HomeMy WebLinkAbout04-30-07 Item 4H, Planning Case 07-009 Temp Structure at 4358 W Round Lk Rd
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~HILLS
Request for Council Action
Prepared By: James Lehnhoff #"
Dept.: ___q~_~_~_I.:I.~_i_tY._.~.~Y.~.~~E_~"~"~_L____
Council Mtg. Date:~-~2,-Q?
Final Action Needed By: .~f~'2:07'"
Agenda Item:
4.H
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Actual Amount: ---
Funding Source: ... "___"_______________
Approve Planning Case 07-009 for a Temp-orary-Structiire"'Pe"rmTfiif435-S-WfisfR'o"Li"n'dTake'"Ro3cfSasecfo-n"-the""S"li"bniitfecfPlans-as"Am-fi'nde'ct1
by the Four Conditions in the April 30, 2007, Planning Case Report.
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IApprove Planning Case 07-009 for a Temporary Structure Permit at 4358 West Round Lake Road Based on the Submitted Plans as Amended:
Iby the Four Conditions in the April 30,2007, Planning Case Report as recommended by the Planning Commission. .
4-04-07
Approval
i X Memo/Letter:
April 30, 2007, Memo to the City Council
Resolution No.:
!Ordinance No.:
! Engine:~~..~_~...Recommendation:
iAttorney Recommendation:
i X [Other:
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4H-2: Temporary Structure Permit
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None.
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~~HILLS
MEMORANDUM
DATE:
April 30, 2007
CC Agenda Item 4.H
TO:
Mayor & City Council J y-
James Lehnhoff, City Planne~
FROM:
SUBJECT:
Planning Case #: 07-009
Temporary Structure Permit
Transoma Medical, Inc (Vie Fabano and Steve Melin) on behalf of
ABM Institutional Alliance Fund
4358 West Round Lake Road
ReQuest
Approve Planning Case 07-009 for a Temporary Structure Permit at 4358 West Round Lake
Road Based on the Submitted Plans as Amended by the Four Conditions in the April 30, 2007,
Planning Case Report.
Backl!:round
The applicants have requested a Temporary Structure Permit to retain a temporary trailer for six
additional months at 4358 West Round Lake Road. The trailer was originally brought to the site
for construction purposes while the inside of the building was being remodeled (construction
trailers do not require a temporary structure permit but may require a building permit). The
remodeling was completed in January 2006, and the trailer was converted for use as office/work
space at some point after that date.
The trailer is 56 feet long, 11 feet 9 inches wide, and 10 feet 6 inches tall from the ground to the
top of the trailer. The trailer is 658 square feet. The permanent building is U shaped with the
open part of the U facing south. The trailer is currently parked inside the U near the
southwestern side of the building (Attachment 3C-2 ofthe report to the Planning Commission).
The trailer is parked on an existing impervious surface and does not encroach on any setbacks.
The additional six months is needed to give the property owner time to fmd a permanent solution
for the staff and project currently using the trailer. The trailer is not readily visible from West
Round Lake Road and is unlikely to have a negative impact on neighboring properties since the
trailer is temporary.
IlMetro-inet.us\ardenhillsIPlanninglPlanning Cases\2007107-009 Transoma Medical Temp Strncture Permit (PC APPROVAL)\043007 _ CC
Report - Transoma.doc
Page 1 of3
The applicant was initially submitted and processed as a conditional use permit; however, the
City Attorney has since recommended against issuing a conditional use permit. A CUP implies a
permanency that does not exist in this case. The temporary structure permit is in Attachment
4H-2.
Findinl!s of Fact
The Planning Commissions offers the following thirteen findings of fact for consideration:
1. The trailer was brought to the site for construction purposes while the building was being
remodeled. The remodeling work was completed in January 2001.
2. The trailer was converted for use as office/work space for use by the tenants ofthe
permanent building after the remodeling project was finished.
3. The trailer is an accessory use to the primary structure.
4. Since the trailer has been used for non-construction related purposes for at least six
months, a permit is required to retain the structure on the site.
5. The applicants have requested to keep the trailer on the site an additional six months for
use as office/work space, which requires a permit that is reviewed by the Planning
Commission and approved by the City Council.
6. The trailer does not change the impervious surface limit on the property or encroach on
any setbacks.
7. The trailer will not impact traffic conditions or permanently impact parking conditions.
8. The trailer will not produce any noise, glare, odors, vibration, smoke, dust, air pollution,
heat, liquid or solid waste, or other nuisance characteristics.
