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AGENDA
CITY OF MAPLEWOOD
PLANNING COMMISSION 7:00 P.M. Tuesday, March 19, 2024
City Hall, Council Chambers
1830 County Road B East
A.CALL TO ORDER
B.ROLL CALL
C.APPROVAL OF AGENDA
D.APPROVAL OF MINUTES1.January 16, 2024 Planning Commission Meeting Minutes
E.PUBLIC HEARING1.MSP Commercial, 1081 Highway 36 Easta.Conditional Use Permit Amendment Resolutionb.Setback Variance Resolution
F.NEW BUSINESSNone
G.UNFINISHED BUSINESSNone
H.COMMISSION PRESENTATIONS
I.STAFF PRESENTATIONSNone
J.VISITOR PRESENTATIONS – 3 minute time limit per person
K. ADJOURNMENT
WELCOME TO THIS MEETING OF THE
PLANNING COMMISSION
This outline has been prepared to help you understand the public meeting process.
The review of an item usually takes the following form:
1. The chairperson of the meeting will announce the item to be reviewed and ask for the
staff report on the subject.
2. Staff presents their report on the matter.
3. The Commission will then ask City staff questions about the proposal.
4. The chairperson will then ask the audience if there is anyone present who wishes to
comment on the proposal.
5. This is the time for the public to make comments or ask questions about the proposal.
Please step up to the podium and speak clearly. Give your name and address first and
then your comments.
6. After everyone in the audience wishing to speak has given his or her comments, the
chairperson will close the public discussion portion of the meeting.
7. The Commission will then discuss the proposal. No further public comments are allowed.
8. The Commission will then make its recommendation or decision.
9. All decisions by the Planning Commission are recommendations to the City Council. The
City Council makes the final decision.
“Welcome to the meeting of the Maplewood Planning Commission. It is our desire to
keep all discussions civil as we work through difficult issues tonight. If you are here for a
Public Hearing or to address the Planning Commission, please familiarize yourself with
the Policies and Procedures and Rules of Civility, which are located near the entrance. At
the podium please state your name and address clearly for the record.”
Revised: 02/18
January 16, 2024
Planning Commission Meeting Minutes 1
MINUTES
MAPLEWOOD PLANNING COMMISSION
7:00 P.M. Tuesday, January 16, 2024
City Hall, Council Chambers
1830 County Road B East
A.CALL TO ORDER
A meeting of the Commission was held and called to order at 7:00 p.m. by Chairperson Desai
B.ROLL CALL
Tushar Desai, Chairperson Present
Lue Yang, Vice Chairperson Present
Paul Arbuckle, Commissioner Absent
Frederick Dahm, Commissioner Present
John Eads, Commissioner Present
Allan Ige, Commissioner Present
Tom Oszman, Commissioner Present
Staff Present: Elizabeth Hammond, Planner
C.APPROVAL OF AGENDA
Commissioner Dahm moved to approve the agenda as presented.
Seconded by Commissioner Oszman Ayes – All
The motion passed.
D.APPROVAL OF MINUTES
1.November 21, 2023 Planning Commission Meeting Minutes
Commissioner Ige moved to approve the November 21, 2023 Planning Commission Meeting
Minutes as submitted.
Seconded by Commissioner Eads Ayes – All
The motion passed.
E.PUBLIC HEARING
1.Conditional Use Permit Amendment Resolution, Woodland Hills Church, 1740 VanDyke Street
Elizabeth Hammond, Planner, gave the presentation.
Chairperson Desai opened the public hearing.
Jodi Cremers of Woodland Hills Church and Brandon Overholt of Settled. Inc, addressed the
commission and answered questions.
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The following individuals addressed the commission regarding the project:
John Romanik, Resident,1950 Price Ave E, Maplewood
Tim Haggerty, Resident, 1935 Kingston Ave E, Maplewood
Marlene Lallier, Resident, 1908 Ripley Ave E, Maplewood
Jodi Cremers of Woodland Hills Church and Brandon Overholt of Settled. Inc, spoke again to
address the comments made by the public and questions of the commission.
Chairperson Desai closed the public hearing.
Commissioner Eads moved to approve a conditional use permit amendment resolution for
parking lot and site improvements to be constructed at 1740 Van Dyke Street.
