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HomeMy WebLinkAbout2022-019 CCR Member Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-19 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2022-001 SUBMITTED BY DEREK HALUPTZOK (A-ABCO AUTO PARTS INC) FOR ISSUANCE OF A SPECIAL USE PERMIT FOR THE RETAIL SALE OF NEW AND USED AUTO PARTS WAREHOUSED INDOORS AT THE PROPERTY LOCATED AT 2400 FREEWAY BOULEVARD WHEREAS, on May 20, 1974 the City Council of the City of Brooklyn Center, Minnesota approved Planning Commission Application No. 74022 for approval of a site and building plan for an approximately 50,000-square foot major appliance retail sales warehouse facility and issuance of a special use permit to allow for a commercial retail establishment in the I-1 (Industrial Park) District; and WHEREAS, on October 18, 1976 the City Council of the City of Brooklyn Center, Minnesota approved Planning Commission Application No. 76055 for issuance of a special use permit for retail sales in the I-1 District in what was now the former Kennedy & Cohen building by Applicant J.Y.J. Corporation(Don Yablonsky); and WHEREAS, on June 6, 1977 the City Council of the City of Brooklyn Center, Minnesota approved Planning Commission Application No. 77019 for issuance of a special use permit to allow for certain retailing and educational uses in the I-1 District by current Property Owner Schmitt Music; and WHEREAS, Planning Commission Application No. 77019 outlined a number of deficiencies with regard to the approved site improvements outlined under Planning Commission Application No. 74022 that were to be rectified as a condition of approval of Application No. 77019, including, but not limited to the approved landscape plan, maintenance of the underground irrigation system, and site lighting; and WHEREAS, Applicant Derek Haluptzok of A-Abco Auto Parts ("the Applicant") contacted the City of Brooklyn Center in November 2021 and indicated an interest in opening a new Abco Auto Parts location in Brooklyn Center within the Schmitt Music building located at 2400 Freeway Boulevard ("the Subject Property"), which is currently for sale; and WHEREAS, following a review of the business operation for Abco Auto Parts, it was determined that the Applicant would need to obtain a special use permit for the retail sale of new and used auto parts warehoused indoors, as outlined under Sections 35-220 (Special Use Permits) and Section 35-330.3 (II Industrial Park) of the City Code of Ordinances for the "retail sales of products manufactured, processed, warehoused, or wholesaled on the use site;" and WHEREAS, all proposed improvements are limited to the interior of the existing, approximately 50,614-square foot building, with the exception of any on-going maintenance of RESOLUTION NO. 2022-19 the building and site to maintain compliance with the originally approved plans and the updating of signage, and per the Applicant, there are no plans now or in the future for outside storage; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on January 13, 2022, whereby a planning staff report was presented and public testimony regarding the special use permit request were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the special use permit and use determination requests in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 (Special Use Permits) and Section 35-330.3.c of the City's Zoning Code, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan, which identifies the Subject Property with a future land use designation of"Commercial" and allows for a mix of uses including but not limited to "auto sales," and"other small retail uses," and WHEREAS, in light of all testimony received, the Planning Commission of the City of Brooklyn Center, Minnesota did determine that Planning Commission Application No. 2022-001, submitted by Derek Haluptzok (A-Abco Auto Parts Inc), may be granted after demonstration by evidence that all of the following standards are met as outlined under 35-220.2 (Special Use Permits): a. The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort; b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; d. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets; and e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2022-001 submitted by Derek Haluptzok of A-Abco Auto Parts Inc for the issuance of a special use permit for the retail sale of new and used auto parts warehoused within the approximately 50,614-square foot building located at 2400 Freeway Boulevard, may be approved subject to the following conditions: 1. Any major changes or modifications made to the Subject Property can only be RESOLUTION NO. 2022-19 made either through the City's Building Permit process or through formal Site and Building Plan approval by the City. The Applicant shall provide plans for any remodeling and submit building permit applications for any work to be conducted to the building, or proposed new signage. a. The Applicant/Property Owner shall meet with the Building Official and Fire Inspector prior to occupancy of the building to discuss any changes to use or classification of the building, including but not limited to fire suppression systems, storage racking, hazardous materials and liquids storage, etc. b. The Applicant/Property Owner shall ensure compliance with the approved plan set, including replacement and/or repair of any missing plantings as identified under the approved landscape plan, site irrigation, and site lighting, etc. 2. The special use permit is for the retail sales and warehousing of auto parts and is subject to all applicable building codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. a. No outside storage of parts or products is permitted on the Subject Property. b. No parting out of vehicles or storage of vehicles is to occur on-site or within the building. c. No hazardous materials are to be stored on-site, other than those typically found at retail auto parts stores. January 24, 2022 /f►'- Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Graves and upon vote being taken thereon, the following voted in favor thereof: Butler, Graves, Lawrence-Anderson, Ryan and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted.