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HomeMy WebLinkAbout07/19/20041. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, July 19, 2004, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. June 21, 2004 5. Public Headngs None 6. New Business a. Conditional Use Permit- Commercial Equipment Parking (65 Larpenteur Avenue) 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. June 28 Council Meeting: Ms. Fischer b. July 12 Council Meeting: Mr. Peamon c. July 26 Council Mee§ng: Mr. Trippler d. August 9 Council Meeting: Mr. Desai 10. Staff Presentations a. Annual Tour 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JUNE 21, 2004 (This meeting was not cablecast) I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Chairperson Lorraine Fischer Commissioner Jeff Bartol Vice-Chairperson Tushar Desai Commissioner Mary Dierich Commissioner Commissioner Commissioner Commissioner Commissioner Michael Grover Daniel Lee Paul Mueller Gary Pearson Dale Trippler. Present Present Present Present Present Present Present Present Present Staff Present: Ken Roberts, Planner Lisa Kroll, Recording Secretary Erin Laberee, Staff Engineer III. APPROVALOFAGENDA Commissioner Pearson moved to approve the agenda. Commissioner Trippler seconded. Ayes - Bartol, Desai, Dierich, Fischer, Grover, Lee, Mueller, Pearson, Trippler The motion passed. IV. APPROVALOF MINUTES Approval of the planning commission minutes for June 7, 2004. Chairperson Fischer had several clarifications to the minutes. On page 3, in the seventh paragraph, first line, change the word estimates to believes. On paae 7, in the fourth paragraph, second line, delete the word not. On pa.qe 17, in the first paragraph, change the word assist to desist. In the third paragraph, after the words decision is, add the word still. On pa.qe 18, in the fourth paragraph, remove the word planning in the second sentence and change commission to commissions. On pa.qe 22, in the fifth paragraph, in the second sentence, add the word never after he has also. On pa,qe 23, in the second paragraph, it should read: Chairperson Fischer said if the commission had the prerogative to submit two people's names and *~',,,..~ ......... ....,.. ,,,,,,....."'"'~*'~'~ the council te chose one of the two names, that may meet some of the concerns cbc'Jr thc c!t,Jctio,-, th3t is being expressed here. Planning Commission Minutes of 06-21-04 -2- Commissioner Trippler moved to approve the planning commission minutes for June 7, 2004, as amended. Commissioner Pearson seconded. Ayes- Desai, Dierich, Fischer, Grover, Lee, Mueller, Pearson, Trippler Abstention - Bartol V. PUBLIC HEARING None VI. NEW BUSINESS a. Mapletree Town houses (Southlawn Drive) Mr. Roberts said Mr. Jon Brandt is proposing to build nine town houses (in three, 3-unit buildings) and ten additional detached garage spaces in a development called Mapletree Townhomes. It would be on a 1.51-acre site on the west side of Southlawn Drive, south of Beam Avenue. A homeowner's association would own and maintain the common areas. The proposal would have three, 3-unit town house buildings, two detached garage buildings (with a total of 10 parking stalls) and a 20-foot by 40-foot maintenance/community building. Each town house would have a two-car attached garage, a deck and a patio area. There also would be 11 open parking spaces. Commissioner Trippler asked if the second proposed utility plan shown on page 28 of the staff report was the preferred plan by staff? Mr. Roberts said correct. Commissioner Trippler asked if it would be possible to raise the elevation of the property so the buildings would be high enough so a gravity sewer fed line would work? Two out of the three buildings are high enough for a gravity line but the third building is too Iow. Commissioner Trippler asked if enough fill could be brought in to raise the third building? Ms. Erin Laberee, Maplewood Staff Engineer, said that would require structural retaining walls to be built and additional fill and that gets very expensive. However, the developer could better address the issue. Commissioner Dierich asked if there was an impervious surface allotment for medium density as thero is for single family? Mr. Roberts said only if it is in a shoreland district and that this development is not. Commissioner Dierich asked who the owner is of the property behind US Bank? Mr. Roberts said the property west of Mr. Brandt's property is owned by Ramsey County open space and the other part is owned by the city as part of Hazelwood Park. Planning Commission Minutes of 06-21-04 -3- Commissioner Bartol asked if the shoreland district excluded a creek? He did not see Kohlman Creek in any of the drawings in the report. He asked if the creek was supported in the city code for some type of