially on unpaved surfaces. Aerial photos showing previous use are attached to this case, but may not accurately reflect use of the property since they are essentially a snapshot of that specific time of day. However, when looking back at historical aerial photos, it is evident the small encroachments of outdoor storage continued incrementally over the years. Additionally, if a use terminates for more than 12 months, the lawful, non-conforming protection expires. The area would have to be maintained Applicant, and run with the Property. There have been similar requests from other properties with similar uses. In summary, Staff believes that the City has the legal standing to limit the amount of outdoor storage, but still has the ability to allow as presented through the issuance of a Conditional Use Permit. 

Code Sections

• Nuisance Section of Code, Chapter 30 - (3-5)
• E-1 Section of Code, Chapter 117-117
• Accessory Buildings Section of Code, Chapter 117-349

Policy Questions

Note - the Planning Commission only needs to directly address individual policy questions as desired. If there is already consensus, the Planning Commission does not technically need to directly address. The appropriate Resolution(s) are structured in such a way to approve as requested by the Applicant. These topics of discussion are only needed if the City desires to put more restrictive standards beyond what is already proposed. 

• Interim Use Permit - Accessory Structure
  • Would the Planning Commission be open to a 5 year interim use permit for the membrane structure on this specific property? The Applicant has indicated their preference would be that the structure is a permanent solution and fixture onsite.
    • What time period seems reasonable?
  • Would the Planning Commission approve the Interim Use Permit for the use and deviation from architectural requirements for accessory structures?
    • Code states that accessory structures must be "generally consistent with the exterior finish of the principal building or finished with hardboard lap siding, vinyl lap siding, aluminum or metal siding, metal panels, textured wood (painted) and/or masonry."
    • Canvas in the winter is proposed which would deviate from Code, the Applicant has also requested to remove the covering in the spring/summer months which Staff is not supportive of. The structure is either there or it isn't. If the City is open to this type of structure, we should be willing to keep it up year round. Removing the membrane covering exposing the framing of the structure appears to be a more significant visual nuisance. 
    • The City of Ramsey has granted IUPs in the past for similar uses, notably for salt storage for winter use.

 

• Conditional Use Permit - Outdoor Storage
  • Is the expansion an acceptable area of coverage?
  • Should additional screening be required?

 

• Variance
  • Is the structure placed in an acceptable location to the Planning Commission?
    • Currently placed 5 feet from rear property line, Code requires 35 feet separation.
  • When considering a Variance, the Planning Commission shall consider the following factors:
    • Will the variance allow the property owner to use the property in a reasonable manner?
    • Is the plight of the landowner is due to circumstances unique to the property and not created by the landowner?
    • Will the variance, if granted, alter the essential character of the locality?
  • The Applicant will continue to use the membrane structure for retail sale of mulch and salt for Ramsey residents, a reasonable use in the E-1 Employment District. The Applicant did create this circumstance as it was the result of them constructing an accessory structure on the Subject Property without the appropriate permits. Many of the surrounding properties have buildings within the 35 foot rear setback, and the Subject Property is larger than some parcels in the area so the request would be consistent with the general character of the area.
  • As a reminder, when addressing variances, the Planning Commission is acting in a quasi-judicial capacity rather than in an advisory capacity.

Alternatives
Alternative 1: Recommend approval for the Interim Use Permit for the membrane structure, Variance to rear setback, and Conditional Use Permit for expansion of legal, nonconforming use as requested.

Alternative 2: Deny all requests. Should the Variance and Interim Use Permit be denied, it would result in necessary modifications and/or removal of the membrane structure owned by the Applicant. Should the Conditional Use Permit be denied, it would result in the Applicant seeking alternative plans for storage and parking on the Subject Property.

Alternative 3: Recommend approval of specific requests.

Next Steps

• Recommend adoption of Resolution #20-189 to City Council Approving an Interim Use Permit for the membrane structure and Conditional Use Permit for expansion of legal, nonconforming use on the Subject Property.
• Adopt Resolution #20-257 approving variance for rear yard setback.

Costs associated with this proposal are the responsibility of the Applicant.

Staff recommends approval of the case, contingent upon amendments as outlined in Resolution #20-189. The Planning Commission may add a termination date of five (5) years from the date of approval to the Interim Use Permit, per past approvals and allowed by City Code.

Motion to recommend the City Council adopt Resolution #20-189 Approving an Interim Use Permit (IUP) for Use of a Membrane Accessory Structure and Conditional Use Permit (CUP) for Expansion of Outdoor Storage.

Motion to Adopt Resolution #20-257 approving a Variance to Reduce the Rear Building Setback of the Membrane Structure for Lawn Monster.