5.7. SR 02-22-2005
Item #5.7.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris leeseberg, Planner ~
DATE: February 22, 2005
SUBJECT: Case No. CU 04-42
Request by William Matthews for a Conditional Use Permit to
Operate an Auto Sales Business
Request
The applicant is requesting a Conditional Use Permit to operate an auto sales business.
location
950 Highway 10
Zoningl land Use
C3 (Highway Commercial) / aT (Old Town)
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by February 26, 2005.
Attachments
. Location Map
. Applicant's Narrative
. Site Sketch
City Council / CD 04-42
February 22, 2005
Page 2
Overview
The applicant will be utilizing the property as a retail meeting place to sell autos to pre-
existing and new customers. Sales will specialize in late model, low mile, used cars and
classic cars of the 50's through the 70's.
Analysis
Although there will be limited late model used vehicles on site, the applicant will draw the
majority of his customers to the business from newspaper advertising and a fully furnished
Internet web page. The types of cars being sold are not ideally suited for outside display due
to their value and rarity. Therefore they will be stored in an off site indoor storage facility
and transported to the lot by appointment only.
The vehicles will be delivered to the site under their own power and will not be brought in
on a tractor trailer semi. There are two access points off of Highway 10 to the property.
As there will be limited late model used vehicles on site, the display area will not exceed
more than ten vehicles at one time. The display area for the vehicles will be along the west
edge of the property and will be clearly designated with small posts with signs afftxed to
them at the outer boundaries. This display area will need to maintain a 10-foot setback from
all property lines.
The number of employees will be one, the applicant.
The hours of operation will be 9 a.m. to 5 p.m. Monday through Friday by appointment and
Saturdays and weekday evenings by appointment only.
Signage will be place on the suite office door.
Standards for Issuance of a Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed
location:
,. Will not endanger, it!/ure or detrimentallY cif.fect the use and et!/qyment if other proper!J in the
immediate vicinity or the public health, scifety, morals, comfort, convenience or general weifare if the
neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement if surrounding vacant
proper!J.
4. Will be served adequatelY ry and will not adverselY cif.fect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer !)Istems, parks
and schools; and will not, in particular, create trciflic congestion or interference with trciflic on
acjjacent and neighboring public thoroughfares.
s: \pLANNING \ Case Files \2004\ CD 04-42 Matthews \ CD 04-42_ CC.doc
City Council / CU 04-42
February 22, 2005
Page 3
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to a'!)l persons or properry because of excessive trqfjic, noise, smoke, fumes, glare,
odors, dust or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mqjor
importance.
7. Will fullY comPlY with all other requirements of this Code, including a'!)l applicable requirements
and standards for the issuance of a license or permit to establish and operate the proposed use in the
ciry.
If denial of such a permit should occur, it shall accompany recommendations or
determinations by findings or a report stating how the proposed use does not comply with
the standards set forth in Section 30-654.
Plannin~ Commission Actions
The Planning Commission had general questions relating to overnight parking, the number
of vehicles on site, parking and adequate lighting. The applicant stated he would not park
the classic cars overnight but that the newer low mileage vehicles would be parked overnight
and will be marked for sale. The site will be limited to 10 for-sale vehicles and the applicant
will have to determine if there is enough lighting on site.
There were no public comments.
The Planning Commission unanimously recommended approval of the request.
Recommendation
Staff and the Planning Commission recommend the City Council approve the request with
the following conditions:
1. No more than ten (10) retail automobiles shall be on site.
2. If more than ten (10) retail automobiles are to be on site, the applicant shall
apply for an amendment to the Conditional Use Permit.
3. The display area for ten (10) retail cars shall be clearly designated in the
location as shown on the submitted site sketch.
4. If the display area is to be relocated, the applicant shall apply for an
amendment to the Conditional Use Permit.
5. The display area shall maintain a 10-foot setback from all property lines.
S:\PLANNING\Case Files\2004\CU 04-42 Matthews\CU 04-42_CC.doc
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Location Map
Case Number: CU 04-42 WILLIAM MATTHEWS
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BUISNESS PLAN FOR MATTHEWS AUTO BODY Inc.
Doing Business As
MATTHEWS AUTO SALES
P.O Box 89
Elk River MN, 55330
. DAYS AND HOURS OF OPERATION
o 9 a.m. to 5 p.m. Monday through Friday by appointment.
o Saturdays and evenings by appt. only
. NUMBER OF CARS ON DISPLAY AT ANY GIVEN TIME
o The state requires a minimum of 5 available spaces. I won't exceed 10
neatly parked in a single line.
. NUMBER OF EMPLOYEES
o Matthews Auto Sales is an owner operated company with no other
employees
. SIGNPLACEMENT
o They will comply with the States requirements:
· a sign be placed on the suite office door.
· A sign on the outside door accessing the office hallway with hours
of operation stated.
· Clearly designated spaces for the retail cars. With the outer
boundaries possibly marked with small posts and a small sign
affixed to them
. DELIVERY OF VEHICLES FOR SALE
o Since the volume of sales from this location will be so low, each car being
listed for sale will be driven under it's own power to the lot.
Summary of plan for building use.
Matthews auto sales will be using this commercial location as a retail meeting place to
sell autos to pre-existing customers and new customers and also as a commercial address
to comply with the states requirements to qualify for a dealers license. The purpose of
this commercial location is not entirely as a display lot as is the custom with most other
car lots. Matthews auto sales will garner the majority of its business not from drive by
lookers but rather from newspaper advertising and a fully furnished internet web page.
Matthews auto sales will specialize in late model low mile used cars and also in classic
cars of the 50's through the 70's. These cars are not ideally suited for outside display due
to their value and rarity. Therefore they will be stored in an off site indoor storage facility
and transported to the lot for appointments only. This is why Matthews auto sales relies
so heavily upon it's various advertising outlets.
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