Adopt Resolution #21-014 Approving an Interim Use Permit for Storage Containers and Gravel Parking at 8049 146th Ave NW (Project No. 20-137); Case of JBR Ramsey, LLC on behalf of Richard Lee

This request comes from Richard Lee (the "Applicant"), owner of JBR Ramsey LLC which owns 8049 146th Avenue NW (the "Subject Property"). The Applicant is seeking recommendation of approval for an Interim Use Permit for outdoor storage on gravel surfacing for vehicles, storage containers, and various equipment for Fred Outdoor Services (the "Tenant). The Planning Commission tabled this topic at their December 3, 2020 Planning Commission meeting, recommending that the Applicant work with City Staff to revise their Application to include additional screening for the storage containers. Since that meeting, the Applicant has revised their application.

The current proposal is to:

• Align all storage containers (except one outlined below) to the east side of the building. The storage containers will remain in a neat and orderly line.
• The ends of the storage containers will be painted to match the building. The paint will be maintained and kept in neat appearance.
• One remaining storage container will be on the west side of the building, to remain screened from adjacent properties to the north and east.
• The Applicant is open to additional screening including a white PVC fence or wrapping the end container.

Staff is comfortable with this compromise scenario, as the property is likely to redevelop in future years. Staff is supportive of utilizing storage containers for this unique situation instead of investing in a new building on the property that will likely be torn down in future years.

The Planning Commission recommended approval of the IUP.

The Public Hearing was held at the January Planning Commission meeting, no notification is required for this step.

Summary
The Subject Property was discovered to be in violation of City Code in regards to overgrown vegetation, outdoor storage on unapproved surfacing, and off-street parking regulations. The property owner, Richard Lee, has been working with the City for an extended period of time to resolve these violations, and receive approval for outdoor storage on approved surfacing. The only outstanding violation on the property is the outdoor storage. Fred Outdoor Services uses the area for equipment, vehicle, and material storage which includes six (6) storage containers. According to the Applicant, two (2) of the six (6) storage containers have been there for at least 15 years, but Staff does not have any records of permits for these units, nor for the gravel parking area that the property owner installed.

Mr. Lee is requesting that the Planning Commission recommend approval so that he may install an additional layer of Class V gravel, and utilize the area in the manner it has been for the last 15 years, with the inclusion of the storage containers currently on site. Staff has suggested a 20 foot buffer surrounding the property to refrain from parking vehicles and equipment in the drainage and utility easement. The Applicant has noted that the containers would be managed and maintained by the tenant, and would like to utilize the containers for an extended period of time, at least five (5) years. Staff anticipates that the storage containers will remain onsite until the property redevelops, if this permit is approved.

Site Information
The Subject Property is approximately 1.43 acres, and zoned COR, but functions as an older industrial district. It is a unique property in the City of Ramsey, slated for redevelopment.The current location of the containers is noted in the attached site plan. Currently, the outdoor storage area consists entirely of dirt and grass. The southwest parking area of the parcel is made entirely of asphalt and concrete surfacing, but the storage area does not have any Class V left after consistent use over the years. The containers are currently placed on grass or dirt, but the City requests that they be placed on Class V crushed concrete, which will be installed at a later date.

Current Regulations
At this time, the City does not allow shipping containers or these large metal storage containers in lieu of an accessory building in any district. The request for these types of containers is becoming more and more common as the containers become more trendy and readily available. Staff is aware of at least one other request from an industrial-type user for these types of shipping containers, and has numerous requests from residents to allow these types of storage containers on residential properties.

Previous direction has been to improve the image of Ramsey and work with property owners throughout the City to incrementally improve properties. These containers do require upkeep and the metal containers are not an ideal architectural feature. However, Staff is empathetic to the recent economic downturn and wants to help a Ramsey business remain in their current location.

The outdoor storage has been debated internally since the only documentation consists of aerial photographs added to this case, as well as the signed copy of the site plan presented from the former tenant from 1986 through 2018, Chalich Trucking. It is also noted that Class V was installed without City approval in 2016, based on the proposed site plan. Recent inspections indicate that an additional layer of Class V will need to be approved by the City and installed if the Interim Use Permit is approved.

Code Sections

• COR Section of Code, Chapter 117-118
• Public Nuisances Section of Code, Chapter 30-3

Alternatives
Alternative 1: Approve the Interim Use Permit for gravel parking and storage containers as written, which includes aligning the containers to the east of the building, and painting the ends of the containers for additional screening.
Alternative 2: Approve the Interim Use Permit for gravel parking and storage containers with modifications which could include putting up a white PVC fence around the north and east sides of the containers for additional screening.
Alternative 3: Deny the application.

The Planning Commission recommended Alternative 1.

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

The Planning Commission recommended Alternative 1, including painting the containers for additional screening.

Motion to adopt Resolution #21-014 approving an Interim Use Permit for gravel parking and use of storage containers on the Subject Property.