wildlife? Mr. Roberts said a previous planning commissioner previously had much discussion about what the correct definition of a creek or a stream was. The watershed district allowed the creek to be put into a pipe near the new Tillges Medical building because some of it had been disturbed earlier. The city code about protecting creeks and streams only applies to the first 50 feet next to the water site and this is at least 100 to 200 feet away from Kohlman Creek. Commissioner Bartol said he assumed the holding pond and the sump hole would be constructed before any building began. During the construction process there is a lot of dirt and silt that gets washed into the holding pond. His concern is that the pond would be damaged before construction was complete. Mr. Roberts said it's his understanding if there were problems with the pond the developer would be responsible for digging the pond out and making it right. Staff would have to monitor the building and site construction until some type of turf establishment was done. Chairperson Fischer asked the applicant to address the commission. Mr. Jon Brandt, the applicant for Mapletree Townhomes, 2831 Southlawn Drive, Maplewood, addressed the commission. He said he didn't have a formal presentation for the commission but he was available to answer questions. Commissioner Trippler asked if the applicant had checked into raising the elevation of the third building so a gravity fed sewer line could be put in? Mr. Brandt said they had looked into that. The property is about 20 feet below the street and would require an enormous amount of fill. That end of the property would be so high above the surrounding ground and it would require significant engineering of retaining walls to hold the property above the surrounding land. Commissioner Trippler asked if that would cost more than putting in the gravity fed sewer line? Mr. Brandt said it would be about a half an acre of area that would have to be raised. From discussions with consultants he assumes that process would be cost prohibitive and that was ruled out very early in the discussion process. Commissioner Desai asked if the development would be done in phases or would certain buildings just be built in phases? Mr. Brandt said buildings 5 & 6 would be built simultaneously. He said they are hoping for an occupancy permit for Building number 1 this fall. They plan on framing buildings 2 and 3 this fall and hope to complete construction on those two buildings over the winter. Lastly, the garages on lot 4 would be constructed next spring. They are planning on having a layer of asphalt put down for the winter. Commissioner Dierich asked if Mr. Brandt could further discuss the landscape plan? Planning Commission Minutes of 06-21-04 -4- Mr. Brandt said Bachman's designed the landscaping plans shown on pages 30 through 33 in the staff report. The plan is to add more spruce trees to the landscape plan and will replace some of the dogwood trees that were proposed by Bachman's along the driveway and on plan details c and d in the staff report. Commissioner Dierich said she was looking for additional height in the landscaping plan and wondered how screening would take place with the current plan. Mr. Brandt said they would be adding evergreen trees in all the landscaped areas and would be adding more deciduous trees on the plan. He wasn't aware of the tree replacement plan until Mr. Roberts pointed it out to him. Because of this they are more than willing to plant more trees on the property as there are many spots on the property for additional trees. Commissioner Bartol said the fire marshal's comments were somewhat vague. He is concerned about the maneuvering of emergency vehicles and how they would get to certain areas of the property. Mr. Roberts said access to the west of the building doesn't necessarily mean access by emergency vehicle. As long as emergency personnel can get back there by foot, that was the main concern. He said staff would double check with the fire marshal again to ensure there are no issues or concerns regarding proper access. Commissioner Mueller moved to approve the Mapletree Townhomes preliminary plat (received by the city on May 24, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: ao Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of traffic-control, street identification and no-parking signs. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines of each lot and five- foot drainage and utility easements along the side lot lines of each lot. o Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated June 8-14, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: Planning Commission Minutes of 06-21-04 o -5- (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. (3) Show housing pads that reduce the grading where the developer can save large trees. (4) Show the parking lot and driveway grades as allowed by the city engineer. (5) Include the tree plan that: (a) Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (b) Shows no tree removal beyond the approved grading and tree limits. (6) Show drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the runoff from the site and from the surrounding areas. c. The driveway, parking lot and utility plans shall show the: (1) Water service to each lot and unit. (2) Repair of Southlawn Drive (street and boulevard) after the developer connects to the public utilities and builds the private driveways. Paying for costs related to the engineering department's review of the construction plans. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. This shall include an easement for the water main and easements for any other public utilities on the site. The Saint Paul Regional Water Services (SPRWS) shall approve the description and location of the easement for the water main. b. Show drainage and utility easements along property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label the common area as Outlot A. Secure and provide all required easements for the development including any off-site drainage and utility easements. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. Planning Commission Minutes of 06-21-04 -6- 7. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 8. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. Submitting the homeowner's association bylaws and rules to the city for approval by the director of community development. These are to assure that there will be one responsible party for the maintenance of the private utilities, parking areas, driveways, landscaping and common areas. 10. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). Commissioner Pearson seconded. Ayes - Bartol, Desai, Fischer, Grover, Lee, Mueller, Pearson, Trippler Nay- Dierich Commissioner Dierich said the reason she voted nay was because she believed there was too much impervious surface for the size of the site and thought the additional garages should be removed from the plan. The motion passed. This item goes to the city council on July 12, 2004. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. Planning Commission Minutes of 06-21-04 -7- IX. COMMISSION PRESENTATIONS a. Ms. Dierich was the planning commission representative at the June 14, 2004, city council meeting. Ms. Dierich said there were four agenda items to discuss however, two of the items were taken off the agenda by the applicants so they could take further action before bringing the items to the city council. Trout Land development west of Highway 61 and the new County Road D is being reworked because of the decrease in density and that the developer had a specific builder interested in the townhomes and wanted to bring the plan back complete. Heritage Square Second Addition was adding parking to the plan as recommended by the planning commission. The twin homes for Olivia Gardens didn't pass and was tabled because of the lay out of the development. The developer has agreed to a time extension and will bring the item back to the city council on July 12, 2004. The Land Use Plan & Zoning Map Changes for Ron Rygwalski at 2086 Edgerton Street passed ayes all. b. Ms. Fischer will be the planning commission representative at the June 28, 2004, city council meeting. Items to discuss include the Code Amendment for public hearings, Code Amendment for the planning commission chairperson, and the Heritage Square Second Addition, assuming the revised parking plan gets to staff on time. c. Mr. Pearson will be the planning commission representative at the July 12, 2004, city council meeting. Items to discuss include the Mapletree Townhomes on Southlawn Drive, the Cahanes Estates Plat at 2415 Minnehaha Avenue, and the Trout Land Development behind Gulden's and Venburg Tire off the new County Road D and Highway 61. Chairperson Fischer discussed the memo sent by the City Manager's office regarding the invitation to attend the city council meeting on June 28, 2004. Mr. Will Rossbach, 1386 County Road C, Maplewood city councilmember, addressed the commission, regarding the memo. He said the reason he came to the meeting was to make sure the commissioners received the invitation by the city council and to ask if there were any questions. Commissioners said they did not have any questions but stated their comments were relayed in the minutes of June 7, 2004, for the city council to review. X. STAFF PRESENTATIONS a. Annual Tour Mr. Roberts said at the June 7, 2004, planning commission meeting, the commission picked Wednesday, July 28, 2004, as the date of the annual tour. Planning Commission Minutes of 06-21-04 -8- After sending notices to all commissions and city staff regarding this date, several people informed Mr. Roberts that they would not be available on this date. Mr. Roberts said these include at least two council members and at least three department heads. As such, the commission may want to pick another date for the tour. The first week of August on the 4th or 5th also are possible tour dates. After further discussion and checking their calendars, the commissioners agreed Wednesday, August 11th or Thursday, August 12t~, 2004, works best for the commissioners. Xl. ADJOURNMENT The meeting was adjourned at 7:53 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Planner Conditional Use Permit - Commercial Equipment 65 Larpenteur Avenue East July 13, 2004 INTRODUCTION Mr. David Conover is requesting that the city approve a conditional use permit (CUP) for the property at 65 Larpenteur Avenue East. (See maps on pages 7 through 9.) This request is to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. His sons live at this property and want to keep the commercial equipment there as part of their business. (See statement on page 6.) The city code requires city council approval of a conditional use permit to keep a heavy commercial vehicle (more than 1 ton) on a residential property. DISCUSSION The city regulates the keeping of commercial vehicles in residential areas to help insure that residential properties stay residential in use and in character. Keeping dump trucks and other commercial equipment in a residential area could create a disturbance or could change the character of the neighborhood. In this case, however, most of the neighbors support Mr. Conover's request to keep the tracks at this house. In fact, while the bucks have been at this house, staff is not aware of any problem or significant disturbance that they have caused. As long as the owners continue to keep and operate the bucks and equipment in a respectful and peaceful manner, they should not cause any problems. To help insure that the vehicles do not cause a problem, city staff is proposing several conditions of approval, including a review of the CUP in one year. OTHER COMMENTS Lieutenant Kevin Rabbett of the Maplewood Police Department reviewed this proposal and noted that he did not find any public safety concerns. He added that "he anticipates numerous noise complaints regarding the bucks and bobcat being started early in the morning. The letter indicates that the workday USUALLY starts at 7 am. If the CUP is approved, I would suggest that the bucks and equipment could NEVER be started until 7 am and never idled more than 30 minutes. These conditions would be compatible with existing city ordinances." RECOMMENDATION Approve the resolution starting on page 12. This resolution approves a conditional use permit for Mr. David Conover to store or perk up to three heavy commercial vehicles (two trucks and loader) on the property at 65 Larpenteur Avenue East. This permit shall be subject to the following conditions: 1. The owner or operator of the trucks and equipment doing the following: a. Residing on the property. Parking the trucks and equipment in an enclosed structure or on a hard surface driveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing driveway and the house as possible. c. Not parking the trucks or commercial equipment on a public street. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour pedod. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. There shall be no dumping or storage of construction or building materials or supplies on the property. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. The city council shall review this permit in one year. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. CITIZENS' COMMENTS I surveyed the owners of the 72 properties within 500 feet of this site. Of the 16 replies, 11 were for the proposal, four were against and one had comments about the proposal. For Give them the permit. Their trucks are not a problem in any way. They park way back in the comer by the woods and we do not even notice them. (Mattison - 49 Larpenteur Avenue) 2. Fine by me. Let the new businessperson have the permits he needs. Good luck. (Duellman - 1718 Gumey Street) I do not object to this request. The Conover's are good neighbors and the trees will hide the vehicles from Larpenteur Avenue. The permit should limit the request to the three mentioned vehicles. (Muscatello - 1736 Gumey Street) 4. They are great neighbors - we have no issues with their plans. (Swanson - 1683 Abel Street) Knowing the Conover family for 30 plus years, I feel that they would do the proper thing in using the property at 65 Larpenteur Avenue, which he said is for 2 trucks and a bobcat. The best of luck to his son's