CONDITIONAL USE PERMIT AMENDMENT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Jodi Cremers of Woodland Hills Church has requested approval of a conditional use
permit amendment for parking lot and site improvements.
1.02 The property is located at 1740 Van Dyke Street North and is legally described as:
PIN: 142922330001. Parcel I: That parcel of land lying in the County of Ramsey and State
of Minnesota, described as follows, to wit:
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of
Section Fourteen (14). Township Twenty-nine (29), Range Twenty-two (22), lying
Southerly of the North St. Paul Road and lying Southwesterly of the following described
line:
Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter
(NW 14 of SW 1/4); thence West One Hundred Twenty (120) feet along the South line
thereof to the place of beginning of the line herein to be described; thence along a line
bearing North Forty-seven (47) degrees, Twenty-two (22) minutes West to the Southerly
right-of-way line of the North St. Paul Road and there terminating.
Also
That part of the East Half of the Southwest Quarter of the Southwest Quarter (E ½ of SW
1/4 of SW 1/4) of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two
(22), lying Southeasterly of North St. Paul Road (so-called); except that part of the South
Two Hundred Thirty-three (233) feet lying East of the West One Hundred Eighty-three
(183) feet; and further excepting that part of said East Half of the Southwest Quarter of the
Southwest Quarter (E ½ of SW 1/4 of SW 1/4), lying Northeasterly of the following
described line:
Commencing at a point on the East line of said Southwest Quarter of the Southwest
Quarter (SW 1/4 of SW 1/4), One Hundred Ten (110) feet South of the Northeast corner
thereof; thence running to a point on the North line of said Southwest Quarter of the
Southwest Quarter (SW 1/4 of SW 1/4), One Hundred twenty (120) feet West of the
Northeast corner thereof. Subject to public easements over the East Thirty-three (33) feet
thereof for North Hazel Street; the West Thirty-three (33) feet thereof for Van Dyke Street,
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and the South Thirty-three (33) feet of the West One Hundred Eighty-three (183) feet
thereof for Larpenteur Avenue; further subject to the rights of the County of Ramsey for
highway over That part of the West 183 feet of the South 233 feet of the East Half of the
Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22
West, Ramsey County, State of Minnesota (hereinafter to be referred to as Parcel X),
enclosed within the area described as follows:
Beginning at the Southeast corner of Parcel X; thence Northerly along the East line
thereof, a distance of 62.42 feet; thence Northwesterly to a point 70.38 feet West of the
East line and 65.37 feet North of the South line of Parcel X; thence West parallel to the
South line of Parcel X, a distance of 40 feet; thence Northwesterly to a point 45 feet east
of the West line and 74 feet North of the South line of Parcel X; thence Northwesterly to a
point on the East right-of-way line of Van Dyke Street that is 102 feet North of the South
line of said Parcel X; thence West parallel to the South line of Parcel X, a distance of 33
feet to its intersection with the West line of Parcel X, thence South along the West line, a
distance of 102 feet, to the Southwest corner of Parcel X; thence East along the South
line 183 feet to the place of beginning. Excepting therefrom such right-of-way heretofore
dedicated to the public or otherwise acquired for highways. all according to the United
States Government Survey thereof.
Parcel II: That parcel of land lying in the County of Ramsey and State of Minnesota,
described as follows, to wit:
The South Two Hundred Thirty-three (233) feet of the East Half of the Southwest Quarter
of the Southwest Quarter (E ½ of SW 1/4 of SW 14) of Section Fourteen (14), Township
Twenty-nine (29), Range Iwenty-two (22). except the West One Hundred Eighty-three
(183) feet thereof and further excepting the East One Hundred Eighty-three (133) feet
thereof, subject to rights acquired by the County of Ramsey for highway purposes over
the Southerly Thirty-three (33) feet thereof, according to the Government Survey thereof.
Except the premises described as Parcel A in a certain Multi-Party Agreement dated April
24, 1969 (which Parcel A was conveyed to the County of Ramsey pursuant to said Multi-
Party Agreement), recorded in Ramsey County Records, Book 2217, Page 345, as
Document No. 1767687, said Parcel A being described therein as follows: That part of the
South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of
Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota,
except the West 183 feet thereof and also excepting the East 183 feet thereof lying South
of the following described line: Beginning at a point on the East line of the above-
described property 49 ½ feet North of the Southeast corner thereof, thence West on a line
parallel to the South line of said Southwest Quarter to a point 83 feet East of the W est line
of the above-described property; thence Northwesterly to a point on the west line of said
property that is 62.42 feet North of the Southwest corner thereof and there terminating.
