Loading...
HomeMy WebLinkAbout10.D.1. Appeal of Board of Decision, Revocation of Conditional Use Permit for Vehicle Sales for Camauta's Import Autos at 804 1st Avenue East-Res. No. 7221 O.D. CITY OF SHAKOPEE Memorandum CASE NO.: 12 -032 TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Kyle Sobota, Planner I SUBJECT: Appeal of Board of Decision, Revocation of the Conditional Use Permit for Vehicle Sales for Camauta's Import Autos at 804 First Avenue East MEETING DATE: August 8, 2012 REVIEW PERIOD: July 23, 2012 — November 20, 2012 ACTION SOUGHT The Council is asked to adopt Resolution No. 7221, a resolution upholding the Board's adoption of Resolution PC -10 -033, a resolution revoking the Conditional Use Permit for Vehicle Sales at 804 First Avenue East in the Highway Business Zone. This action has no immediate budget impact. INTRODUCTION: On January 7, 2010 the Board approved a Conditional Use Permit request by Jesus Camauta for vehicle sales at 804 First Avenue East. Conditions of approval regarding site improvements and other conditions were to be completed by September 1, 2010 for the Board to review at the October 7 meeting. Staff conducted a site inspection during the month of September and found several conditions of approval that had not been satisfied. On October 7, 2010 the board conducted a review of the Conditional Use Permit (CUP) and after discussion directed the applicant to prepare a timeline for compliance with the conditions and the Board tabled the item to the November 4 meeting. Between the October and November Board meeting, Mr. Camauta procured a Hazardous Waste Generator License from Scott County, but did not provide a plan to comply with the other conditions. Mr. Camauta did not attend the Board meeting. The Board requested that staff prepare the necessary documents to consider the revocation of the CUP for their consideration at the December 9, 2010 meeting. At the December 9 meeting the Board requested that Mr. Camauta provide a plan of action by December 28 for the access closure on Minnesota Street, fuel storage tank removal, impervious surface removal, and tree planting. The Board specifically gave direction to Mr. Camauta to have a signed contract with Pump and Meter Service to remove the fuel tanks during the 2011 construction season, to show his commitment to removal of the tanks. Mr. Camauta provided a letter on December 28 stating that he would comply with the conditions, but did not give completion dates. At the January 6, 2011 meeting the Board asked that Mr. Camauta provide clear deadlines for when the unmet conditions would be met. The plan was to be presented to staff prior to the March meeting. On February 22, Mr. Camauta submitted a letter and site plan outlining his plans for completion of the conditions. To summarize the letter; Mr. Camauta proposed to complete work during the County Road 101 construction and gave deadlines for completion of October 15, 2011 for the removal of 1,200 square feet of impervious surfaces, planting of 5 Black Hills Spruce trees, removal of the northerly access to Minnesota Street, and removal of the underground fuel storage tanks. At the March 3rd Board meeting, the Board's direction was to allow Mr. Camauta additional time to comply with the conditions based on the deadlines submitted by Mr. Camauta in his letter dated February 22. The Board also agreed with Mr. Camauta's request to reduce to the amount of impervious surface to be removed from the site from 3,700 square -feet to 1,200. The deadlines allowed all the work to be completed during County Road 101 construction. After the March 3 2011 meeting Mr. Camauta made aesthetic changes to the building, but had not satisfied any of the specific conditions or deadlines established at the March meeting. The accesses to the site from First Avenue were removed as part of the highway project; but the northerly access to Minnesota Street was not removed as Mr. Camauta desired to remove the access with his own contractor since it was not part of the scope and bid of the County Road 101 project. At the November 3 Board Meeting, the Board again gave Mr. Camauta an extension, this time to July 1, 2012 for review at the July 12 meeting. After the November meeting, Mr. Camauta leased the main office space to Cooper Motors, and used a smaller space on the east side of the building to operate his business. Cooper Motors vacated the site in late May and the main office space is currently advertised as available for lease. In April of 2012, the Police Department received complaints regarding storage of old tires and junk parts outside of the building. The Police Department issued a warning on April 18, with a compliance date of April 25. On June 8th a citation was issued for exterior storage of vehicle parts and old tires (photos are included for reference). At this time none of the remaining conditions appear to be satisfied or appear to be in the process of being worked on. The Police Department has had limited success in reaching Mr. Camauta in regards to the ordinance violations on the site. At the July 12, 2012 Board of Adjustment and Appeals meeting the Board reviewed Mr. Camauta's Conditional Use Permit and found the site to be in violation of