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Home My WebLink About12/02/2008 AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, December 2, 2008 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. None 5. Public Hearings a. 7:00 pm: Maplewood Toyota Utility Easement Vacations at 1241 Maplewood Drive b. 7:15 pm: Kenneth Berwald Conditional Use Permit for a residential garage at 2080 Prosperity Road 6. New Business 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations November 24, 2008: Council Meeting Update by Commissioner Desai. Items reviewed were: T-Mobile Cell Tower and Thom's Easement Vacation. Planning Commission representation at the December 8, 2008 city council meeting (Ms. Fischer, Mr. Hess are next in line). Items scheduled: Richie Place Lot Division and Comprehensive Plan Amendment 10. Staff Presentations 11. Adjournment MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: Acting City Manager Tom Ekstrand, Senior Planner Maplewood Toyota Easement Vacations 1241 Maplewood Drive November 24, 2008 INTRODUCTION The property at 1241 Beam Avenue, located at the northwest corner of Beam Avenue and Highway 61, currently has 4 public utility easements located at the southwest corner of the property. Within these easements lie storm sewer, sanitary sewer, and water main lines. These easements currently abut each other adjacent to the northerly road right-of-way of Beam Avenue. Among these easements there is a gap in easement coverage. This was discovered during the Beam Avenue improvements this past summer in anticipation for development of the former Country View Golf Course property, the future Carmax site. Refer to the attachments. Request The Public Works Department is requesting that the city council vacate the four public utility easements mentioned above. City staff is recommending that a new utility easement be dedicated by the owner of Maplewood Toyota to cover the existing utilities. This new easement would replace the four existing utility easements and eliminate the gap in coverage. BACKGROUND Parking Ramp Approval On August 8, 2005, the city council approved a conditional use permit and design plans for the parking ramp on this site. Findings for Approval To vacate an easement, the city council must find that it is in the public interest. Number of Votes Required Public utility easement vacations require a 4/5ths vote of the city council for approval. DISCUSSION Staff recommends that vacation of the easements be conditioned upon the recording of a new easement to make sure there is no lapse in the coverage of the existing utilities. Steve McDaniels, owner of Maplewood Toyota, has agreed to the recording of a new easement to take the place of the four existing ones. Mr. McDaniels, in fact, has already submitted the new easement rededication which would be recorded upon the recording of the vacation easement-vacation resolutions. RECOMMENDATION Adopt the resolutions vacating the four utility easements north of Beam Avenue at 1241 Beam Avenue. Approval of these vacations is because it would be in the public interest, since they currently provide a gap in utility easement coverage. Approval of these vacations shall be conditioned upon the owner of Maplewood Toyota rededicating a new easement that fully covers the utilities in question. 2 REFERENCE INFORMATION SITE DESCRIPTION Site size: 2 62 acres Existing Use: Maplewood Toyota sales lot and parking ramp SURROUNDING LAND USES North: Maplewood Toyota building South: Beam Avenue and Maplewood Toyota's main building East: Highway 61 and the former Country View Golf Course property West: A single-family dwelling owned by Maplewood Toyota PLANNING Land Use Plan: M1 (light manufacturing) Zoning: M1 APPLICATION DATE There was no actual date of application since this request was initiated by the city's engineering staff. There is no set deadline, therefore, for final action by the city council. Staff will review this matter within the typical 60-day timeframe. p:sec4\Maplewood Toyota Easement Vacations 11 08 #2 Attachments: 1. Location Map 2. Site Plan 3. Map Showing Existing Utility Easements 4. Map Showing Proposed Utility Easement 5. Vacation Resolutions (four resolutions) 3 Attachment 1 . \ I I j' ii/I -_". \ \ I f / '. f"V-j ~. i ;'~/~'~ ,,~ \ ..,.// I i 1--/~ZI-\ ,~--,\ \-.