6.11. SR 02-20-2007
City of Elk River
REQUEST FOR CITY COUNCIL ACTION
Agenda Section Meeting Date
Communi Develo ment Februa 20,2007
Item Description
Randy Thue is requesting approval of a CUP to allow auto
detailin , auto brokera e and service Case # CU 07-06
Item Number
6.11.
Prepared by
Sheila Cartne , Senior Planner
Reviewed by
Jeremy Barnhart, Planning Manager
Location
568 Dodge Avenue, Lot 2, Block 6, Barrington Place
Introduction
The applicant is requesting a CUP to allow for an auto detailing, auto brokerage and preventative
maintenance shop.
Attachments
· Request for Action
· Location Map
· Letter from Lynn Caswell
Action Reauested
Staff is recommending the City Council approve the request with the conditions as outlined.
City Council Action
Motion by _
Second by _
Vote
Follow Up
Case File: CU 07-06
Page 2
Zoning:
Location: 568 Dodge
Adjacent
Zoning:
PUD
Land Use:
Highway Business
N - PUD
E - PUD
S - C-3
W - Highway 169
Floor Area: Building = 2000 sqft
Parking
Req'd:
Conforms:
Adjacent
Land Use:
N - Highway Bus
E - Highway Bus
S - Highway Bus
W - Highway 169
Required: 6 stalls
Proposed: 11 stalls
Land Use Plan - Yes
Zoning Code - Yes
Subdivision Code - Yes
60 Day Rule: Action must be taken on this request by April 21, 2007 (City Extended)
Overview
The applicant is proposing an auto detailing shop that provides preventative maintenance
inspections and routine maintenance for fleet vehicles. In addition, Mr. Thue is requesting an auto
brokerage license to obtain vehicles for his customers to use. This would allow him to purchase and
sell vehicles. The business will be open to the public when time is available, the concentration on
this business is for fleet vehicles for a certain business, i.e. a plumber has 12 trucks, he would bring
his trucks to this business for preventative maintenance inspections and service, by appointment
only.
Auto detailing was approved for this site in 2000. This property is zoned PUD, the conditional uses
listed in the C-3 district are conditional uses in this PUD. In the C-3 zone car sales, motor vehicle
service stations and motor vehicle specialty shops are listed Conditional Uses.
Applicable Reaulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, iryure or detrimentallY qffict the use and eryqyment of other properry in the immediate
vicinity or the public health, scifety, morals, comfort, convenience or general we!fare of the neighborhood or the
S:\PLANNING\Case Files\2007\CUP\CU 07-06 Thue\CC Report.doc
Case File: CU 07-06
Page 3
ciry. The subject site is in a commercial area and near similar uses; a detrimental affect is not
expected.
2. Will be consistent with the comprehensive plan. This type of use is consistent with the
Comprehensive Plan designation.
3. Will not impede the normal and orderlY development and improvement 0/ surrounding vacant proper!J. Not
applicable, area is developed.
4. Will be seroed adequatelY ry and will not adverselY qffect essential public facilities and seroices including
streets, police and fire protection, drainage, refuse disposal, water and sewer !)Istems, parks and schools; and
will not, in particular, create trqfJic congestion or inteiference with trqfJic on acfjacent and neighboring public
thoroughfares. The applicant has provided disposal information and intends to meet the
Minnesota Pollution Control Agency (MPCA) standards.
5. Will not involve uses, activities, processes, materials, equipment and conditions 0/ operation that will be
detrimental to atry persons or proper!J because 0/ excessive trqfJic, noise, smoke, fumes, glare, odors, dust or
vibrations. Operations of this business are completely enclosed.
6. Will not result in the destruction, loss or damage 0/ a natural, scenic or historic feature 0/ mqjor importance.
The applicant is proposing to use an existing building space with no additions.
7. Will fullY complY with all other requirements 0/ this Code, including atry applicable requirements and
standards for the issuance 0/ a license or permit to establish and operate the proposed use in the ciry. Full
compliance is expected.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
fmdings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards for CUP as outlined, it appears that the addition is consistent with all
of these standards.
Analysis
This site was approved for a carwash with an auto detail shop in 2000. The applicant is requesting
approval for an auto detail shop with routine and preventative maintenance on fleet vehicles and a
broker license to buy and sell autos; similar to a "Jiffy Lube" type use. The applicant proposes to
have three cars onsite for the customers to use while their vehicles are being serviced and he would
also like to be a buyer for people looking for specific vehicles.
