7.1. SR 10-15-2018
Request for Action
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
Public Hearings October 15, 2018 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Conditional Use Permit: Cheapest Cars Ever, LLC Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards
set forth in Section 30-654:
1. The number of motor vehicle sales dealers shall be limited to one (1).
2. No more than 10 for sale vehicles may be displayed on the subject property.
3. The building shall provide all proper exhaust and venting as required by the building code.
4. The applicant and/or property owner must apply for all
required building and electrical permits (such as for paint
booths) before any associated activities can occur.
5. The city building official and fire marshal shall inspect the
building for compliance with all state and local building
codes.
6. Sound attenuation shall be installed to mitigate noise to
neighboring tenants.
7. All motor vehicle repairs or finishing shall occur inside the
building.
8. Exterior doors shall be closed while any motor vehicle
repair or finishing occurs.
9. No outdoor storage of damaged or inoperable vehicles
shall be allowed.
10. Outdoor storage shall comply with Section 30-807.
11. Paints, chemicals, or other hazardous materials shall be
handled and disposed of in accordance with the Minnesota
Pollution Control Agency (MPCA).
12. The applicant and/or property owner shall ensure vehicles
stored on the parking lot do not leak fuels or other
hazardous materials into the stormwater pond to the west
of the parking lot.
13. Parking stalls shall be striped in accordance with City
Ordinance, Section 30-892.
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Background/Discussion
Case No. CU 18-16
The property is located at 17242 Ulysses Street (Figure 1) and is 2.18 acres in size. The property is zoned
FAST – Office Village (E) where vehicle sales and service require a Conditional Use Permit (CUP).
In April of 2017, the applicant received a CUP to operate an on-line motor vehicle sales office within
approximately 4,200 square feet of the 10,000 square-foot building. They are requesting an amendment to
their CUP to allow a motor vehicle repair shop and five additional vehicles displayed “for sale.”
Planning Commission Meeting
The Planning Commission questioned if the 10 vehicles were enough and the applicant indicated it was
and would amend the CUP later if needed.
Public Hearing
The applicant indicated two of the outside stored vehicles were delivered yesterday (9-24-2018) and were
to be moved today to another location. He said they do not intend to store anything in the outside area.
They want to provide for after sales work but it is not their intention to be a mechanic shop. He receives
cars from out of state which are dropped off, picked up shortly afterwards, and delivered to another
location. When asked if he was agreeable with 13 conditions outline he stated yes and indicated he does
not paint vehicles and they do not do store vehicles that are not for sale. He explained that he cannot fix
vehicles outside due to the weather and he is not planning to establish a mechanical shop with customers
specific to repair work. He wants to provide after sales work and the cars may need some minor repairs,
which he intends to complete inside the garage.
No one spoke for or against the request and staff has not received any comments since the Planning
Commission meeting.
The Planning Commission agreed with the 13 recommended conditions being imposed to satisfy the
seven standards for a CUP and unanimously recommended approval of the request.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99 the required 60-day review period ends on October 26, 2018.
Attachments
Planning Commission Memo dated September 25, 2018
N:\\Public Bodies\\Agenda Packets\\10-15-2018\\Final\\7.1 sr.docx
Leeseberg, Chris
From: Cheapest Cars Ever LLC <ccever.11c@gmail.com>
Sent: Wednesday, October 3, 2018 2:10 PM
To: Leeseberg, Chris
Subject: Re: CUP questions and info needed
Hello Chris
in regarding your previous email
1:- those cars kept outside at that date because we had an accident in our garage 2 months ago and the building
company said they will start the repair this week so we made the inside garage almost empty if they need to use
that space for repair the hole in the back
those cars already removed. and just for clarification we won't store any inoperable car outside .
2:- the things that we intend to do in our shop is to do after sale services and do some repairs EX:- brake
replacement, parts replacement ,oil change , and other minor works .
for the painting we don't have any plans to do this right now because it is different huge project but we will
apply the appropriate documents and obtain the required licences whenever we want to do that
the maintenance and car repairing all will be done within the inside garage and nothing gonna be stored
outside unless they are fully operable
if you have any questions please let me know
regards
Original Conditions Edited
Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set
forth in Section 30-654:
1. The number of motor vehicle sales dealers shall be limited to one (1).
2. No more than 10 for sale vehicles may be displayed on the subject property.
3. The building shall provide all proper exhaust and venting as required by the building code.
4. The applicant and/or property owner must apply for all required building and electrical permits
(such as for paint booths) before any associated activities can occur.