--1 II rn / It n:(J._. --, --,-J L ----j \ ~ r ..._.f_otl....~..._.t!\~ ~ ~ I / ....~ 1Jt~~/Oft' ~_ ~BiiilG-~_=~ .- ~ ." '" .'-~~h/~ ~ rl. GULDEN'S ",- '- 1 l~// I ! ,/.- alll!, ,\\.:c I' j' /i!i.-".. # ~ ,!l ;' q . ~.~ _~: 4;( 'i l,-- ,/ 1 /l'--1'i!-' ~-Zt./ .,---fit i/~----/ J'I j r J! _ -{-:c:(\ ~ ,/...~ LaMETTR" /1 . it ;;:~~~-)~t\'\~/. I-fOLLISSli~~=:=__--I ,.!~ -' \~i:l Ii ~~_ / \~,-"-qr~ ilf '1fIj / .: to ~~f~-=:i ~r*. . c lU~~.~PROPERrY ____ ~ BEAM'AVE I " I\Iln II ,. IfIJ f IJ d!il' _.- .~ I I 1 ,.' I'liI ;' . MAPLEwobD TOYOTA . , fJ 'II . i l I' , I '~ /~ '\ LOCATION MAP 11 N .Attachment 2 ..-- ~/ , ,.., ~^" ,....,~,_......... {~,..-- ,_J , . BEAM A VENUE ------\ ------------------ -----., r - - - ---..... 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IJ .' ., \l , ' '1/ 1*, 'j' l>~ :~: j-' .h f ,n -'!' ~ ]~~.. .~:.jj i, ~ ~~....~ :!1.o"':S .!o.. 12 ~::;'~~'t:~iJlli'S5l!~S: ~ ...N!!.i!;!:8.-'tfi-" ll;;i';' .;: 11&" ..'c:'5t~S.e~'t;:5'; ~ ~&~~~llH..~8~\l~! ~ :5";" "ll-_....5k:d_~"'ft E..; o"'i.::t.~1l:ro';::U,,:5ii !;:: .r.:.1hiim:< f:t:i .ei-'" ..! ii"8~_ii '" t;j a~iJiti5~511~:l1:;~ ~ :5 ""~'S"'.h~r::5:5~J ~ ~~:5l~~i~13Ei'!-~~' '"'"'l 2""''!!''' w6>.cll"U ~ ""'5oi= ".5b..fwf ~':iliiJllP.r.:"'il'5~:511clo u... =,...>. u........'I; _....05 ~ li)....5...]ll";;;1!-.l ~~1! :'"l ..5o:z-,E..... .... ~ ~~f...jll~-8~~OJ.e~~ "'" u.. -€i li:-.... ..- ~ ~:5'So~u~~ ~~5.:5P ~ :z..~'S~~~~'S! '\' / " II IT / \{I / It. L N\\' ~.s- -_ / II 1: ~ - / I , ~.q -..J.._ II ;11 _ '0q- ---I. II -......;:::""'- --- ~'= Attachment 5 EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 1241 Beam Avenue. This easement is described as follows: Document No. 2428118. A permanent easement for public utilities over, across and through that part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast Quarter of the Northeast Quarter of Section 4,Township 29, Range 22. Said easement being described as the North 30 feet of the South 63 feet of the aforesaid property subject to Beam Avenue and easements of record. WHEREAS, on , the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council this request. WHEREAS, on , the city council this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council the above-described vacation because it is not needed and, therefore, would serve no public purpose. this vacation, the public interest in the The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council this resolution on EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 1241 Beam Avenue. This easement is described as follows: Document No. 2182862. A permanent easement for underground utilities over, across and through the following described property, to wit: That part of the South 253.0 feet of the East 608.4 feet of the Northeast % of Section 4, Township 29, Range 22. Lying West of S.T.H. 61 that lies 10 feet on either side of the following described center line, to wit: Beginning at a point in the South line of the NE % said Section 4, 468.4 feet West of the East line thereof; thence North 33 feet to a point in the North right-of-way line of Beam Avenue; thence Northwesterly to a point in the West line of the East 608.4 feet of the NE %, said Section 4, that lies 73 feet North of the South line of the NE %, said Section 4, and there terminating. WHEREAS, on , the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council this request. WHEREAS, on , the city council this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city property will go to the adjoining property. this vacation, the public interest in the NOW, THEREFORE, BE IT RESOLVED that the city council the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property o"Vner Jirst rededicating a new easement which would fully cover all public utilities on this'property. The Maplewood City Council this resolution on EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 1241 Beam Avenue. This easement is described as follows: Document No. 2173015. A permanent easement for the construction and maintenance of underground utilities, and their appurtenances, over, under, across and through the following described property, to wit: That part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast % of the Northeast % that lies 10 feet on either side of a line running parallel to and 73 feet North of the South line of said Southeast % of the Northeast %, Section 4, Township 29N, Range 22W, Ramsey County, Minnesota, according to the U.S. Government Survey thereof. WHEREAS, on , the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council this request. WHEREAS, on , the city council this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city property will go to the adjoining property. this vacation, the public interest in the NOW, THEREFORE, BE IT RESOLVED that the city council the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this pn:>perty. "i The Maplewood City Council this resolution on EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 1241 Beam Avenue. This easement is described as follows: Parcel NO.2: 1241 Beam Avenue, Maplewood. Minnesota 55109 A permanent easement for the construction and maintenance of underground utilities, and their appurtenances, over, under, across and through the following described property, to wit: That part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast % of the Northeast % that lies 10 feet on either side of a line running parallel to and 73 feet North of the South line of said Southeast % of the Northeast %, Section 4, Township 29N, Range 22W, Ramsey County, Minnesota, according to the U.S. Government Survey thereof. WHEREAS, after the city property will go to the adjoining property. this vacation, the public interest in the together with: A temporary construction easement to expire December 31, 1981 for the purpose of constructing underground utilities and their appurtenances, over, under, across and through the following described property, to wit: That part of the first above described tract lying 10 feet on either side of the previously described permanent.easement. WHEREAS, on , the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council this request. WHEREAS, on , the city council this request after considering the recommendations of staff and the planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council this resolution on MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: Acting City Manager Tom Ekstrand, Senior Planner Garage Proposal-Conditional Use Permit 2080 Prosperity Road November 21 2008 INTRODUCTION Kenneth Berwald is requesting approval to construct a two-car garage at 2080 Prosperity Road. There is an existing garage foundation already in place which has been there for several years. A garage had never been built. The proposed garage measures 24 by 28 feet in size and totals 672 square feet. Although the property is developed with a single dwelling, it is zoned M1 (light manufacturing). City code defines this residential use as "legal nonconforming" since it does not meet the use requirements as defined in the zoning ordinance, but was in existence prior to the M1 zoning. The city ordinance requires approval of a conditional use permit (CUP) to expand a nonconforming use. The proposed garage would be 215 feet from the nearest residential district, which would also require a conditional use permit (CUP) from the city council. Section 44-637(b) states that, in a M1 district, a CUP is required for any building within 350 feet of a residential district. Request Mr. Berwald is requesting that the city council approve a CUP to allow the expansion of a nonconforming use-the construction of a residential garage on property zoned M1. DISCUSSION Conditional Use Permit Residential Use in M1 District Section 44-12(e) ofthe city ordinances state: "No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: (1) required by law or government order; or (2) There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel of land. In this case, the addition of a two-car garage would not be a detriment to the eventual redevelopment of this property as light manufacturing. It should also be understood that, in the proposed comprehensive plan update, this property would be reclassified as Mixed Use, a combination of residential and commercial. Staff feels that a two-car garage added to the applicant's property would not deter any future commercial or industrial development anymore than its current development would. Proximity to Residential District There would not be any impact on the proposed garage on the nearest residential district. The code is intended to protect residential properties from any potential negative impact from nearby