Adopt Resolution #20-189 Approving Interim and Conditional Use Permits at 6300 Bunker Lake NW (Project No. 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 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
• 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 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 building will need to be moved to meet the rear setback after a denial for a Variance from the Planning Commission. 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 to utilize the hoop building with the tarp cover which does not meet architectural requirements. 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, unless approved by City Council. It also does not meet the rear setback requirement of 35 feet for buildings in the E-1 Employment District, so the structure will need to be moved.

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

Alternatives
Alternative 1: Recommend approval for the Interim Use Permit for the membrane structure, and Conditional Use Permit for expansion of legal, nonconforming use as requested. Planning Commission supported this alternative.

Alternative 2: Deny both requests. Should the 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. Planning Commission did not support this alternative, but could support it if the City Council did not want an additional membrane structure.

Alternative 3: Recommend approval of either, but not both.

All costs associated with this request are the responsibility of the Applicant.

The Planning Commission recommends approving Resolution #20-189 granting an Interim Use Permit for use of the membrane structure and Conditional Use Permit for outside storage on the Subject Property.

Motion to adopt Resolution #20-189 approving an Interim Use Permit for use of the membrane structure and a Conditional Use Permit for outside storage on the Subject Property.