6.12. SR 07-16-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Request by Randy Thue for Conditional Use Permit Public
Hearing Case # CU 07-20.
Item Number
6.12.
Prepared by
Sheila Cartne , Senior Planner
Reviewed by
erem Barnhart, Plannin
Reviewed by
Action Requested
Staff recommends that the City Council approve the Conditional Use Permit request to allow up to five
cars onsite as part of the auto brokerage business with the following conditions:
1) All conditions of the Conditional Use Permit issued for Case # CU 07-06 shall be in
effect, with exception to Condition #5.
2) No more then five cars related to the business can be stored on site and shall be kept
inside the shop overnight.
3) Hours of operation are limited to 7am to 9pm Monday through Saturday.
Backlround/Discussion
In February of this year a Conditional Use Permit was approved for an auto detailing, auto brokerage and
preventative maintenance shop at 568 Dodge Avenue Suite C. At the time of the application the
applicant requested approval of up to three cars for the auto brokerage business and indicated on the site
plan where those would be located. Per the proposal this was a condition of the Conditional Use Permit.
Attachments
. Location Map
. Applicant's Narrative
. Original CUP
Case File: CU 07-20
Page 2
Randy TIlUe
General Information
Applicant
60 Day Rule
Requested Action
Location and Size
Randy Thue
The application has been deemed complete as of June 22, 2007.
The City must take action by August 21 , 2007
Conditional Use Permit Amendment
568 Dodge Avenue
Location Existing Use Land Use Plan Designation Current Zoning
Subject Auto detailing and Highway Business PUD
Property preventative
maintenance
North Retail Commercial Highway Business PUD
South Retail Commercial Highway Business C3
East Office Highway Business PUD
West Highway 169 Highway 169 Highway 169
Overview/Analysis
The CUP that was approved earlier this year provided Mr. Thue with the ability to have three cars
onsite as part of the auto broker business. During the application process Mr. Thue only requested
to have three cars for this portion of his business. It wasn't until after Mr. Thue applied for a dealer
license with the State of Minnesota did he realize he had to be able to accommodate five cars (see
attached letter). Although the parking is more than ample to accommodate five cars, the State won't
issue the license because the City has put a restriction on the business to allow only three cars. Mr.
Thue is requesting that the CUP be modified to allow up to five cars so he can obtain the
appropriate license with the State. Staff does not have an issue with two additional cars onsite; there
appears enough parking to adequately serve the business.
In addition to the number change in condition five of the CUP Mr. Thue is also requesting that the
broker cars be allowed to be stored outside overnight. Staff does not support the idea of allowing
the cars to be stored overnight outside of the shop, this could be considered outdoor storage and
that is not a precedent that has been set in that area. In addition this is not to be a used car lot and
cars stored outside all the time may give the appearance of such.
Applicable Regulations
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\CUP\CU 07-20 Thue\CC 7 16 07.doc
Case File: CU 07-20
Page 3
Randy Thue
1. Will not endanger, ir!fure or detrimentallY affect the use and enjqyment of other propertY in the immediate
vicini!J or the public health, scife!J, morals, comfort, convenience or general welfare of the neighborhood or the
ci!J.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement of surrounding vacant propertY.
4. Will be seroed adequatelY !?J and will not adverselY affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer .rystems, parks and schools,. and
will not, in particular, create trciffic congestion or interference with trciffic on atfjacent and neighboringpublic
thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to a'!} persons or propertY because of excessive trciffic, 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 major importance.
7. Will fullY complY with all other requirements of this Code, including a'!} applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the ci!J.
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.
The use is not proposed to change the standards of the CUP as outlined have already been deemed
consistent with all these standards.
Planning Commission
A public hearing was held at the Planning Commission meeting on July 10, 2007. One person spoke
at the public hearing that was with JLT Partnership which is located across the street in the John
Oliver and Associates building. He stated that this is a clean operation and they don't have an issue
with noise, or with what they are proposing at this time. The Planning Commission unanimously
recommended approval as presented.
Recommendation
Staff recommends that the City Council approve the Conditional Use Permit Amendment to allow
up to five cars onsite for the auto dealer license at property located at 568 Dodge Avenue Suite C,
with the following conditions:
1) All conditions of the Conditional Use Permit issued for Case # CU 07-06 shall be in
effect, with exception to Condition #5.
2) No more then five cars related to the business can be stored on site and shall be kept
inside the shop overnight.
3) Hours of operation shall be limited to 7am to 9pm Monday through Saturday.
Respectfully Submitted
S:\PLANNING\Case Files\CUP\CU 07-20 Thue\CC 7 16 07.doc
Case File: CU 07-20
Page 4
Randy Thue
~.~
Sheila Cartney
Senior Planner
Action
Motion by _
Second by _
Vote
Follow Up
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May 21,2007
Dear Elk River Planning Commission,
I am writing to request changes to my current Conditional Use Permit.
Currently:
#5 No more than three vehicles related to the business can be stored on site and shall
be kept inside the shop overnight.
Before we applied for the conditional use permit we completed an application for a used
car dealer's license. The used car dealer's license states that you must have a display area
to hold at least five cars; it does not state that we need approval for five cars.
Since approval for the license and upon inspection by the State Inspector, the State
Licensing Department noticed we are restricted to three vehicles. The State Licensing
Department says we need written approval on our conditional use permit for five vehicles.
So in order to maintain our license we are requesting approval for five vehicles.
Also, I would like to request that we are not required to keep all vehicles related to the
business inside at night.
Additionally, it has come to our attention that we may need to expand our hour of
operation to better serve our customers so we are also requesting that our hours of
operation could change from 8am-5pm to 7arn-9pm. Monday - Saturday.
Please call with questions. 763-633-9283.
Sincer~ .
I[:J,~
Randy Thu:'-r
_ D~~~ED
STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: Randy Thue
Request: Conditional Use Permit to allow an auto detailing, auto brokerage, and preventative
maintenance shop
Case No. CU 07-06
ORDER GRANTING
CONDITIONAL USE
Dodge Holdings, LLC, owner
The above entitled matter came to be heard before the City Council on the 20th of February,
2007, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for
the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES.
2. THE BUILDING SHALL MEET APP APPLICABLE FIRE CODES.
3. MAJOR VEHICLE REPAIR IS PROHIBITED.
4. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY GARY
LEIRMOE, WWfP CHIEF OPERATOR FOR PROPERTY OIL, ANTIFREEZE,
AND OTHER LUBRICANT DISPOSAL. ANY MODIFICATIONS DEEMED
NECESSARY SHALL BE COMPLETED PRIOR TO OPENING.
5. NO MORE THAN THEREE CARES RELATED TO THE BUSINESS CAN BE
STORED ON SITE AND SHALL BE KEPT INSIDE THE SHOP OVERNIGHT.
6. OUTDOOR STYORAGE OF ANY KIND IS PROHIBITED.
7. ALL SIGNAGE REQUIRES APPLICABLE SIGN PERMITS.
8. THE TENANT SHALL CONTROL NOISE BY CLOSING THE OVERHEAD
DOORS WHEN WARRANTED.
9. ALL VEHICLE WORK MUST BE PERFORMED INSIDE THE BUILDING.
DATED this 20th day of February, 2007.
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STATE OF MINNESOTA )
)
COUNTY OF SHERBURNE) ss.
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
CITY OF ELK RIVER
I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year.
Jeremy Barnhart
Planning Manager
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the day of
,2007.
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this _ day of , 2007.
Notary Public
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