6.1. PCSR 03-28-2023Request for Action
To Item Number
Planning Commission 6.1
Agenda Section Meeting Date Prepared by
Public Hearings March 28, 2023 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Carnova – Omar Alnauimi, 17242 Ulysses St. NW Zack Carlton, Community Development Director
Conditional Use Permit for automobile sales and
Reviewed by
repair, Case No. CU 23-02
Action Requested
Approve, by motion, the Conditional Use Permit with the following
conditions:
1. The Conditional Use Permit shall not be recorded until all
conditions have been completed.
2. The authorized additional uses (repairs, body shop, and
expanded sales area) shall not begin until the Conditional Use
Permit is recorded.
3. An amendment to this Conditional Use Permit will be required
for future changes/additions not shown on the site plan dated
March 28, 2023.
4. The applicant and/or property owner must apply for all required
commercial building, electrical, plumbing, and/or mechanical
permits before any associated activities can occur.
5. A code analysis finding building code compliance for the areas
approved for use under this CUP shall be prepared by an
appropriate registered professional. Areas to be utilize in the
future will also be required to provide this analysis.
6. The number of motor vehicle sales dealers shall be limited to
four (4) as other parking needs/requirements allow.
7. No more than 5 “for sale” vehicles per dealer may be displayed
on the subject property.
8. All motor vehicle repairs, body work, or detailing shall only
occur inside the building.
9. Exterior doors shall be closed while any motor vehicle repair, body work, or detailing occurs.
10. The dumpster area shall be screened with a six-foot-tall 100% opaque fence with the gate closed when not
in use.
11. The damaged vehicle storage area shall not exceed 900 square feet, must be screened with a six-foot-tall
100% opaque fence, must be paved with an approved surface, and shall meet all setbacks.
12. No outdoor storage of damaged or inoperable vehicles shall be allowed until the required screening and
paving are installed.
13. Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance with the
Minnesota Pollution Control Agency (MPCA).
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14. The applicant and/or property owner shall ensure any vehicle stored outside does not leak fuels or other
hazardous materials onto the ground or into the stormwater pond to the west of the parking lot.
15. Parking stalls shall be striped in accordance with City Ordinance, Section 30-892 by May 31, 2023.
Background/Discussion
The subject property is located at 17242 Ulysses Street and is 2.18 acres in size. The property is zoned Focused
Area Study (FAST) subzone E, where vehicle sales and service require a Conditional Use Permit (CUP).
In April 2017 the property received a CUP to allow a single dealer. The current application (different than the 2017
applicant) now includes up to four dealers within the building including auto repair, body work, and painting.
Approximately 5,800 square feet of the building will continue to be used for manufacturing by the existing
tenants. The applicant stated the manufacturing business will be moving out in about three years and the
applicant will then utilize that space for repair space for the various dealers on site.
The site is surrounded by existing businesses on the north, west, and south sides. Ulysses Street abuts the east
side of the property. The site has numerous trees and the western third of the site is undeveloped as it contains a
regional holding pond.
Transportation/Circulation
Access to and from the site will occur at the one existing access on Ulysses Street. There is sufficient on-site
circulation for the business, customers, and emergency vehicles.
Parking
The city ordinance states:
Auto sales, trailer sales, marine and boat sales, implement sales, garden supply store, or building materials sales: one
parking space for each 500 square feet of floor area.
Open sales or rental lots shall also provide one parking space for each 5,000 square feet of land which is to be used for sales
and display area.
Office building: one parking space for each 300 square feet of floor area.
Manufacturing, fabricating, general industrial: six stalls plus one off-street parking space for each 500 square feet of floor
area.
The state also requires display area for a minimum of 5 vehicles per dealer. Based on the submitted site plan
showing 49 stalls and the size of the building, the applicant can have a maximum of four dealers on site.
Current Parking (Carnova and Manufacturing)
The auto sales floor area is 928 square feet, requiring 2 parking stalls, and 2,435 square feet will be utilized for
auto repairs, requiring 8 parking stalls. The sale and rental lot area is 9,399 square feet, requiring 2 stalls. The
5,782 square foot manufacturing portion requires 18 parking stalls. The state also requires five stalls per dealer,
resulting in the need for 20 parking stalls. The total required parking stalls is 50.
Future Parking (Carnova only)
The auto sales floor area is 928 square feet, requiring 2 parking stalls, and 7,611 square feet will be utilized for
auto repairs, requiring 25 parking stalls. The sale and rental lot area is 9,399 square feet, requiring 2 stalls. The
state also requires five stalls per dealer, resulting in the need for 20 parking stalls. The total required parking stalls
is 49.
The parking lot shall be striped to city requirements for the 49 stalls shown. Due to current weather conditions,
staff recommends this be completed by May 31, 2023.
Landscaping
The ordinance requires 33 trees for the property. The exiting tree inventory satisfies this requirement.
Environmental
There is the potential for environmental concerns related to pollution if paint, chemicals, or other hazardous
materials are not maintained properly on site. Stormwater pond to the west could potentially be polluted as well.
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.
Dumpster/Damaged Vehicle Storage
A 30’ x 30’ damaged vehicle storage area is proposed. Staff recommends this be screened with a six-foot-tall
100% opaque fence and be paved with an approved surface (asphalt, concrete, pavers, class-5). This storage area shall
meet setback requirements. The FAST district does not regulate trash enclosures yet through the CUP process;
conditions can be applied as the city deems necessary. Staff recommends that the dumpster be screened with the
same material as the damaged vehicle storage area.
Applicable Regulation
In approving a Conditional Use Permit, the Council may impose such specific conditions with regard to the
development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in
section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any
potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public
health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
The proposed car dealership is the same as other businesses in the area and is compatible with the other
industrial businesses.
The building shall provide all proper exhaust and venting as required by the building code. Exterior doors
shall be closed while any motor vehicle repair or finishing occurs.
Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance with the
Minnesota Pollution Control Agency (MPCA).
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.
With these measures, the proposed motor vehicle repair shop should not endanger, injure or detrimentally
affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals,
comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the comprehensive plan.
The underlying land use of the property is Highway Business. The highway business category primarily
consists of a mix of auto-oriented retail and service businesses, restaurants, and community and regional-
scale shopping centers. Highway business uses are located along Highway 169 and Highway 10 and have
high visibility from these corridors. Any redevelopment within this district would likely not occur until
major transportation patterns change. The redevelopment would occur within the boundary of the existing
road network and natural gas line.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The subject site and surrounding area are already developed. The use will not impede the normal and
orderly development and improvement of surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire
protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic
congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The use will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and
schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and
neighboring public thoroughfares.
Staff does not see a need to impose specific conditions to satisfy this standard.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any
persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The building shall provide all proper exhaust and venting as required by the building code. Exterior doors
shall be closed while any motor vehicle repair, body work, or detailing occurs.
Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance with the
Minnesota Pollution Control Agency (MPCA).
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.
With these measures, the proposed motor vehicle repair shop should not endanger, injure or detrimentally
affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals,
comfort, convenience, or general welfare of the neighborhood or the city.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
While limited site work is being proposed, the use will not result in the destruction, loss or damage of a
natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance
of a license or permit to establish and operate the proposed use in the city.
The use will fully comply with all other requirements of this Code, including any applicable requirements
and standards for the issuance of a license or permit to establish and operate the proposed use in the city.
Staff does not see a need to impose specific conditions to satisfy this standard.
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.
Attachments
Location Map
Floor Plan
Site Plan – March 28, 2023
Parking Calculations
Parking Exhibits
Office Repair Area Sales Lot Manufactuirng Dealer 1 Dealer 2 Dealer 3 Dealer 4 Dealer 592824355385782 Customer, Employee Parking655For Sale Vehicle Display1996125150414303025Total sqft 928 2435 9399 5782Ordinance5003005000500Subtotal28212Ordinance6Required28218 5 5 5 5 50
Office Repair Area Sales Lot Manufactuirng Dealer 1 Dealer 2 Dealer 3 Dealer 4 Dealer 5
928 7611 538 Customer, Employee Parking
655 For Sale Vehicle Display
1996
1251
504
1430
3025
Total sqft 928 7611 9399 0
Ordinance 500 300 5000 500
Subtotal 2 25 2 0
Ordinance 0
Required 2 25 2 0 5 5 5 5 49
City Required State Required
Carnova and Existing ManufacturingCity Required State RequiredCarnova Only