Routine/preventative Maintenance: The applicant intends to focus his business on fleet vehicles for larger
clients. The clients will typically have a larger number of vehicles that will receive preventative and
routine maintenance, with a focus on safety. The service is by appointment only, although some
customers may drop off a vehicle and pick it up later therefore needing to use the "loaner" vehicle.
While this business will be open to the general public, the fleet vehicles take precedence; if there are
openings the general public can make an appointment. This operation is intended to be by
appointment only.
The following defmitions are found in the Land Development Regulations for Elk River:
Motor vehicle repair shop: "a place where the sale o/parts and accessories and the seroicing and repair 0/
automobiles are conducted. Repair 0/ automobiles shall include but is not limited to uses permitted for motor vehicle
S:\pLANNING\Case Files\2007\CUP\CU 07-06 Thue\CC Report.doc
Case File: CU 07-06
Page 4
service stations, radiator repair, mqjor mechanical and bocfy work, straightening rif bocfy parts, painting, welding,
storage rif inoperable automobiles, and overhauling engines': This is the type of use that is listed as a
prohibited use in the PUD agreement. The applicant's business does not fit this definition.
Motor vehicle service station: "a place where gasoline or other automobile engine fuels is stored onlY in
under;ground tanks, kerosene or motor oil, and lubricants or grease for operation rif motor vehicles are sold directlY to
the public on the premises, including the sale rif minor accessories and the servicing and minor repair rif automobile.
Minor repairs shall include tire servicing and repair, replacement rif mufflers with incidental welding, greasing and
lubrication and minor motor acfjustments. Minor repair shall not include mqjor mechanical and bocfy work, painting,
welding, storage rif inoperable vehicles or overhauling rif engines. JJ
Motor vehicle specialty service station: "a place where gasoline or other automobile engine fuel sales are
prohibited. Lubricants for operation rif motor vehicles mqy be sold directlY to the public. Specialty stations are intended
for the sale rif minor accessories and minor repairs for automobiles and small trucks. It is intended that specialty
stations shall specialize in one or two uses. Minor repair shall include tire servicing and repairs, replacement rif
mtifflers, greasing and lubrication, minor motor acfjustments, transmissions services, brake repairs, and auto glass
replacement. Minor repairs shall not include mechanical and bocfy work, painting, welding, storage rif inoperable
vehicles, outside storage or overhauling engines. JJ
It is Staffs opinion that the proposed use can be categorized by both definitions of motor vehicle
service station and motor vehicle specialty service station.
Auto Brokerage: the applicant would like to obtain a dealer license in order to provide transportation
for his clients, if need be. The vehicles would be parked in front of the building and will be brought
inside the shop at night. He would like to have up to three cars on the site. Another aspect of the
dealer's license is to be able to find and buy certain vehicles at the customer's request. There are
eight parking stalls behind the building for customer/employee use.
The hours of operation are Monday - Saturday 8am to Spm, at this
time four people will be employed including the owners. The signage
proposed includes one building sign and one freestanding sign that
are presently located on the frontage road. All signage is subject to
sign permits.
Plannina Commission Review
During the Public Hearing Gary Santwire voiced concerns regarding noise, and use of air powered
impact wrenches. Mr. Santwire also questioned if the use is permitted, as auto repair is expressly
prohibited by the PUD. During the discussion the Planning Commission determined that the use is
not prohibited. The applicant described his business, Mr. Santwire's concerns were lessened
somewhat with the applied conditions.
S:\PLANNING\Case Files\2007\CUP\CU 07-06 Thue\CC Report.doc
Case File: CU 07-06
Page 5
Recommendation
Staff and the Planning Commission recommends that the City Council approve the Conditional
Use Permit request, for 568 Dodge Avenue to allow an auto detail, routine/preventative
maintenance shop with an auto dealer license with the following conditions:
1. The building shall meet all applicable building codes.
2. The building shall meet all applicable fire codes.
3. Major vehicle repair is prohibited.
4. Prior to opening, the site shall be inspected by Gary Leirmoe, WWTP Chief Operator
for proper oil, anti-freeze and other lubricant disposal. Any modifications deemed
necessary shall be completed prior to opening.
5. No more the three cars related to the business can be stored on site and shall be kept
inside the shop overnight.