the conditions of approval. Neither Mr. Camauta nor a representative of Camauta's Import Auto attended the meeting. The Board voted unanimously to revoke the Conditional Use Permit by a vote of 7 -0. Mr. Camauta appealed the Board's decision and stated in a letter (attached) submitted on July 23 that he intends to have the fuel tanks removed when he returns to the United States in late August. The letter does not state when the northerly access to Minnesota Street would be closed, or when impervious surfaces would be removed and trees planted. ACTION REQUESTED: The Council is asked to adopt Resolution No. 7221, a resolution upholding the Board's adoption of Resolution PC -10 -033, a resolution revoking the Conditional Use Permit for Vehicle Sales at 804 First Avenue East in the Highway Business Zone. � y yle Sobota Planner I RESOLUTION NO. 7221 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA UPHOLDING THE REVOCATION BY THE BOARD OF ADJUSTMENT AND APPEALS OF A CONDITIONAL USE PERMIT FOR A VEHICLE SALES BUSINESS ON PROPERTY LOCATED AT 804 FIRST AVENUE EAST IN THE HIGHWAY BUSINESS (B -1) ZONE WHEREAS, the City of Shakopee received an application from Jesus Camauta, applicant, LakePointe Holdings II, fee owner, and Camauta's Import Auto, Inc., contract for deed vendee, for a Conditional Use Permit to allow vehicle sales under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.36, Subd. 3, to allow for a vehicle repair business on property located at 804 First Avenue East, in the Highway Business (B -1) Zone; and WHEREAS, the property upon which the request was made is legally described as: The North 110 feet of Lots 9 and 10, and the North 110 feet of the West 15 feet of Lot 8, all in Block 10, East Shakopee, Scott County, Minnesota; and WHEREAS, notice was provided and on January 7, 2010 the Board of Adjustment and Appeals conducted public hearings regarding the application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, on January 7, 2010, the Board of Adjustment and Appeals adopted resolution PC 10 -001 approving the CUP application. The approval included the following conditions: 1. All storage tanks above or below ground for fuel and oil must be removed from the site to comply with MN State Fire Code. 2. The two accesses on First Avenue and the northerly access on Minnesota Street must be removed. Right -of -Way permits from Scott County and City of Shakopee will be required. Any damage to existing sidewalks or curbing must be repaired. 9. The applicant must have an acceptable plan to remove at least 3,700 square feet of impervious surfaces. The plan must involve removal of pavement adjacent to lot lines to meet parking area setbacks. 21. All conditions of this resolution are to be met by September 1, 2010. City Staff will inspect the site for compliance during the month of September and draft an inspection report to be reviewed by the Board of Adjustment and Appeals at the October 7, 2010 meeting; and WHEREAS, the Board of Adjustment and Appeals reviewed the matter on October 7, 2010 and directed the applicant to provide a plan for compliance with the conditions of approval. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on November 4, 2010, and the applicant had not completed a plan for compliance for the Board's review. WHEREAS, the Board of Adjustment and Appeals directed City Staff to prepare a resolution to revoke the Conditional Use Permit on November 4, 2010 for review at the December 9, 2010 meeting. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on December 9, 2010, and the Board chose not to revoke the Conditional Use Permit and again requested that the applicant provide a plan with deadlines for compliance with the conditions, as well as a signed contract for removal of the underground fuel storage tanks. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on January 6, 2011, at which time the applicant provided a plan for compliance with the conditions, but did not reveal dates for the intended completion of the items. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on March 3, 2011 and agreed to allow the applicant to move forward with a plan for removal of a reduced amount of impervious surfaces from 3,700 to 1,200 square feet, removal of the underground fuel tanks, and closure of the northerly access to Minnesota Street, with all items to be completed by October 15, 2011. WHEREAS, on November 3, 2011, the Board of Adjustment and Appeals reviewed the matter and agreed to allow the applicant until July 1, 2012 to comply with the conditions of approval. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on July 12, 2012; at which time the applicant and business owner of Camauta's Import Auto Inc. was made aware of the continued violation of the above conditions of approval. The applicant acknowledged the violations; and WHEREAS, on July 12, 2012, the Board of Adjustment and Appeals reviewed the matter and determined that the use was not in compliance with the above 4 conditions of approval contained in Resolution PC 10 -001; and WHEREAS, on July 12, 2012, the Board of Adjustment and Appeals adopted Resolution Number PC10 -033, a resolution revoking the Conditional Use Permit for Vehicle Sales in the Highway Business Zone at 804 First Avenue East; and WHEREAS, on July 23, 2012, the applicant filed a complete application to appealing the Board's decision to the City Council; and WHEREAS, on August 8, 2011, the City Council reviewed the matter and determined that the Board of Adjustment and Appeals was not in error in revoking the Conditional Use Permit NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: The City Council adopts the following findings of fact: Finding #1 The applicant has not complied with Condition no. 1 "All storage tanks above or below ground for fuel and oil must be removed from the site to comply with MN State Fire Code." Finding #2 The applicant has not complied with Condition no. 2 "The two accesses on First Avenue and the northerly access on Minnesota Street must be removed. Right -of -Way permits from Scott County and City of Shakopee will be required. Any damage to existing sidewalks or curbing must be repaired." Finding #3 The applicant has not complied with Condition no. 9 "The applicant must have an acceptable plan to remove at least 3,700 square feet of impervious surfaces. The plan must involve removal of pavement adjacent to lot lines to meet parking area setbacks. The Board later agreed to reduce the required removal amount to 1,200 square -feet. Finding # 4 The applicant has not complied with Condition No. 21 "All conditions of this resolution are to be met by September 1, 2010. City Staff will inspect the site for compliance during the month of September and draft an inspection report to be reviewed by the Board of Adjustment and Appeals at the October 7, 2010 meeting." Finding #5 The Shakopee Board of Adjustment and Appeals did not commit any errors or omissions in its July 12, 2012 revocation of the Conditional Use Permit for Vehicle Sales at 804 First Avenue East. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the revocation by the Board of Adjustment and Appeals of the Conditional Use Permit for a vehicle sales operation at 804 First Avenue East in the Highway Business (B -1) Zoning District issued to Jesus Camauta pursuant to City of Shakopee, Minnesota Resolution No. PC 10 -001, and revoked by Resolution PC -10 -033 is hereby UPHELD. Adopted by the City Council of the City of Shakopee, Minnesota this 8th day of August, 2012. Mayor, City of Shakopee ATTEST: Julie Linnihan, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 C *MAUTA'S IMPORT AUTO, INC. 804E FIRST AVENUE EAST SHAKOPEE, MN 55379 PONE: 952-681-7174 July 23, 2012 Kyle Sobota Planner 1, City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Sobota, First, I want to apologize for delaying the removal of the tanks in my property at 804 First Avenue East in Shakopee. I understand that the city and the Board have been very patient with this matter, but I want to assure you that I will be taking care of this as soon as I get back to Minnesota at the end of August of 2012. I would like to appeal the decision taken by the Board on July 12, 2012. As you know, my family and I have been separated for reasons that are outside of our control. I went to Guatemala to visit them and I had a medical emergency that has prevented me from returning to Minnesota. I have planned to return to Shakopee in the second half of August and my first order of business is to contract the work to remove the tanks. This has already been pre- arranged with a qualified contractor and the work will start as soon as I get back to Minnesota. Once again, I want to apologize for all the delays from my part to resolve this matter, but I hope you can understand our situation. My family (Anna, Daniel, Ricardo and Jesus Jr.) and I will be eternally thankful for this opportunity we are requesting. Respectfully, Jesus Camauta icamauta c(Dyahoo.com 952 - 457 -8880 Eller( A CAMAUTA'S IMPORT AUTO, INC. 804 FIRST AVENUE EAST SHAKOPEE, MN 55379 PHONE: 958 -681 -7174 July 25, 2012 Board of Adjustment and Appeals City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Please provide any additional information that would be helpful for the Board of Adjustment and Appeals or Planning Commission when reviewing this request. First, I want to mention the separation with my wife and children. This has been very troublesome for my family. Not having the ability to see my kids grow is a very difficult situation for me and my family. This has resulted in a lot of stress and health related issues that I have been suffering such as high blood pressure and kidney problems. I had a critical condition when I came to Guatemala to visit my family and the doctors recommended to rest and relax if I wanted to keep living. My intention was to lease the property to another dealer so I can take some of the burden from my shoulders, but Cooper Motors didn't make any payments towards the lease and this resulted in trouble with the financing company which manages the mortgage of my property. I have to incur in extra legal fees to try to resolve this problem and some of the funds that I had allocated for the removal of the tanks were used for this issue. I have every intention to comply with the city ordinances and regulations and it is my desire to remove the tanks so I can run my business and provide for my family. Respectfully, Jesus Camauta