industrial development. In this case, even though the property proposed for the construction of the garage is zoned M1, the proposal fits in with existing single-family development in this neighborhood. Garage Appearance The applicant has not had plans drawn up yet for the proposed garage. They had originally intended to seek approval to move a garage onto the existing slab, but the opportunity for that garage has gone. The proposed garage would be a typical two-car garage as shown in the attached photo of the earlier request of the "to be moved" garage. Residential garages like this are not required to be submitted to the community design review board for approval. The applicant should present acceptable design plans to staff for approval prior to getting a building permit to assure that the design is a "standard" two-car garage in appearance. Building Code Issues Dave Fisher, the Maplewood Building Official, stated the following: . The city will require a complete building plan when the applicant makes their submittal for a building permit. . The applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. RECOMMENDATION Adopt the resolution approving a conditional use permit to construct a 24 by 28 foot, two-car garage at 2080 Prosperity Road. Approval is because: 1. There would not be a significant effect on the redevelopment of the parcel as it is currently zoned (light manufacturing). 2. There would be no negative impact on the surrounding properties that are zoned for residential use. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community Development staff may approve minor changes. 2 2. The proposed construction 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 applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. 5. The garage shall be designed as a typical residential two-car garage and shall be subject to staff approval. REFERENCE INFORMATION SITE DESCRIPTION Site size: two acres Existing Use: Single Dwelling and two sheds SURROUNDING LAND USES North: Undeveloped property zoned M1 and owned by the applicant South: Gateway Trail East: A commercial building on property zoned M1 and owned by the applicant West: I"rosperity Road and Excel Air Systems PLANNING Land Use Plan: M1 (light manufacturing) Zoning: M1 (light manufacturing) Applicable Ordinances Section 44-12(e) of the city ordinances state: "No existing building of premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: . required by law or government order; or . There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel of land. Section 44-637(b) states that, in a M1 district, a CUP is required for any building within 350 feet of a residential district. 3 Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See findings 1-9 in the resolution. APPLlCA TION/DECISION DEADLINE We received the complete application and plans for this proposal on October 30, 2008. State law requires that the city take action within 60 days of receiving complete applications. The deadline for city council review, therefore, is December 29, 2008. p:sec15\Berwald Garage Proposal CUP 11 08 te Attachments 1. Location Map 2. Zoning Map 3. Site Plan 4. Garage Proximity Map 5. Garage Previously Proposed for Relocation 6. Letter of request dated October 3D, 2008 7. Conditional Use Permit Resolution 4 1JJ LARK AVE ~Il LAURIE RD ~ IE 0~ o ~ w :;! :I: RYAN AVE &GUml ........ \) ~.. !) .... oo z ;;: " '" w '" ,. ",'" John Glenn Middle School , ,j i~ .., ~e'llOOd Community CenteF _,",,'lilt ...........c..... ,- LuIh...n Chu,'" ...., '" Q ~ Z Z W '" VAN DYKE ST LittlE School of'Monts8sori FROST AVE Wakefield Park -0 ~ ~ ':\\ ~ ~ '" jJ I I L-:.. ." ii ". ~. ~ ~ ~. .'". , .1..,,-<.- !-Ic-or",-' I .... oo :> i2 Q j u. J LOCATION MAP ,,\\\\' " ."'.' ,.,-C., C"jB 00 ~t~~ r1 Q..... o '" " o ~ Il~ ~ - ~ SANDHURST AVE ~5 COUNTY ROAD B Glenn Ie Schoo~ .... '" " '" -< z z w " ~ I J r1 o "~\ ~ ~~ , :>.. " ~. < ~ (> ciJ r~ cb cE)1 EO o [Jcoi;;:J !JJ Cil []lo oP ..... .......... ..... ...... ..... ROSEWOOD AVC -" 171:10. '''\'. ~ ~ 0 ~ ~. ~ ~ ~ ~ tJ . Q "D 1997 o , D [ ) L \ <'> [;:J ,[, ,,,1;1 II ,~ n ~ 2= .~ ZONING MAP Attachment 3 .. '" 1n .. a w z Cl)wO 0<.9- a.~~ ~<(() a. <.93 a Z ~ <( c:: .....J ~ a.. ~~ c:: w ~t [II w a ~ a. ~ I- I~ · .1 CI) :; - 0 en "" -Il,p-.!U c:: a. ~ 0 -,:;~ 00 ~~~ 0 i[!]] N ~ I ~ "" ~ ~ ~ . & .' .... 