Excepting therefrom such right-of-way heretofore dedicated to the public or otherwise
acquired for highways.
Ramsey County
Abstract Property
Section 2. Standards.
2.01 City Ordinance Section 44-1092 requires a Conditional Use Permit for Churches.
2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that
the City Council must base approval of a Conditional Use Permit on the following nine
standards for approval.
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1.The use would be located, designed, maintained, constructed and operated to be in
conformity with the City’s Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5.The use would not exceed the design standards of any affected street.
6.The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7.The use would not create excessive additional costs for public facilities or services.
8.The use would maximize the preservation of and incorporate the site’s natural and
scenic features into the development design.
9.The use would cause minimal adverse environmental effects.
Section 3. Findings.
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
request.
1. On January 16, 2024, the planning commission held a public hearing. The city staff
published a hearing notice in the Pioneer Press and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements.
2.On February 12, 2024, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff. The
Planning Commission recommended that the City Council approve this resolution.
Section 5. City Council
5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined
in section 3 of this resolution. Approval is subject to the following conditions: (additions
are underlined and deletions are crossed out)
1.All construction shall follow the site plan approved by the city. Staff may approve
minor changes.
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January 16, 2024
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2.The proposed use must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one
year.
3.The city council shall review this permit in one year.
4.The temporary homeless shelter shall be limited to a period of two months each year.
The number of residents sheltered shall not exceed 20 persons at a time as proposed.
5.Woodland Hills Church shall provide constant supervision when the temporary shelter
is in operation.
6.Woodland Hills Church shall comply with all requirements of the Maplewood Building
Official, Fire Marshal and Health Officer prior to beginning in the operation of the
temporary shelter and food shelf.
7.Any changes in use or the operation of the temporary shelter or expansion of the
church shall require review by the city council.
8.Any plans for changes to the building exterior, other than painting or repairs, shall be
submitted to the community design review board, for review and approval.
9.The applicant shall notify city staff prior to operating the temporary shelter so the city
can assure compliance with the allowed two months per year of the homeless shelter.
10.Building permits are required for any structures or buildings that may be built on this
site.
11.All demonstration tiny homes must be located on a hard surface and cannot be stored
on any greenspace within the property.
12.No construction materials may be stored outside.
13.All exterior activities related to the demonstration project of the tiny homes must
adhere to the city’s noise ordinance requirements.
Seconded by Commissioner Dahm Ayes – All
The motion passed.
This item will go to the city council on February 12, 2024
2.Conditional Use Permit Resolution, Mister Car Wash, 3050 White Bear Avenue North
Elizabeth Hammond, Planner, gave the presentation.
Chairperson Desai opened the public hearing.
Chris Campbell, CWP West, LLC, addressed the commission and answered questions. There
were no additional individuals who spoke the project.
Chairperson Desai closed the public hearing.
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January 16, 2024
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Commissioner Oszman moved to approve a resolution for a conditional use permit approving a
car wash to be constructed at 3050 White Bear Avenue North, subject to conditions of approval.
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Mister Car Wash has requested approval of a conditional use permit.
1.02 The property is located at 3050 White Bear Avenue North and is legally described as:
The South 100.00 feet of the North 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2,
Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota lying
Easterly of White Bear Avenue, except the East 360.0 feet thereof,
AND
The South 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North,
Range 22 West, City of Maplewood, Ramsey County, Minnesota, lying Northerly of
Woodlyn Avenue and Easterly of White Bear Avenue, except the East 360.0 feet thereof,
AND
The West 181.87 feet of the East 360.0 feet of the South 100.0 feet of the North 1/2 of the
Northeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22
West, Ramsey County, Minnesota.
AND
The West 181.87 feet of the East 360.0 feet of the South 1 /2 of the Northeast Quarter of
the Northwest Quarter, Ramsey County, Minnesota lying Northerly of Woodlynn Avenue.