6. Outdoor storage of any kind is prohibited.
7. All signage requires applicable sign permits.
8. The tenant shaD control noise by closing the overhead doors when warranted
Respectfully Submitted
Sheila Cartney
Senior Planner
S:\PLANNING\Case Files\2007\CUP\CU 07-06 Thue\CC Report.doc
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Location Map
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Case Number: CU 07-06
RANDY THUE
EXHIBIT A
LEGAL DESCRIPTION OF PREMISES
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03^B:>>:RI 31 'dO
My name is Randy Thue, my wife's name is Melanie and she is a stay at home mother.
We have 4 children ages 4 to 16. We have resided at 19600 Zane ST, NW in Elk River
for almost 9 years. I have been employed with Anoka County Highway Department for
almost 10 years. I started my employment with ACHD as the Lead Mechanic and
currently have been in the position as Fleet Maintenance Supervisor for over 4 years.
I have operated a small business out of my 3 stall garage for 5 years as Diversified
Automotive Services performing Preventative Maintenance inspections, automotive air
conditioning and light repairs for neighbors, family and friends. My wife and I would like
to have an opportunity to open our business up at 568 Dodge Avenue to give us more
room and more opportunities to serve the community.
I would like to offer affordable personalized services for individual and fleet maintenance
with a heavy emphasis on motor vehicle safety and reliability.
I will be providing the following services:
../' Preventative maintenance inspections to include diagnostics, oil changes and
light repairs. Also provide free loaner vehicles to those desperately in need.
../' AMSOIL synthetic oil dealer/ installer. I will stock AMSOIL products for
retail and install. The main purpose will be educating my customers on the
benefits of extended drain intervals. Synthetic oils VS petroleum products.
../' Auto Brokerage. By obtaining a used car dealers license I will be able to provide
affordable, reliable transportation based on the customers needs. I will have 8
parking spaces behind the building. I will utilize 3 spaces for vehicles in the front
lot near frontage road by signage board. At most I will carry 3 vehicles; these
vehicles will be brought into the shop at night. They will be in the front for
display only. The majority of the Auto Brokerage business will be utilized as
follows: When the repairs exceed the cost of customer vehicle, I will have an
opportunity to consult and provide affordable and reliable transportation based on
customers needs. The Auto Brokerage business will also be utilized to assist
customers in finding a specific year, make and model.
../' Automotive Detailing. One of the bays will be used for providing this service.
The hours of operation will be Monday - Saturday 8am to 5pm.
The business will employ 4 people including me and my wife.
Signage will include two, one off the frontage road and one on the south west comer of
the building.
There will be no outdoor storage.
DATE RECEIVED
I "t/ 2-1 /C'lo
January 21, 2007
o~rE
-2REC€/II~
2-o7D
Sheila Cartney, Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
~~
Re: Conditional Use Permit Staff Comments, Dated January 16,2007
Dear Sheila,
My plan for the disposal of oil, antifreeze and other lubricants is as follows:
I will be working in compliance with the Minnesota Pollution Control Agency (MPCA).
I will be registering with the Environmental Protection Agency (EPA) as a "Waste Oil
Generator" and I will keep records per used oil management standards.
East Side Oil Company out of St. Cloud, Minnesota will be providing me with an above
ground oil tank which will be labeled and located inside the shop. They will also be
providing me a barrel for used oil filters and one for used antifreeze.
I will be on a weekly to bi-weekly pick up schedule.
Regarding the signage, the sign on the frontage road is the free standing sign we referring
to.
Thank you for further consideration of my application. I look forward to the Planning
Commission meeting on Tuesday, February 13,2007.
I welcome any additional questions you may have to further clarify.
Sincerely,
Randy D. Thue
763-241-9754
JL T Partnership, LLP
580 Dodge Ave.
Elk River, MN 55330
(763)-441-2072
C. EB ,f'> 1 7r1\"rr
1" . 'tJ,' ~LL.g
Mr. J~remy Barnhart
PJanning Manager
. -CttY of Elk River
13,965 Orono Parkway
.. '. River, MN 55330
February 6, 2007
Auto Repair CUP
568 Dodge Ave.
DATE RECeIVED
- Z./~/e /
-
'.'oftoWll and imable to attend the February 13th Planning Commission meeting.
vide this letter to the Planning Commission members.
All work is to be done inside the building with the doors closed. Many auto repair
facilities use the parking area for simple tasks like tire and brake work or other
small quick repairs. I am very concerned about the noise. Our employees need a
lati . quiet e~vironp1ep.t to work effectively.; Allto repair is not a quiet
- ..' . .' .' 'ols and other loud operations.' The noise
opment.' There are many different
ol11Il1on driveways. Few conflicts have
. . . and funCtions well. We would prefer a
~th the above restrictions.
, '~.-,",