jcamauta(c�yahoo.com 952 - 457 -8880 1 CITY OF SHAKOPEE Memorandum CASELOG NO.: NA TO: Board of Adjustment and Appeals FROM: Kyle Sobota, Planner I SUBJECT: Board Consideration for Revocation of the Conditional Use Permit for vehicle sales for Jesus Camauta, located at 804 First Avenue East, Shakopee, in the Highway Business (B -1) Zone. MEETING DATE: July 12, 2012 INTRODUCTION: On January 7, 2010 the Board approved a Conditional Use Permit request by Jesus Camauta for vehicle sales at 804 First Avenue East. Conditions of approval regarding site improvements and other conditions were to be completed by September 1, 2010 for the Board to review at the October 7th meeting. Staff conducted a site inspection during the month of September and found several conditions of approval that had not been satisfied. On October 7, 2010 the board conducted a review of the Conditional Use Permit (CUP) and after discussion directed the applicant to prepare a timeline for compliance with the conditions and the Board tabled the item to the November e meeting. Between the October and November Board meeting, Mr. Camauta had procured a Hazardous Waste Generator License from Scott County, but had not provided a plan to comply with the other conditions. Mr. Camauta did not attend the Board meeting. The Board requested that staff prepare the necessary documents to consider the revocation of the CUP for their consideration at the December 9, 2010 meeting. At the December 9 meeting the Board requested that Mr. Camauta provide a plan of action by December 28 for the access closure on Minnesota Street, fuel storage tank removal, impervious surface removal, and tree planting. The Board specifically gave direction to Mr. Camauta to have a signed contract with Pump and Meter Service to remove the fuel tanks during the 2011 construction season, to show his commitment to removal of the tanks. Mr. Camauta provided a letter on December 28 stating that he would comply with the conditions, but did not give completion dates. At the January 6, 2011 meeting the Board asked that Mr. Camauta provide clear deadlines for when the unmet conditions would be met, the plan was be presented to staff prior to the March meeting. On February 22, Mr. Camauta submitted a letter and site plan outlining his plans for completion of the conditions. To summarize the letter; Mr. Camauta proposed to complete work during the County Road 101 construction and gave deadlines for completion of October 15, 2011 for the removal of 1,200 square feet of impervious surfaces, planting of 5 Black Hills Spruce Trees, removal of the northerly access to Minnesota Street, and removal of the underground fuel storage tanks. �1�� c I At the March 3 Board meeting, the Board's direction was to allow Mr. Camauta additional time to comply with the conditions based on the deadlines submitted by Mr. Camauta in his letter dated February 22. The Board also agreed with Mr. Camauta's request to reduce to the amount of impervious surface to be removed from the site from 3,700 square -feet to 1,200. The deadlines allowed all the work to be completed during County Road 101 construction. The March meeting minutes are attached. After the March 3 2011 meeting Mr. Camauta made aesthetic changes to the building, but had not satisfied any of the specific conditions or deadlines established at the March meeting. The accesses to the site from First Avenue were removed as part of the highway project; but the northerly access to Minnesota Street was not removed as Mr. Camauta desired to remove the access with his own contractor since it was not part of the scope and bid of the County Road 101 project. At the November 3 Board Meeting, the Board again gave Mr. Camauta an extension, this time to July 1, 2012. After the November meeting, Mr. Camauta leased the main office space to Cooper Motors, and used a smaller space on the east side of the building to operate his business. Cooper Motors vacated the site in late May and the main office space is currently advertised as available for lease. In April of 2012, the Police Department received complaints regarding storage of old tires and junk parts outside of the building. The Police Depaitnient issued a warning on April 18, with a compliance date of April 25. On June 8th a citation was issued for exterior storage of vehicle parts and old tires (photos are included for reference). At this time none of the remaining conditions appear to be satisfied or appear to be in the process of being worked on. The Police Department has had limited success in reaching Mr. Camauta in regards to the ordinance violations on the site. For the Board's consideration staff has prepared a resolution that would rescind the Conditional Use Permit, if the Board determines that the business is in violation of the conditions of the approved CUP. ACTION REQUESTED: This information is submitted for the Board's information, as directed. The Board may take action on the resolution prepared by staff that would in effect revoke a vehicle sales operation on these premises. 