PIN: 022922210025
Section 2. Standards.
2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that
the City Council must base approval of a Conditional Use Permit on the following nine
standards for approval.
1. The use would be located, designed, maintained, constructed, and operated to be in
conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment, or methods of
operation that would be dangerous, hazardous, detrimental, disturbing, or cause a
nuisance to any person or property because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
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January 16, 2024
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7.The use would not create excessive additional costs for public facilities or services.
8.The use would maximize the preservation of and incorporate the site’s natural and
scenic features into the development design.
9.The use would cause minimal adverse environmental effects.
Section 3. Findings.
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
request.
1. On January 16, 2024, the planning commission held a public hearing. City staff
published a hearing notice in the Pioneer Press and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements.
2.On February 26, 2024, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff. The
Planning Commission recommended that the City Council approve this resolution.
Section 5. City Council
5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined
in section 3 of this resolution. Approval is subject to the following conditions:
1.All construction shall follow the approved plans. The planning staff may approve minor
changes.
2.The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void.
3.The city council shall review this permit in one year.
4.The applicant must meet all of the required conditions outlined in the design review
resolution.
5.This resolution approves the parking as proposed onsite: (3) off-street parking stalls in
the southeast corner of the property, (9) vacuum stalls on the east side of the building,
and (25) stacking stalls.
6.If a parking shortage develops on-site, the city council will require additional parking
spaces to be installed.
7.Water from the motor vehicle wash shall not drain onto a public street or access.
Seconded by Commissioner Ige Ayes – All
The motion passed.
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January 16, 2024
Planning Commission Meeting Minutes 8
This item will go to the city council on February 26, 2024
F.NEW BUSINESS
None
G.UNFINISHED BUSINESS
None
H.COMMISSION PRESENTATIONS
None
I.STAFF PRESENTATIONS
None
J.VISITOR PRESENTATIONS
K. ADJOURNMENT
Commissioner Dahm moved to adjourn the meeting at 7:58 p.m.
Seconded by Commissioner Oszman Ayes – All
The motion passed.
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PLANNING COMMISSION STAFF REPORT
Meeting Date March 19, 2024
REPORT TO:Michael Sable, City Manager
REPORT FROM:Elizabeth Hammond, Planner
PRESENTER:Elizabeth Hammond, Planner
AGENDA ITEM:MSP Commercial, 1081 Highway 36 East
a.Conditional Use Permit Amendment Resolution
b.Setback Variance Resolution
Action Requested:✓ Motion ☐Discussion ✓Public Hearing
Form of Action:✓Resolution ☐Ordinance ☐Contract/Agreement ☐ Proclamation
Policy Issue:
MSP Commercial (applicant/property owner) proposes using a vacant portion of their existing
building for a new tenant operating a vehicle maintenance garage. The proposed business, Fresh’n
Up Car Care, would provide auto body restoration services. A vehicle maintenance garage is
permitted on the site with a conditional use permit; however, city code requires this type of use to
be at least 350 feet from any property the city plans for residential use. The property has an
approved conditional use permit and setback variance for the previous tenant operating a used
vehicle sales business. An amendment to the conditional use permit and setback variance is
required to proceed with having an auto body restoration business on the property.
Recommended Action:
a.Motion to approve a conditional use permit amendment resolution for the property at 1081
Highway 36 East, subject to certain conditions of approval.
b.Motion to approve a setback variance resolution for the property at 1081 Highway 36 East.
Fiscal Impact:
Is There a Fiscal Impact? ✓ No ☐ Yes, the true or estimated cost is $ 0.00
Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐New Revenue Source
☐Use of Reserves ✓ Other: n/a
Strategic Plan Relevance:
☐Community Inclusiveness ☐Financial & Asset Mgmt ☐Environmental Stewardship
☐Integrated Communication ✓Operational Effectiveness ☐Targeted Redevelopment
The city deemed the applicant’s application complete on February 22, 2024. The initial 60-day
review deadline for a decision is April 22, 2024. As stated in Minnesota State Statute 15.99, the city
can take an additional 60 days, if necessary, to complete the review.