5. The city building official and fire marshal shall inspect the building for compliance with all state and
local building codes.
6. Sound attenuation shall be installed to mitigate noise to neighboring tenants.
7. All motor vehicle repairs or finishing shall occur inside the building.
8. Exterior doors shall be closed while any motor vehicle repair or finishing occurs.
9_Outdmor sterageAll outdoor storage of damaged or inoperable vehicles shall comply with Section 30-
807.
10. No more than five (5) damaged or inoperable vehicles shall be stored in the outdoor storage area
4&11. No outdoor storage of damaged or inoperable vehicles shall be allowed until the required
screening is installed.
44-.12. Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance
with the Minnesota Pollution Control Agency (MPCA).
413 The applicant and/or property owner shall ensure vehicles stored on the parking lot do not leak
fuels or other hazardous materials into the stormwater pond to the west of the parking lot.
43:14. Parking stalls shall be striped in accordance with City Ordinance, Section 30-892.
Recommended Updated Conditions
Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set
forth in Section 30-654:
1. The number of motor vehicle sales dealers shall be limited to one (1).
2. No more than 10 for sale vehicles may be displayed on the subject property.
3. The building shall provide all proper exhaust and venting as required by the building code.
4. The applicant and/or property owner must apply for all required building and electrical permits
(such as for paint booths). before any associated activities can occur.
5. The city building official and fire marshal shall inspect the building for compliance with all state and
local building codes.
6. Sound attenuation shall be installed to mitigate noise to neighboring tenants.
7. All motor vehicle repairs or finishing shall occur inside the building.
8. Exterior doors shall be closed while any motor vehicle repair or finishing occurs.
9. All outdoor storage of damaged or inoperable vehicles shall comply with Section 30-807.
10. No more than five (5) damaged or inoperable vehicles shall be stored in the outdoor storage area.
11. No outdoor storage of damaged or inoperable vehicles shall be allowed until the required screening
is installed.
12. Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance with
the Minnesota Pollution Control Agency (MPGA).
13. The applicant and/or property owner shall ensure vehicles stored on the parking lot do not leak
fuels or other hazardous materials into the stormwater pond to the west of the parking lot.
14. Parking stalls shall be striped in accordance with City Ordinance, Section 30-892.
Cheapest Cars Ever
April 2017 Existing businesses surround site2.18 acresZoned FAST (E)Amend CUPMotor Vehicle Sales Salvage/Junk Yards not allowedMotor Vehicle Sales (No repairsCUP(5 10max on
max on site)site)
Background
One access point (Ulysses)emergency Sufficient onvehicles-site circulation for the business, customers, and
Transportation/Circulation
Staff and PC recommend areaEnough parking for entire building and a small outdoor storage the southern half of the entrance parking the 10 for sale vehicles be located on area
Parking
Holding pond to the west of parkingDamaged vehicles have been/are stored on site Paint, chemicals, or other hazardous materials
Environmental
PC Concerns with standards 1 & 5:of the conditions required for approval of the analysis of the application shows compliance with Chemicals/fluids NoiseFumes –exhaust, paint, solvents,
–how are they handled?etcCUP5 of the 7
CUP Requirements
Standards 1 & 5 can be met if:The applicant and/or property owner install proper exhaust parking materials into the stormwater pond to the west of the on the parking lot do not leak
fuels or other hazardous The attenuation to mitigate noise to neighboring tenantsand venting as required by the building code and sound applicant and/or property owner lotensure vehicles
stored
CUP Requirements
Applicant stated:PC unanimously recommended approvalNo one spoke for or against the requestVehicles stored outside (temp)After sales work Agreed with the 13 conditionsThey do
not intend to store anything outside-minor repairs inside the garage
Planning Commission -PH
Applicant stated in email:They won’t store any inoperable vehicles outsideNo plans for paintingAfter sales service:Brakes, parts replacement, oil change, other minor work
Since Planning Commission
Inoperable vehicles outside is common with this type of facilityRecommending amended conditionsHanded out
Since Planning Commission
Approve, by motion, the handed out to satisfy the standards set forth in Section CUP with the amendedconditions 30-654
Action Requested