4.1/ Kyle Sobota Planner I C2 RESOLUTION NO. PC10 -033 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA REVOKING A CONDITIONAL USE PERMIT FOR A VEHICLE SALES BUSINESS ON PROPERTY LOCATED AT 804 FIRST AVENUE EAST IN THE HIGHWAY BUSINESS (B -1) ZONE WHEREAS, the City of Shakopee received an application from Jesus Camauta, applicant, LakePointe Holdings II, fee owner, and Camauta's Import Auto, Inc., contract for deed vendee, for a Conditional Use Permit to allow vehicle sales under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.36, Subd. 3, to allow for a vehicle repair business on property located at 804 First Avenue East, in the Highway Business (B -1) Zone; and WHEREAS, the property upon which the request was made is legally described as: The North 110 feet of Lots 9 and 10, and the North 110 feet of the West 15 feet of Lot 8, all in Block 10, East Shakopee, Scott County, Minnesota; and WHEREAS, notice was provided and on January 7, 2010 the Board of Adjustment and Appeals conducted public hearings regarding the application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, on January 7, 2010, the Board of Adjustment and Appeals adopted resolution PC10 -001 approving the CUP application. The approval included the following conditions: 1. All storage tanks above or below ground for fuel and oil must be removed from the site to comply with MN State Fire Code. 2. The two accesses on First Avenue and the northerly access on Minnesota Street must be removed. Right -of -Way permits from Scott County and City of Shakopee will be required. Any damage to existing sidewalks or curbing must be repaired. 9. The applicant must have an acceptable plan to remove at least 3,700 square feet of impervious surfaces. The plan must involve removal of pavement adjacent to lot lines to meet parking area setbacks. 21. All conditions of this resolution are to be met by September 1, 2010. City Staff will inspect the site for compliance during the month of September and draft an inspection report to be reviewed by the Board of Adjustment and Appeals at the October 7, 2010 meeting; and WHEREAS, the Board of Adjustment and Appeals reviewed the matter on October 7, 2010 and directed the applicant to provide a plan for compliance with the conditions of approval. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on November 4, 2010, and the applicant had not completed a plan for compliance for the Board's review. WHEREAS, the Board of Adjustment and Appeals directed City Staff to prepare a resolution to revoke the Conditional Use Permit on November 4, 2010 for review at the December 9, 2010 meeting. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on December 9, 2010, and the Board chose not to revoke the Conditional Use Permit and again requested that the applicant provide a plan with deadlines for compliance with the conditions, as well as a signed contract for removal of the underground fuel storage tanks. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on January 6, 2011, at which time the applicant provided a plan for compliance with the conditions, but did not reveal dates for the intended completion of the items. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on March 3, 2011 and agreed to allow the applicant to move forward with a plan for removal of a reduced amount of impervious surfaces from 3,700 to 1,200 square feet, removal of the underground fuel tanks, and closure of the northerly access to Minnesota Street, with all items to be completed by October 15, 2011. WHEREAS, on November 3, 2011, the Board of Adjustment and Appeals reviewed the matter and agreed to allow the applicant until July 1, 2012 to comply with the conditions of approval. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on July 12, 2012; at which time the applicant and business owner of Camauta's Import Auto Inc. was made aware of the continued violation of the above conditions of approval. The applicant acknowledged the violations; and WHEREAS, on July 12, 2012, the Board of Adjustment and Appeals reviewed the matter and determined that the use was not in compliance with the above 4 conditions of approval contained in Resolution PC10 -001. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: The Board of Adjustment and Appeals adopts the following findings of fact: Finding #1 The applicant has not complied with Condition no. 1 "All storage tanks above or below ground for fuel and oil must be removed from the site to comply with MN State Fire Code." Finding #2 The applicant has not complied with Condition no. 2 "The two accesses on First Avenue and the northerly access on Minnesota Street must be removed. Right -of -Way permits from Scott County and City of Shakopee will be required. Any damage to existing sidewalks or curbing must be repaired." Finding #3 The applicant has not complied with Condition no. 9 "The applicant must have an acceptable plan to remove at least 3,700 square feet of impervious surfaces. The plan must involve removal of pavement adjacent to lot lines to meet parking area setbacks. The Board later agreed to reduce the required removal amount to 1,200 square -feet. Finding # 4 The applicant has not complied with Condition No. 21 "All conditions of this resolution are to be met by September 1, 2010. City Staff will inspect the site for compliance during the month of September and draft an inspection report to be reviewed by the Board of Adjustment and Appeals at the October 7, 2010 meeting." BE IT FURTHER RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, NIINNESOTA, AS FOLLOWS: That the Conditional Use Permit for a vehicle sales operation at 804 First Avenue East in the Highway Business (B -1) Zoning District issued to Jesus Camauta pursuant to City of Shakopee, Minnesota Resolution No. PC10 -001, is hereby REVOKED. