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2002-12-04 CC Findings of Fact & Decision~ ~~ 12-04-02 CITY OF ALBERTVILLE City Council Findings of Fact & Decision (Approval) PUD Amendment Applicant's Name: MARK DALEIDEN. PARADE CAR RENTALS Owner's Name: Don Barthel, Don's Bus Garage Request: The applicant has submitted a request for a PUD amendment to allow a car rental use on a portion of the bus garage site at 6000 LaBeaux Avenue NE (County Road 19). Four buildings exist on the site. The car rental business would occupy office space in the building closest to County Road 19. A PUD for the property was approved in 1997. The underlying zoning is B-3, Highway Commercial District. Planning Commission Public Hearing Date: November 12th, 2002. City Council Meeting Date: December 2"d, 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is Lot 1, Block 1, Barthel Commercial Park. 2. The Planning Report dated November 7, 2002, prepared by NAC is incorporated herein. 3. The Planning Commission Recommendation for the application is incorporated herein. 4. Car rental is permitted in the B-3 District because it is a motor vehicle use. 5. The PUD agreement specifies that the property be used exclusively for the operation of a bus garage. Any change in use requires a PUD amendment. 6. The NAC Planning Report dated July 29, 1997, stated that the site plan showed 65 spaces, which met Zoning Ordinance parking requirements through the provision of 18 spaces for office use, 22 spaces for warehouse use, and 25 employee spaces. 1 Don's Bus Garage/Parade Car Rentals Findings of Fact & Decision s 7. The applicant and owner have demonstrated that Don's Bus Garage will have adequate parking if the car rental use occupies 12 parking spaces. 8. A change in use of the property provides an opportunity for the City to examine non-conformities with the site and require improvements that bring the property into closer conformance with Zoning Ordinance standards. Decision: Based on the foregoing considerations and applicable .ordinances, a PUD amendment to allow a car rental use on the bus garage property is approved based on the most current plans and information received to date, subject to the following conditions: 1. The City Attorney shall amend the Don's Bus Garage CUP/PUD Agreement to allow a car rental use on the property subject to conditions of approval. 2. City Staff shall verify that all the conditions of the original CUP/PUD Agreement have been met before a car rental use is allowed on the property. 3. The car rental use is limited to no more than 12 parking stalls. 4. Parking for the entire site must be striped to indicate a minimum of 65 parking stalls. Adopted by the Albertville City Council this 2"d day of December 2002. City of AI ertville By: Scott Wallace, Mayor Attest: By: Linda Goeb, City Administrator 2 Don's Bus Garage/Parade Car Rentals Findings of Fact & Decision r Phyllis A, Kirscht Richard & Deborah Olson Paul W. Kirscht 10880 70th Street NE 7071 LaBeaux Avenue NE 7101 LaBeaux Avenue NE Albertville, MN 55301-9723 Albertville, MN 55301 Albertville, MN 55301 Raymond & Nancy Slavik Wilfred J. Duerr Gerald & J.A. Kurtti 7054 LaBeaux Avenue NE 11230 70th Street NE 11528 70th Street NE Albertville, MN 55301 Albertville, MN 55301 Albertville, MN 55301 Crow River Investments, Inc. Contractor Property Developers Towne Lake Traditional Homes 14510 45th Street NE 7100 Northland Circle, Suite 108 Homeowner Association Rogers, MN 55374 Minneapolis, MN 55428 7100 Northland Circle, Suite 108 Brooklyn Park, MN 55428 DLJ Homes, Inc. Windwood Company, Inc. Hillary & Paul Gonsior 2213 Great Oaks Drive 14311 Ewing Avenue South 6508 West Laketowne Drive NE Burnsville, MN 55337 Burnsville, MN 55306 Albertville, MN 55301 Robert & Janice Bros Mark & Linda Petty Mega Homes, Inc. 11700 Laketowne View 11686 Laketowne View 13601 Balsam Lane Albertville, MN 55301 Albertville, MN 55301 Dayton, MN 55327 Classic Custom Homes, Inc. Classic Custom Homes, Inc. Bernard & Donita Sieg 10801 Hackberry Lane 6750 Stillwater Blvd. North 8 - 6th Avenue NE Champlin, MN 55316 Stillwater, MN 550082 Osseo, MN 55369 Contract Purchasers Omann Brothers Properties 5 Heirs L.L.C. Outlets at Albertville 6551 LaBeaux Avenue 13521 80th Circle North 107 Sinclair Drive p.O. Box 120 Maple Grove, MN 55369 Muskegan, MI 49441 Albertville, MN 55301 Russell & Donna Voght Randal & Sandra Stangler R J & S Investments of Albertville 13949 91St Street NE 14285 Jodi's Drive LLLP, Ri ~ C. Fay Partner Elk River, MN 55330 Rogers, MN 55374 10795 70 Street NE Albertville, MN 55301 State of Minnesota City of Albertville Chelsea Property Group Room 509 PO Box 9 John R. Klein Transportation Bldg Albertville, MN 55301 103 Eisenhower Parkway St. Paul, MN 55155 .Roseland, NJ 07068