9. The trailer will not affect drainage.
10. The trailer will not permanently change the population density of the property.
11. It is unlikely that the trailer will permanently negatively impact the character of the
neighborhood; be incompatible with adjacent land uses and structures; or will negatively
impact adjoining land values.
12. The park dedication fee does not apply.
13. The trailer will not inhibit orderly development of the neighborhood.
Recommendation
The Planning Commission reviewed Planning Case 07-009 and unanimously (7-0) recommends
approval of the temporary structure permit as amended by the following four conditions:
1. The applicant shall submit all ofthe required information for a building permit within
seven days of approval to the Building Official. If the temporary structure is unable
to meet the requirements of the Building Code as determined by the Building Official,
the temporary structure shall be removed within seven days of the Building Official's
decision.
2. The temporary structure shall be removed no later than October 30th, 2007.
3. The applicant shall submit a $1000 fmancial surety within two weeks of approval.
The financial surety shall be in a form that is acceptable to the City Attorney. The
IlMetro-inet.uslardenhills\PlanninglPlanning Cases\2007\07-009 Transoma Medical Temp Structure Permit (PC APPROVAL)\043007 - CC
Report - Transoma.doc
Page 2 on
City may use the surety to offset any expenses that may be incurred in removing the
trailer upon expiration of the temporary structure permit. If there is a remaining
balance after the trailer is removed, the excess funds shall be returned to the
applicant.
4. The City Attorney shall draft a temporary structure agreement that shall be subject to
City Council approval. The applicant shall sign the agreement within two weeks of
the approval date.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "... it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
Deadline for Al!encv Actions
The City of Arden Hills received the completed application for this request on March 22, 2007.
Pursuant to Minnesota State Statute, the City must act on this request by May 22, 2007 (60 days),
unless the city provides the petitioner with written reasons for and additional 60 day review
period. The City may, with the consent of the applicant, extend the review period beyond the
initial 120 days.
Attachments
4H-l Draft Plarming Commission Minutes
4H-2 Temporary Structure Permit
4H-3 April 4, 2007, Report to the Planning Commission-
htto:/ /www.ci.arden-hills.mn.us
\\Metro-inet.uslardenhillslPlanningIPlanning Cases\2007\07-009 Transoma Medical Temp Structure Pennit (PC APPROVAL)\043007 - CC
Report - Transoma.doc
Page 3 on
Attachment 4H -1
Draft Planning Commission Minutes
April 30, 2007, City Council Meeting
ARDEN HILLS PLANNING COMMISSION - APRIL 4, 2007
8
C. PLANNING CASE #07-009 - TEMPORARY STRUCTURE PERMIT:
TRANSOMA MEDICAL; 4356 WEST ROUND LAKE ROAD
Mr. Lehnhoff stated applicant was requesting a Temporary Structure Permit to retain a
temporary trailer for six months at 4356 West Round Lake Road for use as work/office
space. Mr. Lehnhoff noted that the Planning Case does refer to this case as a Conditional
Use Permit; however, the City Attorney has since recommended against processing this
application as a Conditional Use Permit. Staff recommended approval of the Conditional
Use Permit subject to the following conditions:
1. The applicant shall submit all of the required information for a building permit
within seven days of approval to the Building Official. If the temporary structure
is unable to meet the requirements of the Building Code as determined by the
Building Official, the temporary structure shall be removed within seven days of
the Building Official's decision.
2. The temporary structure shall be removed no later than October 30, 2007.
3. The applicant shall submit a $1000 financial surety within two weeks of approval.
The fmancial surety shall be in a form that is acceptable to the City Attorney. The
City may use the surety to offset any expenses that may be incurred in removing
the trailer upon expiration of the temporary structure permit. If there is a
remaining balance after the trailer is removed, the excess funds shall be returned
to the applicant.
4. The City Attorney shall draft a temporary structure agreement that shall be subject
to City Council approval. The applicant shall sign the agreement within two
weeks ofthe approval date.
Chair Sand opened the public hearing at 8:31 p.m.
Chair Sand invited anyone for or against the request to come forward and make
comment.
Vic Fabano, applicant VP Operations, introduced himself and noted they were using the
facility to promote growth in the company and they had future expansion plans that they
planned on leasing in the future. He stated they would only use the trailer for six more
months.
Chair Sand closed the public hearing at 8:34 p.m.
Commissioner Holewa moved, seconded by Commissioner to approve Planning Case No.
07-009, for a Temporary Structure Permit at 4358 West Round Lake Road based on the
finding of fact and the submitted plans as amended by the four conditions in Planning
Case 07-009.
The motion carried unanimously (7-0).
Q\t~f~
Attachment 4H -2
Temporary Structure Permit
April 30, 2007, City Council Meeting
CITY OF AROEN HILLS
TRANSOMA MEDICAL
TEMPORARY STRUCTURE PERMIT
CASE NO. 07-009
1.0 Recitals.
A. On the 22nd day of March, 2007, Transoma Medical ("Applicanf) submitted
a compieted application requesting approval of a temporary accessory
building permit (the "Appiication") pursuant to Arden Hills City Code Section
1325.11 Subdivision 2.
B. The temporary accessory structure is located property with a postal address
of 4356 West Round Lake Road, Arden Hills, MN ("Property").
C. On the 4th day of April, 2007, the Arden Hills Planning Commission
reviewed the Application at a pUblic hearing and considered the report of
the Arden Hills Planner, the comments of the Applicant, the comments of
those who spoke at the public hearing and recommended approval of the
temporary accessory structure permit subject to various conditions.
2.0 Approval of Temporary Structure Permit. On the 30th day of April, 2007, the
Arden Hills City Council considered the Application, the report of the Arden Hills
Planner, recommendations of the Arden Hills Planning Commission, and
determined that the proposed temporary accessory structure and the use of the
temporary accessory stnucture for office and project space would not be
detrimental to the health, safety, or welfare of the occupants of adjoining property
or of the community and imposed the following conditions of approval:
A. The Applicant shall submit all of the required information for a building
permit to the Arden Hills Building Official within seven days of approval of
this Temporary Structure Permit. If the temporary structure is unable to
meet the requirements of the Building Code as determined by the Building
Official, the temporary structure shall be removed within seven days of the
Building Official's decision and this temporary structure permit shall be null
and void.
B. The temporary stnucture shall be removed from the Property no later than
October 30th, 2007.
C. In order to secure the removal of the temporary structure in a timely
manner, Applicant, upon approval of this temporary stnucture permit, shall
deposit $1,000 in escrow with the City of Arden Hills. If the temporary
accessory structure is not removed on or before October 30, 2007 the City
is authorized to enter upon the Property to remove the temporary
accessory structure. If the actual cost of removal exceeds the amount in
the escrow account, Applicant shall be responsible for reimbursing the City
for the excess cost incurred within ten business days of receipt of an
invoice from the City. If the amount of the escrow exceeds the actual costs
incurred by the City, the balance shall be refunded to the Applicant.
Applicant shall cooperate in removing its employees and equipment from
the temporary accessory structure and shall pay all storage costs incurred
by the City for such temporary accessory structure.
D. If it becomes necessary for the City to commence legal proceedings in
order to enforce the terms of this Temporary Structure Permit, Applicant
shall reimburse the City for all costs, including reasonable attorneys fees
incurred by the City.
Dated: _day of
,2007
CITY OF ARDEN HILLS
By:
Stanley Harpstead
Its: Mayor
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
On this _ day of , 2007, before me, a Notary Public within and for
said county. personally appeared Stanley Harpstead to me, known to be the Mayor of
the City of Arden Hills, and he executed the foregoing instrument and acknowledged
that he executed the same by authority and on behalf of the City of Arden Hills.
Notary Public
AMB Institutional Alliance Fund
By:
Name:
Title:
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
On this _ day of , 2007, before me, a Notary Public
within and for said county, personally appeared to me know to be the
of , and s/he executed the foregoing instrument and
acknowledged that s/he executed the same by authority and on behalf of AMB
Institutional Alliance Fund.
Notary Public
Transoma Medical hereby agrees to comply with the terms of this
Temporary Accessory Structure Permit.
By:
Its:
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
On this _ day of , 2007, before me, a Notary Public
within and for said county, personally appeared to me know to be the
of , and s/he executed the foregoing instrument and
acknowledged that s/he executed the same by authority and on behalf of Transoma
Medical.
Notary Public
Drafted by:
James Lehnhoff
City Planner
1245 West Highway 96
Arden Hills, MN 55112
\\Melro-inet.us\ardenhills'IPlaftfliflg\Plaflfllflg Cases-2007\07-009Transoma Medical Temp Structure Permit (PC
APPRQVAL)\042307 Temporary Structure Agreernent.doc
Attachment 4H-3
Report to the Planning Commission
Available online at:
huo:/ /www.cLarden-hills.mn.us
April 30, 2007, City Council Meeting