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 12th day of July, 2012. o , Chair of the :oar. of Adjustment and Appeals ATTEST: — Community Development Director PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 C s CERTIFICATION OF RESOLUTION NO. PC10 -033 I, Julie Linnihan, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. PC10 -033, presented to and adopted by the Board of Adjustment and Appeals of the City of Shakopee at a duly authorized meeting thereof held on the 12th day of July, 2012, as shown by minutes of the meeting in my possession. Dated this day of, 20 Julie Linnihan City Clerk S F,AL � C� No vF Mg ER 1011 PliErriAib t t' • J1F *5. APPROVAL OF THE MINUTES OF THE OCTOBER 6, 2011 MEETING. 6. CUP REVIEW AND RESOLUTION NO. PC10 -033: A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA REVOKING A CONDITIONAL USE PERMIT FOR A VEHICLE SALES BUSINESS ON PROPERTY LOCATED AT 804 FIRST AVENUE EAST IN THE HIGHWAY BUSINESS (B-1) ZONE. Vice -Chair Klemm opened the agenda item for the staff report. Mr. Sobota addressed the Board and presented Resolution No. PC10 -033. Mr. Sobota stated that on January 7, 2010 the Board approved a Conditional Use Permit request by Jesus Camauta for vehicle sales at 804 First Avenue East. Conditions of approval regarding site improvements and other conditions were to be completed by September 1, 2010 for the Board to review at the October 7 meeting. Staff conducted a site inspection during the month of September and found several conditions of approval that had not been satisfied. On October 7, 2010 the Board conducted a review of the Conditional Use Permit (CUP) and after discussion directed the applicant to prepare a timeline for compliance with the conditions and the Board tabled the item to the November 4 meeting. Between the October and November Board meeting, Mr. Camauta had procured a Hazardous Waste Generator License from Scott County, but had not provided a plan to comply with the other conditions. Mr. Camauta did not attend the Board meeting. The Board requested that staff prepare the necessary documents to consider the revocation of the CUP for their consideration at the December 9, 2010 meeting. At the December 9 meeting the Board requested that Mr. Camauta provide a plan of action by December 28 for the access closure on Minnesota Street, fuel storage tank removal, impervious surface removal, and tree planting. The Board specifically gave direction to Mr. Camauta to have a signed contract with Pump and Meter Service to remove the fuel tanks during the 2011 construction season, to show his commitment to removal of the tanks. Mr. Camauta provided a letter on December 28 stating that he would comply with the conditions, but did not give completion dates. At the January 6, 2011 meeting the Board asked that Mr. Camauta provide clear deadlines for when the unmet conditions would be met, the plan was be presented to staff prior to the March meeting. On February 22, Mr. Camauta submitted a letter and site plan outlining his plans for completion of the conditions. To summarize the letter; Mr. Camauta proposed to complete work during the County Road 101 construction and gave deadlines for completion of October 15, 2011 for the removal of 1,200 square feet of impervious surfaces, planting of 5 Black Hills 2 fr aI Spruce Trees, removal of the northerly access to Minnesota Street, and removal of the underground fuel storage tanks. At the March 3' Board meeting, the Board's direction was to allow Mr. Camauta additional time to comply with the conditions based on the deadlines submitted by Mr. Camauta in his letter dated February 22. The Board also agreed with Mr. Camauta's request to reduce to the amount of impervious surface to be removed from the site from 3,700 square -feet to 1,200. The deadlines allowed all the work to be completed during County Road 101 construction. Since the March meeting, the work on County Road 101 has been completed and the road is now open. Mr. Camauta has made aesthetic changes to the building, but has not satisfied any of the specific conditions or deadlines established at the March meeting. The accesses to the site from First Avenue were removed as part of the highway project; but the northerly access to Minnesota Street was not removed as Mr. Camauta desired to remove the access with his own contractor since it was not part of the scope and bid of the County Road 101 project. For the Board's consideration staff has prepared a resolution that would rescind the Conditional Use Permit, if the Board determines that the business is in violation of the conditions of the approved CUP. RESOLUTION NO. PC10 -033 WHEREAS, the City of Shakopee received an application from Jesus Camauta, applicant, LakePointe Holdings II, fee owner, and Camauta's Import Auto, Inc., contract for deed vendee, for a Conditional