5.1. SR 07-06-2004Item# 5.1,
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
H
Scott Harlicker, Senior Planne~"
July 6, 2004
CU 04-12
Request by Northern Auto Services for Conditional Use Permit
for Auto Sales
Request
Northern Auto Services is requesting a Conditional Use Permit to allow the sale of
automobiles.
Location
522 Dodge Avenue
Zonin.q/Land Use
C3 (Highway Commercial) / NB Highway Business)
Attachments
· Resolution No. 04-
· Staff report from June 21st
· Original Plan
· Revised Site Plan
Overview
The Council considered this application at the May 17~ and June 21st meetings. At the
meeting held on May 17t~, there was discussion about the exact location of the right-of-way
Memo to Mayor and City Council/CU 04-12
June 21, 2004
Page 2
for Dodge Street. In researching that issue, it was found that the right-of-way is 10 feet
closer to the building than shown on the site plan. At the June 21 st meeting, the Council was
provided a revised site plan that included changes to reflect the correct location of the right-
of-way. The revised plan had five display pads instead of seven, and the existing landscaped
areas remained. The pads were located behind the existing landscape areas, setback about 20
feet from the right-of-way for Dodge Street. There were also landscaped areas in front of
each of the pads. Additional landscaping was also proposed around the building.
At the June 21st meeting Council directed staff to draft findings for denial of Northern Auto
Services request for a conditional use permit to allow the display and sale of 5 vehicles.
Attached is a resolution denying their request.
S:\PLANNING\Case Files\2004\CU 04-12 Northern Auto\CU04-12CC7-6.doc
RESOLUTION NO. 04-
CITY OF ELK RIVER
A RESOLUTION DENYING CONDITIONAL USE PERMIT REQUEST FOR:
NORTHERN AUTO
Case No. CU 04-12
WHEREAS, application has been made for by Northern Auto for a conditional use
permit for auto sales, pursuant to Section 30-651 of the Elk River City Code of Ordinances;
and
WHEREAS, the application for conditional use permit has been referred to the
Planning Commission which has given its advice and recommendation to the City Council;
and
WHEREAS, the on April 27, 2004 the Planning Commission recommendation was
to approve the conditional use permit request; and
WHEREAS, on May 17, 2004 the City Council received public comment, considered
the request and tabled the request pending clarification of certain issues; and
WHEREAS, on June 21, 2004 the City Council gave further consideration to the
proposed conditional use permit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, that Northern Auto's request for a conditional use permit for auto
sales is denied based on the following findings:
1. It is hereby determined by the City Council for the City of Elk River as follows:
A0
Bo
The proposed conditional use permit would adversely affect essential public
facilities. Dodge Street is a narrow, busy street and allowing auto sales as
proposed would encourage drivers to stop and park on Dodge Street to view
the vehicles on display. This would create traffic congestion and interfere
with the orderly flow of traffic.
By encouraging drivers to park on Dodge Street and look at the vehicles on
display, the proposed use will detrimentally affect the safety of other drivers
traveling on Dodge Street.
The foregoing resolution was introduced by Council Member
duly seconded by Council Member
The following voted in favor of the Resolution.
The following voted against the Resolution:
and
The following were absent:
WHEREUPON the resolution is adopted.
Passed and adopted this 6th day of july, 2004.
Stephanie Klmzing, Mayor
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CERTIFICATE
I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River,
Minnesota, hereby certify that the above resolution is a true and correct copy of the
resolution as adopted by the City Council of the City of Elk River on .,
2004.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
__ day of ,2004.
Joan Schmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day
., 2004, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
of
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this day of
., 2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota.
Notary Public
TO:
FROM:
DATE:
SUBJECT:
Item #
MEMORANDUM
Mayor and City Council
Scott Harlicker, Senior Planner
June 21, 2004
CU 04-12
Request by Northern Auto Services for Conditional Use Permit
for Auto Sales
Request
Northern Auto Services is requesting a Conditional Use Permit to allow the sale of
automobiles.
Location
522 Dodge Avenue
Zonin.q/Land Use
C5 (Highway Commercial) / HB Highway Business)
Attachments
* Location Map
· Revised Site Plan
· Site Plan included in May 17th packet
Overview
The Council considered this application at the May 17th meeting. At that meeting there was
discussion about the exact location of the right-of-way for Dodge Street. In researching that
Memo to Mayor and City Council/CU 04-12
June 21, 2004
Page 2
issue, it was found that the right-of-way is 10 feet closer to the building than shown on the
site plan. That applicant has revised their site plan accordingly. The revised plan has five
display pads instead of seven. The existing landscaped areas will remain. The pads will be
located behind the existing landscape areas, setback about 20 feet from the right-of-way for
Dodge Street. There are also landscaped areas in front of each of the pads. Additional
landscaping is also proposed around the building
Recommendation
The Planning Commission and staff recommend that the City Council approve this request
with the following conditions:
1. The number of cars for sale on this site shall be limited to 5. Vehicles shall be street
operable and in aesthetically pleasing condition.
2. No direct access from the pad to a public street is allowed.
3. Comply with State of Minnesota licensing requirements.
4. The pads shall be setback a minimum of 20 feet from the property lines.
5. Bumpers shall be installed at the front of the pads.
6. The front of the pads shall be landscaped.
7. The area behind the pads that will be used for access shall be surfaced with a material
that provides a stable driving surface and allows grass to grow.
Any landscaping that will be removed shall be replaced somewhere on site. Should
any of the evergreen trees south of the building be removed, they shall also be
replaced.
S:\PLANNING\Case Files\2004\CU 04-12 Northern Auto\CU04-12CC6-21.doc
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