PUBLIC HEARING: Consider Resolution #21-088 Denying an Interim Use Permit for Gravel Outdoor Storage at 8049 146th Ave NW (Project No. 21-111); Case of Minnesota Tree Experts on behalf of Jacob Gall

This request comes from Jacob Gal (the "Applicant"), of Minnesota Tree Experts (the "Business"), which plans to potentially purchase the property at 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 a brush pile, various vehicles, and equipment for his business.

The City attempted to notify Property Owners, as reflected in the Anoka County Property Records, within 350 feet of the Subject Property of the request.

Summary
Jacob Gall with Minnesota Tree Experts is interested in purchasing the property to utilize for his business. Minnesota Tree Experts is a lawn maintenance company that operates out of several locations in the Twin Cities. Mr. Gall would like to purchase 8049 146th Avenue NW in Ramsey to expand his business practices, but his proposed use would require an Interim Use Permit from the City to operate. The current property owner, Richard Lee (the "Property Owner") with JBR Ramsey LLC, has signed off on his application.

The Applicant plans to use the area for equipment, vehicle, and material storage consisting of a large brush pile that he proposes to be disposed of on a monthly basis. He has provided a  which includes the following:
    - Two 2020 Kenworth 50 yard grapple trucks
    - One 2018 Kenworth 30 yard grapple
    - Three SD64 Nifty lifts
    - One 2015 flatbed Ford 250 truck with trailer
    - Two Carlton Ox stump grinders
    - One 2002 flat bed International truck
    - One 2002 DT 466 International elevator bucket truck
    - Two 2016 Dodge 2500 regular trucks. 

Staff has suggested additional screening precautions based on the proposed use, including new fencing around the property, and surrounding the proposed brush pile. The Applicant has stated they would like to utilize the property for a minimum of three (3) years for his business. Staff anticipates that this use may likely exceed legal, nonconforming rights of the property, and has a high potential of creating a public nuisance with the grinders. As such, the only way to approve the request is through an Interim Use Permit (IUP).

At the January 7, 2021 Planning Commission meeting, an Interim Use Permit was recommended to the City Council for approval to utilize the six (6) storage containers on site, and parking on gravel for the business of the Property Owner's current tenant, Fred Outdoor Services. The City Council approved Resolution #21-014 at their January 26, 2021 Regular Meeting. The Applicant has stated they are willing to remove the storage containers presently on site.

Site Information
The Subject Property is approximately 1.43 acres, and zoned COR Retail District. The vision is to redevelopment/revitalize this area and move away from the primary use of outdoor storage. 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 Applicant plans to remove the existing storage containers on site, and utilize the same parking area for parking of business vehicles and equipment. A site plan can be found in the attached resolution for the proposed use of the Subject Property. The expansion of this nonconforming use will likely perpetuate public nuisance complaints. 

Current Regulations
While the extent of legal, nonconforming use has been determined for the Subject Property, the proposed use may exceed current regulations. The Interim Use Permit is necessary to allow the proposed use on site, and any potential expansion of legal, nonconforming use.

Alternatives
Alternative 1: Recommend the City Council adopt Resolution #21-088 denying an Interim Use Permit to Minnesota Tree Experts. Staff recommends this alternative.

Alternative 2: Recommend the City Council approve an Interim Use Permit for Minnesota Tree Experts' proposed use. Staff does not recommend this alternative.

Alternative 3: Recommend the Applicant modify their application and return to the Planning Commission with a revised proposal. Staff could be supportive of this alternative, but would likely still have concerns about the storage component of material.

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

Staff recommends adopting Resolution #21-088 Denying an Interim Use Permit for outdoor storage of a brush pile, and gravel parking of vehicles and equipment on the Subject Property. The proposed use will likely create public nuisance issues for surrounding property owners, and is an expansion of the existing lawful, non-conforming industrial use onsite.

Motion to recommend City Council adopt Resolution #21-088 Denying an Interim Use Permit for outdoor storage of a brush pile, and gravel parking of vehicles and equipment on the Subject Property.