Use Permit to allow vehicle sales under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.36, Subd. 3, to allow for a vehicle repair business on property located at 804 First Avenue East, in the Highway Business (B -1) Zone; and WHEREAS, the property upon which the request was made is legally described as: The North 110 feet of Lots 9 and 10, and the North 110 feet of the West 15 feet of Lot 8, all in Block 10, East Shakopee, Scott County, Minnesota; and WHEREAS, notice was provided and on January 7, 2010 the Board of Adjustment and Appeals conducted public hearings regarding the application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, on January 7, 2010, the Board of Adjustment and Appeals adopted resolution PC10 -001 approving the CUP application. The approval included the following conditions: 3 Ey Dz 1. All storage tanks above or below ground for fuel and oil must be removed from the site to comply with MN State Fire Code. 2. The two accesses on First Avenue and the northerly access on Minnesota Street must be removed. Right -of -Way permits from Scott County and City of Shakopee will be required. Any damage to existing sidewalks or curbing must be repaired. 9. The applicant must have an acceptable plan to remove at least 3,700 square feet of impervious surfaces. The plan must involve removal of pavement adjacent to lot lines to meet parking area setbacks. 21. All conditions of this resolution are to be met by September 1, 2010. City Staff will inspect the site for compliance during the month of September and draft an inspection report to be reviewed by the Board of Adjustment and Appeals at the October 7, 2010 meeting; and WHEREAS, the Board of Adjustment and Appeals reviewed the matter on October 7, 2010 and directed the applicant to provide a plan for compliance with the conditions of approval. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on November 4, 2010, and the applicant had not completed a plan for compliance for the Board's review. WHEREAS, the Board of Adjustment and Appeals directed City Staff to prepare a resolution to revoke the Conditional Use Permit on November 4, 2010 for review at the December 9, 2010 meeting. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on December 9, 2010, and the Board chose not to revoke the Conditional Use Permit and again requested that the applicant provide a plan with deadlines for compliance with the conditions, as well as a signed contract for removal of the underground fuel storage tanks. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on January 6, 2011, at which time the applicant provided a plan for compliance with the conditions, but did not reveal dates for the intended completion of the items. WHEREAS, the Board of Adjustment and Appeals reviewed the matter on March 3, 2011 and agreed to allow the applicant to move forward with a plan for removal of a reduced amount of impervious surfaces from 3,700 to 1,200 square feet, removal of the underground fuel tanks, and closure of the northerly access to Minnesota Street, with all items to be completed by October 15, 2011. 4 �x 1)3 WHEREAS, the Board of Adjustment and Appeals reviewed the matter on November 3, 2011; at which time the applicant and business owner of Camauta's Import Auto Inc. was made aware of the continued violation of the above conditions of approval. The applicant acknowledged the violations; and WHEREAS, on November 3, 2011, the Board of Adjustment and Appeals reviewed the matter and determined that the use was not in compliance with the above 4 conditions of approval contained in Resolution PC10 -001. The Board of Adjustment and Appeals adopts the following findings of fact: Finding #1 The applicant has not complied with Condition no. 1 "All storage tanks above or below ground for fuel and oil must be removed from the site to comply with MN State Fire Code. " Finding #2 The applicant has not complied with Condition no. 2 "The two accesses on First Avenue and the northerly access on Minnesota Street must be removed. Right -of -Way permits from Scott County and City of Shakopee will be required. Any damage to existing sidewalks or curbing must be repaired. " Finding #3 The applicant has not complied with Condition no. 9 "The applicant must have an acceptable plan to remove at least 3,700 square feet of impervious surfaces. The plan must involve removal of pavement adjacent to lot lines to meet parking area setbacks. The Board later agreed to reduce the required removal amount to 1,200 square feet. Finding # 4 The applicant has not complied with Condition No. 21 "All conditions of this resolution are to be met by September 1, 2010. City Staff will inspect the site for compliance during the month of September and draft an inspection report to be reviewed by the Board of Adjustment and Appeals at the October 7, 2010 meeting." Mr. Sobota opened the discussion to the Board. Discussion ensued as to the reapplication process if the CUP was revoked. Mr. Sobota stated that the applicant has 10 days to appeal once the CUP is revoked and after that there is no additional waiting period. The Board inquired if the City would notify State authorities that the CUP was revoked and if that would affect his vehicle sales license. Mr. Sobota stated that the city staff would notify the State and he stated that his license would be affected. Vice -Chair Klemm inquired about the general timeline for satisfaction of any CUP conditions and if this is a typical amount of time. Mr. Sobota and Mr. Leek responded that the usual timeline for meeting conditions of a CUP is within a year and/or prior to the commencement of the business. 