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Background:
MSP Commercial owns the multi-tenant commercial-industrial property at 1081 Highway 36 East
and requests approval to allow Fresh’n Up Car Care, a vehicle maintenance garage, to lease a
vacant portion of their building. The property has a conditional use permit and setback variance
allowing used vehicle sales for Whitaker Car Sales; however, this business no longer operates on
the property. The building has three tenants: Valve Check, Inc., Hirshfield’s, and Ascension
Physical Therapy.
The proposed tenant, Fresh’n Up Car Care, would operate in the space formerly occupied by
Whitaker Car Sales; however, where the used car sales business previously-stored vehicles in the
parking lot for sale, the auto body business would operate entirely within the interior of the building.
Other than updating signage, no exterior modifications are proposed to accommodate this new
tenant. Fresh’n Up Car Care currently has three employees. It offers various auto body restoration
and repair services, including paint corrections, dent and scratch repair, headlight restoration, and
light bumper and auto body paint blending. Additional project details are outlined in the application
project and parking narrative.
Conditional Use Permit
The site has an existing conditional use permit (CUP), which allows for used vehicle sales. The
applicant requests to amend the CUP to allow for vehicle repair. The revision is required as the
current CUP does not address the use of vehicle repair or maintenance, only vehicle sales.
The CUP will carry over the sale of used vehicles. However, the applicant must submit these details
to the city for review if there are changes to the building's tenant mix. Staff recommends that the
previous requirements under the CUP granted in 2014 and amended in 2016 be terminated
(attached for reference). The proposed conditions better reflect the site and ownership responsibility
while addressing potential building tenants who could conduct vehicle sales or repairs in the future.
Parking
Staff requested that the applicant submit a building layout and parking narrative to facilitate
reviewing the existing and required parking stalls. Based on the mix of uses in the building, the site
is required to have 78 parking stalls overall. Some stalls are striped, but overall, the parking areas
must be re-striped and repaired. The applicant worked with a contractor to take some preliminary
measurements to restripe the lot and identified at least 60 existing stalls, some that are currently
marked, some stalls where the string is fading, and an additional 20 stalls that can be striped, for a
total of 80 parking stalls.
Based on this information, the property will exceed the required parking stalls. A final parking plan
must be submitted to staff for review before the new business can begin operating on the site. The
parking lot must be repaired and restriped as required. Should the tenant layout in the building
change or if a new use is proposed, all parking requirements must be reviewed by staff beforehand,
and requirements must be achieved. The application project and parking narratives describe the
business operation types for each building use. Accordingly, city code parking requirements are
outlined below.
Motor Vehicle Repair/Maintenance Garage
Two spaces for each service stall, one space for each employee, and one space for each business
vehicle stored on the site.
•Fresh’n Up Care
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Manufacturing/Warehouse Establishments
One space for every 750 square feet of manufacturing floor area and one space for every 1,250
square feet of warehousing floor area.
• Valve Check, Inc. & Hirshfield’s
Commercial, Office, or Recreational Building
One space for every 200 square feet of floor area.
• Ascension Physical Therapy, Hirschfield’s, and Valve Check, Inc., contain small portions of
office space
Setback Variance
The property is zoned light manufacturing, and a vehicle maintenance garage is permitted with a
conditional use permit. City code requires all parts of a vehicle maintenance garage to be at least
350 feet from any property the city is planning for residential use. The existing building and site are
approximately 190 feet from the closest residential property line to the north, which is located on
Cypress Street North.
State statute allows variances to be approved when the proposal is in harmony with city goals and
policies outlined in the comprehensive plan and official controls and when practical difficulties exist.
The practical difficulty standard outlines three factors cities must consider on a variance request:
reasonableness, uniqueness, and essential character. Staff has reviewed the application and finds
the request is in harmony with city goals and policies outlined in the comprehensive plan and official
controls and meets the practical difficulties standard which must be applied. Staff findings are
described below.
1. Reasonableness – When the property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance.
This is correct. The zoning ordinance permits a vehicle maintenance garage on the property, and
similar light manufacturing and auto-oriented businesses have historically operated on this property
and adjacent properties. While the use is permitted, city code has use-specific standards that
require the use to be 350 feet from a property planned for residential use. In this case, the property
is approximately 200 feet from a residential property.
2. Uniqueness – When the plight of the landowner is due to circumstances unique to the
property not created by the landowner.