0 .... uu ilJ t;; 0 1[",__ '" n D [J]J;5 0 I~~ CJ [:~ z ,'-] '" " L~i ~] [_:~~~ ~. <( '" t- '" mJ " .,~ z '" '" '" <0'"- '" "'. z ~ w ~ ~ w " " COUNTY ROAD B lCo 1 L,ZJ CI (;;! ~ ~;~ ~ ~-~ I 1 r- 1 r1 '.;) ;g I'"."" 1"'''1 ,..-1 ~~J ~_.mtJI-:_j " " '"-,R-'1 ~ L~Jc\.:~~~_j L--tf o "'" .... ~ 4 '" " \0 ~ ;g ~J o 0 '" t- ~te-, r--CG-. L:-.J L ~I, !..." <Xl t- rCD--,.-. L~,-_~ !] '" '" N <<> [] ~,] L.J D {' ~ .... '" o '" <( Z Z W " u t- [lEi ~ en [J J=J [J LO dlli lJ[j;-~ iJp] ..;=-- -- --~ ,=--- ] ~ ~lr"t'<;; i ",l ~L~] ~ ~ [~;J .... ~ BURKE AVE na fl o ~g l2-~ CD co-~ ~ D \l~\ alJ 1'.~1 (0'''' [) " [~ L!gJ i1J to l'gn i~-' --(0--' t---~ ~ ~ jc<);"'-~ 1""':" t----- ~ / " "<rt' t::- <Xl c-!/;', l...dt- I L..J l "" r---"CO"~-! L:..,-$~i 1 :'J '" 0 r"-sn~'-lJ r-"-"~I [_c~.,'__ L1"5 '" /1 ;:::I~' ,~ ..-- ,.-.J /, 17~}~-\ "', \J ~DO!;J lid"'! ~.~c.J ~ -- \/~\ [ J 1 ----l.,Q--'..'.'. -,.tQ;I-1 /,-fO' L-m-~J [~I__J \--_ifr2-~ ~ ~ N ;::: ji'----.r, CON OCONCON ill' clO' ~-jg-, [-:g.. I..~.- r'~, ;::: t: / ~rh L__~_J -_'_""".._-",=,J C,'C.iC'. ....... '-'-._1 Li GARAGE PROXIMITY TO, RESIDENTIAL DISTRICTS Attachment 5 GARAGE PREVIOUSLY PROPOSED FOR RELOCATION Attachment 6 Be'lUUIU 9~btt8d CGHqJmcy 2440 NORTH CHARLES STREET Eugene Berwald NORTH ST. PAUL, MINNESOTA 55109 Kenneth Berwald 777-7411 Subject: Request to move a garage 1/ - 2--0 - ()g jJ~ 'r7M..~S+- V ~ +0 b""',I'\ "'- J'a...-a,t--l, October 30,2008 City of Maplewood 1830 County Road BEast Maplewood, MN 55109 The intended use of the garage is to store vehicle(s) and other related personal property. This will benefit the visual appeal of the property because items can be stored inside the garage. Also, it will create safety for the occupants in the cold weather because their vehicles will stay clean and the windows will not frost up in the morning. Finally, there will be no change in the impact of utility (sewer and water) systems. There is an existing concrete pad on the property where the garage will be set. The sole purpose of tl).e garage is for storage. Th?~p~ Kenneth Berwald If you should need further information please feel free to contact me at 651-777-7411. Attachment 7 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Kenneth Berwald applied for a conditional use permit to build a two-car garage on property the City of Maplewood has zoned M1 (light manufacturing). WHEREAS, Section 44-12(e) of the city ordinances state that: "No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: . required by law or government order; or . There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel of land. WHEREAS, Section 44-637(b) states that, in a M1 district, a CUP is required for any building within 350 feet of a residential district. WHEREAS, this permit applies to the property located at 2080 Prosperity Road. The legal description is: SABIN GARDEN LOTS PART OF LOTS 4, 5 & 6 BLK 6 DESCRIBED AS COMMENCING AT SW CORNER OF SAID LOT 6 NORTHEASTERLY ON WESTERLY LINE OF SAID LOT 6 FOR 28 FEET TO BEGINNING; THENCE SOUTHEASTERLY PARALLEL TO SOUTHERLY LINE OF SAID LOT 6 FOR 391.56 FEET THENCE NORTHEASTERLY DEFLECT LEFT 90 DEGREES FOR 263.26 FEET THENCE NORTHWESTERLY DEFLECT LEFT 90 DEGREES FOR 270.39 FEET TO THE POINT ON WESTERLY LINE. WHEREAS, the history of this conditional use permit is as follows: 1. On , 2008, the planning commission held a public hearing. The city staff published a notice in the paper 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 also considered the reports and recommendation of city staff. The planning commission recommended that the city council this permit. 2. On , the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council conditional use permit, because: the above-described 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. 10. There would not be a significant effect on the redevelopment of the parcel as it is currently zoned (light manufacturing). 11. There would be no negative impact on the surrounding properties that are zoned for residential use. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community Development 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. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. 5. The garage shall be designed as a typical residential two-car garage and shall be subject to staff approval. The Maplewood City Council this resolution on