business. (Hap#ell - 1726 Abel Street) I see no problem in having these people park their trucks at this location, after all, they have to try and the expenses, overhead when starting this business which is respectable, we hope. (Bartoledo - 1677 Abel Street, Saint Paul) 7. We have no objections to this request. (Tostenson - 1670 Abel Street, St. Paul) 8. I have no problem with the Conover's requesting to park or store their equipment on their property! (Ross - 1645 Abel Street, Saint Paul) 9. We have no complaints as long as they keep the noise down and do not tie up traffic on Larpenteur Avenue. (Mickus - 1672 Wanda Street, Saint Paul) 10. I do not see any problem with the owner allowing his sons to park their trucks on the property. There are no houses directly by him - it is vacant land and woods. My opinion is No problem. (Coddon - 1652 Wanda Street, Saint Paul) 11. We agree that there should not be any problem as the house is far enough from the street and away from other houses. There should be no problem with the noise as half the cars around here are a lot louder and the noise from their radios is a lot worse. So, we see no problem in letting them park their two trucks and equipment. (Patraw- 1675 Jackson Street, Saint Paul) 3 Objections I am against this permit because once you start this you will be getting a lot more requests. Let's keep Maplewood residential. A lot of people ddve more than 20 miles for work. I personally think it is a bad idea. (Peiffer- 1704 Gurney Street) 2. I am against this proposal because of the noise and the potential for fumes from the trucks. (Svendsen - 511 Summer Court (owner of a property on Gumey St.)) Zoning has its functions. The land is zoned residential for the benefit of the entire neighborhood. The breakdown of zoning limitations would harm more than the immediate neighbors. I oppose commercial vehicles on residential property. (Stange - 655 Evergreen Circle - Saint Paul) Thank you for the survey. My opinion regarding this decision is no. The reason is that citizens or neighbors are investing their life savings into their homes with the hope of appreciation in value. Once permission is granted for truck parking, the potential of ground deterioration, oil leaks, noise, mechanical and parts will be all over the place and it will not be looking very clean. Property values may go down. (Anonymous) CommentslQuestionslConcems 1. Please see the e-mail from Anne Krech on page 11. 4 REFERENCE SITE DESCRIPTION Site size: 24,829 square feet (0.57 acres) Existing Land Use: single dwelling and garage SURROUNDING LAND USES North: Houses on Abel and Beaumont Streets East: City-owned ponding area South: Houses across Larpenteur Avenue in Saint Paul West: Houses on Abel Street ORDINANCE REQUIREMENT Section 44-102 (1)(a) of the city code allows the city council to approve a conditional use permit to store or keep a heavy commercial vehicle at a residential property, subject to three conditions. CRITERIA FOR CUP 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 on pages 12 and 13.) PLANNING Existing Land Use Plan designation: R-1 (single dwellings) Existing Zoning: R-1 (single dwellings) Application Date The city received all the application materials for this request on June 14, 2004. State law requires the city to take action on this request by August 13, 2004, unless the applicant agrees to a time extension. Attachments: 1. Applicant's Statement 2. Location Map 3. Property Line/Zoning Map 4. Applicant's Site Plan 5. Site Pictures 6. E-mail dated June 25, 2004 from Anne Krech 7. Conditional Use Permit Resolution 5 Attachment 1 Mr. David Conover Sr. 1702 Abel St Maplewood, MN 55117 Mr. Ken Robert. Site Planning City of Maplewood Community Development Department RECEIVED JUN 1 4 2004 Dear Ken Robert. Site Planning, I am requesting a parking permit for equipment to be parked at 65E. Larpenteur. My sons live at this address that my wife and I own. They are starting their own tracking business and need a place to park their two trucks and equipment (flat bed & BobCat) after getting off work. They presently have to travel 20 miles to park their truck, plus it causes extra expense that they do not have in a new business. They will not be blocking any view. We are far enough from the street and other houses not to cause a disturbance with traffic or noise. A car engine heater can be plugged up during the winter months, to cut down on starting time. The workday usually runs between 7 a.m. - 6:30 p.m. When the weather is profitable. My boys are trying to be productive citizens pursing their own business and when their trucks sit it is an expense to them. We would appreciate your consideration in this manner. Sincerely, Mr. David Conover Sr. Enclosure (1) fc APPLICANT'S STATEMENT Attachment 2 S.KIL_kM~NAVE D~WNS AYE - ! WATE~ W~R~ SAINT PAUL WATER FENT©N. AVE 0 KINGSTON AVE BELLWOOD AYE AVE._ ONACR ES?. LOCATION MAP 9 ~ N 1765 R1 175t 1906 SAINT PAUL WATER F 63 , 77 R1 ' 29 3~R1 47 ~ R1 R1 Attachment 3 1795 · .... 