This is correct. The existing circumstances are unique to this property and not created by the
owner. The subject property was originally constructed in 1963, and the adjacent properties to the
east and west were built soon after in the 1970s. This portion of buildings fronting Highway 36 has
historically been zoned and used for commercial and industrial uses.
The residential neighborhood to the north off Cypress Street developed afterward, beginning in
1997 and continuing in recent years. There are two exceptions on Gervais Avenue, where two were
initially built single-dwelling homes in 1953 and 1968. These properties were modified over the
years and are now zoned manufacturing and used for office and light manufacturing businesses,
similar to the buildings fronting Highway 36.
3. Essential Character – When the variance, if granted, will not alter the essential character of
the locality.
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This is correct. The properties are zoned to permit this use and have been used this way historically
before the adjacent residential neighborhood was developed. The proposed business would
operate entirely within the interior of the building. The previous business stored vehicles for sale
outside, so the exterior presence related to this business should be less than before. A condition on
the CUP requires all vehicles to be kept inside the building.
Timeline/Previous Actions
July 14, 2014: The city council approved a CUP for Whitaker Sports and Classic Cars, allowing
used vehicle sales on the property and a setback variance allowing for the use to be within 350 feet
of property planned for residential use.
July 13, 2015: The city council reviewed and approved the CUP for one year.
July 25, 2016: The city council reviewed the CUP and tabled the review, requesting additional
information from the applicant.
August 22, 2016: The city council amended the CUP, allowing up to 10 vehicles to be displayed in
the front of the building.
Commission and City Council Review
Planning Commission
March 19, 2024: The Planning Commission will hold a public hearing and review the conditional
use permit amendment and setback variance.
City Council
April 8, 2024: The City Council will review the request and make the final determination on the
conditional use permit amendment and setback variance.
Department Comments
Fire – Jerry Novak, Fire Marshal
The property owner shall provide interior floor plan specifications and details on the type of paint
corrections and paint blending to occur, including planned paint storage on the site. The property
owner will meet the requirements of the Fire Marshal and install a paint booth and ventilation
systems as necessary.
Environmental Health – Molly Wellens, Environmental Health Offical
The property owner must contact Rasmey County and obtain a hazardous waste license if required.
Environmental – Shann Finnwall, Environmental Panner
None
Engineering – Jon Jarosch, Assistant City Engineer
None
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Public Comments
Staff sent a public hearing notice and application details to the properties within 500 feet of the
subject property. No public comments were received.
Reference Information
Site Description
Site Size: 2.19 Acres
Surrounding Land Uses
North: Commercial/Industrial
South: Highway 36
East: Clinic/Office/Temporary Housing
West: Commercial/Industrial Multi-tenant Building
Planning
Existing Land Use: Commercial
Existing Zoning: Light Industrial
Attachments:
1.Conditional Use Permit Amendment Resolution
2.Setback Variance Resolution
3.Overview Map
4.Future Land Use Map
5.Zoning Map
6.Applicant Project and Parking Narratives
7.Site Plan and Floorplan
8.Existing CUP Conditions
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CONDITIONAL USE PERMIT AMENDMENT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 MSP Commercial (property owner) has requested to amend the Conditional Use
Permit for the property located at 1081 Highway 36 East.
1.02 The property located at 1081 Highway 36 East is legally described as:
Section 9, Township 29, Range 22, Ramsey County, Minnesota
Tax Parcel Identification: 092922310001
1.03 The conditional use permit allows used vehicle sales to operate on the property.
1.04 The property owner requests to amend the conditional use permit to allow a vehicle
maintenance garage to operate on the property.
Section 2. Standards.
2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on the
following nine standards for approval.
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run-off,
vibration, general unsightliness, electrical interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
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8. The use would maximize the preservation of and incorporate the site’s natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Section 3. Findings.
3.01 The proposal meets the specific Conditional Use Permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
request.
1. On March 19, 2024, the Planning Commission held a public hearing. City staff
published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The Planning Commission gave everyone at the
hearing a chance to speak and present written statements. The Planning
Commission recommended that the City Council ________ this resolution.
2. On April 8, 2024, the City Council discussed this resolution. They considered
reports and recommendations from the planning commission and City staff.
