7.9. SR 12-19-2005
Item #~9.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Leeseberg, Planner ,-
'-t:
DATE: December 19,2005
SUBJECT: Case No. CU 05-24
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
13479 Business Center Drive
Zoningl Land Use
C3 (Highway Commercial) / CC (Community Commercial)
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by January 7, 2006
Attachments
.
Location Map
Site Plan
Composite Image
Staff Exhibit A
Applicant Signage Information
.
.
.
.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
City Council / CU 05-24
December 19, 2005
Page 2
Overview
The applicant will be utilizing this C3 zoned property to sell autos. Car, RV and marine sales
are an Allowed use under the Conditional Use Permit in any C3 zoned district.
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 (no more than six), 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 applicant will be utilizing the building for an indoor show room also. The applicant
shall check with the Building Department regarding any code requirements related to
automobile showrooms. Any modifications to the building will require a building permit.
The vehicles will be delivered to the site under their own power and will not be brought in
on a tractor trailer semi.
As there will be limited late model used vehicles on site, the display area will not exceed
more than six vehicles at one time. The display area for the vehicles is proposed in the three
stalls direcrly in front of the entrance and then the three stalls direcrly across the drive lane.
Staff would recommend that all six vehicles be displayed across the drive lane from the front
entrance. This leaves the upfront stalls for customers.
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.
Staff is recommending that advertising on the vehicles shall be limited to one sign per
vehicle not exceeding 94 square inches. The applicant has provided examples of what he
would like to use to advertise the vehicles.
Parking and Circulation
The parking and circulation is established and will not be affected.
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:
S:\PLANNING\Case Files\2005\CU 05-24 William Matthews\CU 05-24_CC.doc
City Council / CU 05-24
December 19, 2005
Page 3
1. Will not endanger, i1!Jure or detrimentallY qffect the use and e1!J"qyment if other property in the
immediate vicinity or the public health, sqfety, morals, comfort, convenience or general we!fare 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 sUTTOunding vacant
property.
4. Will be se17Jed adequatelY ly and will not adverselY qffect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposa4 water and sewer .rystems, parks
and schools; and will not, in particular, create trciffic congestion or inteiference with trciffic on
acjjacent and neighboring public thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions if operation that will
be detrimental to a'!Y persons or property because if excessive trciffic, noise, smoke, fumes, glare,
odors, dust or vibrations.
6. Will not result in the destruction, loss or damage ifa natural, scenic or historic feature if mqjor
importance.
7. Will fullY complY with all other requirements if this Code, including a'!Y applicable requirements
and standardsfor the issuance if a license or permit to establish and operate the proposed use in the
city.
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.
Planning Commission Actions
The focus of discussion was on whether or not this use (Car Sales) was appropriate at this
location, which is zoned C3. The majority of the Commission felt it was an inappropriate
use at this location and would adversely affect the commercial use. A couple of Commission
members disagreed stating that it is an allowed use as a Conditional Use and that the seven
criteria from aforementioned Section 30-654 are complied with.
The Commission question if the owner of the property approved this use. It was stated that
the applicant would have to sign a lease with the property owner and also that it was not the
Planning Commissions role to question landlord/tenant relations. Issues related to snow
removal were also raised.
They were concerned that this applicant has a Conditional Use Permit at another location in
the City and did not want to see them popping up all over town.
It was question if signage at each of the stalls was proposed.
The Planning Commission recommended denial of the request with a 5-2 vote, stating that
criteria's #1, #3 and #7 of Section 30-654 are not complied with.
S,\PLANNING\Case Files\2005\CU 05-24 William Matthews\CU 05-24_CC.doc
City Council / CU 05-24
December 19, 2005
Page 4
Recommendation
Should the City Council approve the request staff would recommend the following
conditions:
1. Advertising on the vehicles shall be limited to one sign per vehicle not
exceeding 94 square inches.
2. No signage and/or decorations of any type, such as but not limited to,
banners, pennants, festoons, painted windows and balloons shall be allowed
on the vehicles.
3. No more than six (6) retail automobiles shall be displayed outside.
4. All vehicles shall be delivered to the site under their own power.
5. The vehicles shall be displayed in the six stalls across the drive lane from the
front entrance, as indicated on Staff Exhibit A.
6. Signage shall be installed at each of the six parking stalls indicating that only
these stalls can be used for automobile sales for holder ofthe Conditional Use
Permit at this site.