5 Ex Dy The Board inquired if there was an alternative to revoking the CUP, such as suspending operation of the business until the conditions were met. Mr. Leek responded the Board could either modify the conditions of the CUP or impose additional conditions. The Board invited the applicant Jesus Camauta to address the Board. Mr. Camauta stated that he didn't understand the impact of the Hwy. 101 construction would have on his business. The construction left him with limited to no access to his business and it literally eliminated all business for a couple of months. He attempted to advertise to no avail, since patrons could not access his business. The financial impact was devastating. He had to sell cars wholesale out of state to pay the bills. He is currently looking at options of refinancing or leasing the location in order to make some money. He stated that he would like to keep the property and was looking at all options. He would like to refinance however, that would require an extension of the conditions. Mr. Camauta stated that he has no money to satisfy the conditions at this time, but is willing to complete them once his finances are in order. The Board discussed the importance of one of the conditions, the removal of the gas tanks on the property. Information was presented that the removal of the tanks would take approximately 2 days, however there was a limited window of opportunity left since the removal would need to take place prior to the winter months. In addition, once the tanks were removed, they were to be replaced with asphalt, which would not be able to be laid during the winter months. Mr. Camauta stated that he would not be able to complete the items until late spring or summer, since the winter is the slowest season for car sales. Chair Gorton inquired if the applicant could lease the location if they revoked the CUP. Mr. Sobota stated that he could but could not lease to another car sales business. Motion: Gorton moved to recommend a 7 -month extension of the CUP and revisit the item at the May meeting to review full compliance. The motion failed, there was no second to the motion. Motion: Magin/McQuillan moved to extend the CUP until the next meeting in November with the condition that the tanks be removed at that time. Discussion ensued. Chair Gorton stated that the most serious condition was the removal of the tanks. It was also the most expensive. She reported that the applicant was most likely not going to be able to remove the tanks financially, in addition it was questionable that he would be able to remove the tanks due to the impending winter. 6 Ex 4 S The Board discussed their concerns regarding extending the CUP, however they also understood that this was someone's livelihood at stake. They agreed that they had no problem extending the CUP due to financial hardship but they also felt that it was important that the applicant be aware of the final deadline date and that there would be no more extensions. Magin rescinded his motion. Motion: Magin/Gorton moved to extend the CUP until July 1 2012, at which time all the conditions must be completed. Vote: Motion was carried 6 -0. The Board advised the applicant to seek legal assistance if he was to lease the building, in that all businesses on the property must follow the CUP. 7. OTHER BUSINESS: No other business was noted. 8. ADJOURN: Motion: Magin/Gorton moved to adjourn the meeting. Vote: Motion carried 6 -0. Meeting adjourned at 7:48 p.m. Amy Hulet Recording Secretary 7 fr D% n - '+` `3 p W'> .4 v ,ti ^k. "°s c} d` ri ,. .� ,. . ; -.. i' I 1 yl I . • • • • • a .- • 2 v ' • i i L r r --�`— - ' ' _..—..--- ....413t, ;.,-.,,,,,:, 4 '' 1 ' ' 1- — 41 1-.' r 1,1 - r .',- ',. ___ . i l y , s } ` > �1 F -1NI 3 ((I�tl 714 r - . t i ' -' 1 p�; ..7 �m f = ' gg g�P b08 3 °f g� in 4 . x : - t t , { S x 1 ` i •' ur rc x wxsl = ' 39 11VIil! 31h � ��1r I f. �x + " r� _ s w r 6 89.156: 4 , .. ' <# � � ' - ,,. Fl r 7' 14 ,.r 4�?-- k b T , B. M ? • . • _,._ -� a __, �� •�� ,.vr ; . - yZ iY B. ,F ,� . ... 4!''''';24'.1. : iI .� ti J J i fiy + • � `' [J i - .. - 1 g x�c i _ d_ _ ` ..tes t � �.... f 1 ,I __ a. � : - r- r � � ,._,.� '� i 1 ,1i1�P r 7:j,,,_ :r,.,•siw I 1 • y 'z,az_":...= --- M ' L — •c' -- - , *' - _ f I I 1 i'C yx - 3 " Y Pf.-�, w ., .. ,. � b r -� 1 � ' I ,fib ! ,�`6 ,�<....�. .. _ f : -` Y '., , "� ^ —.. -P �. - .r,, I - f + I ;1 LL j { , • , z.. ` ,�, r> e... "' r", ... � � J 1 .. ' ' +li,, 1 rri,3 1::,----'......; � (. , r j . ..--":.r..- �+ "d l L �J �l d ff4_ a s * r P -- °_ �- � '_ , '" C. s is � ' r . — :: � t •Li _ _ l : .:-. s u • � ' C "h , � .r 4 t E 1 -,-11. i I 1 ter_, tea .. � . Imi� I ��� + � q ,' 4 .- ,•ky... 1 11� k; a s,1 s ,.G: - 4E' a5a " 1 1.- tl f o f iT£' USn , �� ` :,..„\. \ \ \ \\s, \ '. - . . : 7 - ' . ,,,,.,,,s..„...7.:1, . * \\\\ ' ‘,, \ V, N ''''...,..r.,70,,,,