1790 1787~ 1784 1779 Rt 1776 ~ ..... 1770 1765 17B2 1759 1754 - ~87 1746 12 R1 1727 1721 1713 KINGSTON AVE 1728 76 'i 1719~ : i J LL; 1716 1717 1740 1703 1715 ~R'I' 709 © 0 Z 1730 1712 1700 -< ! m 1702 z R2 -* , ' 17o6 o3 R2 t755 17091704 ' : :~: 1¢o2 65 R3 . 37 1683 -49 i i 65 33 103 R1 R1 LARPENTEUR AVE SAINT PAUL Attachment 4 APPLICANT'S SITE PLAN Attachment 5 Looking south to the north -were the two sub tracks are parking is were tracks would be park. There would be no problem getting on to larpentuer ave. Looking t~om the north to the south Looking east there is woods, behind were tracks would be parked SITE PICTURES 10 Attachment 6 Ken Roberts From: Sent: To: Subject: Krech, Anne [Anne. Krech@CO.RAMSEY.MN.US] Fdday, June 25, 2004 11:34 AM Ken Roberts Conditional Use Permit (~ 65 Larpenteur Avenue We live at 1715 Beaumont St which is north of the property. We have a few concerns regarding the request and are hoping that some of these concerns will be imposed on the conditions of use. 1. We understand this is zoned residential and we don't have a problem with the 3 vehicles listed to be parking on the property. However, we would hope that as the business expands that the number of vehicles do not. We would like the city to limit the number of commercial vehicles to what was listed by Mr. Conovers letter and per application. 1 dumptruck, 1 commercial vehicle and 1 bobcat). 2. We would hope that this residential zone will not become the principal place of business for commercial operations, but merely an overnight storage area for the 3 vehicles. We would appreciate no other commercial operations allowed on the property, such as no outside storage of inventory, supplies or other commercial materials, no oil changes, radiator flushes or other maintenance or repair of the commercial vehicles. 3. We have an active well on the property that we use and which is not contaminated. The CUP should not allow washing, loading, unloading of trucks or storing or dumping anything on the property or on adjacent properties. 4. We also wish for the parking pad to be located closer to the home and not near the woods (side yard) or the back yard and that they be required to create a parking pad for those vehicles. Thanks you for considering our requests. Anne and Neal Krech ll Attachment 7 CONDITIONAL USE PERMIT RESOLUTION - HEAVY COMMERCIAL VEHICLE AND EQUIPMENT STORAGE AND PARKING WHEREAS, Mr. David Conover is requesting that Maplewood approve a conditional use permit to store and park three heavy commercial vehicles (two trucks and a loader) on the property he owns at 65 Larpenteur Avenue East. WHEREAS, this permit applies to the property at 65 Larpenteur Avenue East. The legal description is: 1. Saint Aubin and Dion's Rice Street Addition, Lots 11-13, Block 13 (PIN 18-29-22-34-0088) and 2. Saint Aubin and Dions's Rice Street Addition, Lots 14 and 15, Block 13 (PIN 18- 29-22-34-0061) WHEREAS, this history of this conditional use permit is as follows: 1. On July 19, 2004, the planning commission recommended that the city council this permit. On August 9, 2004, the city council held a public headng. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the headng a chance to speak and present wdtten statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approves this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 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 mn-off vibration, general unsightliness, electrical interference or other nuisances. o 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. 12 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. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The owner or operator of the trucks and equipment doing the following: a. Residing on the property. Parking the trucks and equipment in an enclosed structure or on a hard surface ddveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing ddveway and the house as possible. c. Not parking the trucks or commercial equipment on a public street. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour pedod. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour pedod. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. 3. There shall be no dumping or storage of construction or building materials or supplies on the property. 4. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. 5. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6. The city council shall review this permit in one year. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. The Maplewood City Council adopted this resolution on