7. If more than six (6) retail automobiles are to be displayed outside, the
applicant shall apply for an amendment to the Conditional Use Permit.
8. The applicant shall contact the Building Department regarding any code
requirements related to automobile showrooms.
9. The building shall meet all building codes.
10. The building shall meet all fire codes.
S:\pLANNING\Case Files\2005\CU 05-24 William Matthews\CU 05-24_CC.doc
City Council / CU 05-24
December 19, 2005
Page 3
3. Will not impede the normal and orderlY development and improvement 0/ surrounding vacant
propertY.
4. Will be served adequatelY i?Y and will not adverselY qffect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer !)1st ems, parks
and schools; and will not, in particular, create trqfjic congestion or interference with trqfjic on
acfjacent and neighboring public thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions 0/ operation that will
be detrimental to a'!} persons or propertY because 0/ excessive trqfjic, noise, smoke, fumes, glare,
odors, dust or vibrations.
6. Will not result in the destruction, loss or damage 0/ a natural, scenic or historic .feature 0/ mqjor
importance.
7. Will fullY complY with all other requirements 0/ this Code, including a'!} applicable requirements
and standards for the issuance 0/ 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.
Planning Commission Actions
The focus of discussion was on whether or not this use (Car Sales) was appropriate at this
location, which is zoned C3. The majority of the Commission felt it was an inappropriate
use at this location and would adversely affect the commercial use. A couple of Commission
members disagreed stating that it is an allowed use as a Conditional Use and that the seven
criteria from aforementioned Section 30-654 are complied with.
The Commission question if the owner of the property approved this use. It was stated that
the applicant would have to sign a lease with the property owner and also that it was not the
Planning Commissions role to question landlord/tenant relations. Issues related to snow
removal were also raised.
They were concerned that this applicant has a Conditional Use Permit at another location in
the City and did not want to see them popping up all over town.
It was question if signage at each of the stalls was proposed.
The Planning Commission recommended denial of the request with a 5-2 vote, stating that
criteria's #1, #3 and #7 of Section 30-654 are not complied with.
Recommendation
Should the City Council approve the request staff would recommend the following
conditions:
1. Advertising on the vehicles shall be limited to one sign per vehicle not
exceeding 94 square inches.
S;\pLANNING\Case Files\2005\CU 05-24 William Matthews\CU 05-24_CC.doc
City Council / CU 05-24
l)ecernber 19, 2005
Page 4
2. No signage and/or decorations of any type, such as but not limited to,
banners, pennants, festoons, painted windows and balloons shall be allowed
on the vehicles.
3. No more than six (6) retail automobiles shall be displayed outside.
4. All vehicles shall be delivered to the site under their own power.
5. The vehicles shall be displayed in the six stalls across the drive lane from the
front entrance, as indicated on Staff Exhibit A.
6. Signage shall be installed at each of the six parking stalls indicating that only
these stalls can be used for automobile sales for holder ofthe Conditional Use
Permit at this site.
7. If more than six (6) retail automobiles are to be displayed outside, the
applicant shall apply for an amendment to the Conditional Use Permit.
8. The applicant shall contact the Building Department regarding any code
requirements related to automobile showrooms.
9. The building shall meet all building codes.
10. The building shall meet all fire codes.
S:\PLANNING\Case Files\2005\CU 05-24 William Matthews\CU 05-24_CC.doc
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Location Map
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Case Number: CU 05-24
WILLIAM MATTHEWS
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Page 1 of 1
Leeseberg, Chris
From: imbilljr@juno.com
Sent: Thursday, December 15, 2005 11 :34 AM
To: cleeseberg@cLelk-river.mn.us
Subject: Signs etc.
Attachments: city sample 24x24.jpg; P6200_pd.jpg; P0100_pd.jpg
Here are three files. One is the actual sign that I have already made according to the city's specs. of
square inches. the second and third pictures are of the type of exterior advertising. they are file photos
from a dealer supply company and not to scale. the antenna flag is only the size of a car antenna and it
simply slides over the antennas of the cars. The numbers are static cling and are for the outside of the
winshild to display price ets. these are very common and used by every used carl new car dealership. I
feel that it's important to be uniform in the display of my cars and these things will make it clear which
cars are for sale. The state requires that I have my signs placed (at the minimum) at each end ofthe
parking spaces assigned to me so it already is required to have the vehicles clearly marked as "For Sale".
12/15/2005
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