Section 5. City Council
5.01 The City Council hereby _______ the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
1. All previous CUP conditions, including the CUP granted on July 14, 2014, are
terminated.
2. The city council will review the permit in one year.
3. Should there be changes to the building's tenant mix, the property owner must
submit these details to the city for review. Before a new tenant operates on the
property, the owner must receive approval from the city.
4. Outdoor sales, storage, and display are prohibited on the property unless
reviewed by the city council.
5. There shall be no exterior storage of inoperable vehicles related to a vehicle
maintenance garage on the property or the adjacent public streets. All vehicles
waiting for repair or pick-up must be stored inside the building.
6. There shall be no exterior storage of vehicles listed for sale related to a vehicle
sales business on the property or adjacent public streets. The owner must
request an amendment to the conditional use permit for any exterior display of
vehicles for sale.
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7.The owner will submit a trash enclosure plan for the property. A trash enclosure
is required around all trash containers or dumpsters on the property and shall be
100 percent opaque. The enclosure must meet city ordinance requirements. The
enclosure is required to be maintained at all times.
8.The owner will submit a parking lot striping plan to the city for review. All parking
areas will be repaired, and the appropriate size parking stalls and drive aisles
must be striped on the property. The parking lot shall be maintained at all times.
9.Should the tenant layout in the building change or if a new use is proposed, all
parking requirements must be reviewed by staff beforehand, and all parking
requirements must be achieved before a new use can operate on the property.
10.All vehicle deliveries and transport unloading shall be done on-site, not along
public streets.
11.All signs shall meet the City of Maplewood sign ordinance. The property owner
will obtain sign permits as required.
12.Before a vehicle maintenance garage can operate on the site, the property owner
shall provide interior floor plan specifications and details on the type of paint
corrections and paint blending to occur, including planned paint storage on the
site. The property owner will meet the requirements of the Fire Marshal and
install a paint booth and ventilation systems as necessary.
13.The property owner must contact Rasmey County and obtain a hazardous waste
license if required.
14.The property owner must contact the city’s licensing division and obtain any
required licenses for the businesses that operate on the property. The city will not
issue a business license until the property owner submits a trash enclosure plan
and a parking lot striping plan to staff for review.
_______________ by the City Council of the City of Maplewood, Minnesota, on April 8, 2024.
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SETBACK VARIANCE RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 MSP Commercial (property owner) has requested a setback variance to allow a
vehicle maintenance garage to operate on the property closer than 350 feet from a
residentially planned property.
1.02 The vehicle maintenance garage would be approximately 200 feet from a
residentially planned property.
1.03 The property located at 1081 Highway 36 is legally described as:
Section 9, Township 29, Range 22, Ramsey County, Minnesota
Tax Parcel Identification: 092922310001
Section 2. Standards.
2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that states
a variance may be granted from the requirements of the zoning ordinance when: (1)
the variance is in harmony with the general purposes and intent of this ordinance; (2)
when the variance is consistent with the comprehensive plan; and (3) when the
applicant establishes that there are practical difficulties in complying with the
ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the
need for a variance is caused by circumstances unique to the property, not created
by the property owner, and not solely based on economic conditions; (3) the variance
if granted, will not alter the essential character of the locality.
Section 3. Findings.
3.01 The setback variance request meet the required standards for a variance. Staff finds:
1. That the need for a variance is caused by circumstances unique to the property,
not created by the property owner, and not solely based on economic conditions;
2. That the proposed use is reasonable; and
3. That the variance will not alter the essential character of the locality; and
4. That the need for a variance is in harmony with the general purposes and intent
of this ordinance; and
5. That the variance is consistent with the comprehensive plan.
Section 4. City Review Process
4.01 The City conducted the following review when considering the variance requests.
1. On March 19, 2024, the planning commission held a public hearing. The city
staff published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council _______ this resolution.
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2. On April 8, 2024, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff.
Section 5. City Council
5.01 The city council hereby _______ the resolution. Approval of the application is based
on the findings outlined in section 3 of this resolution.
__________ by the City Council of the City of Maplewood, Minnesota, on April 8, 2024.
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HirshfieldsAscension PT& Perfornance(lower level)Valve Check(lower level)Valve CheckFresh'N UpCar CareE1, Attachment 7
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