6.3. SR 09-17-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Community Development
Meeting Date
September 17, 2007
Item Number
6.3.
Prepared by
Jeremy Barnhart, AICP
Plannin Mana er
Reviewed by
Item Description
Request by AJ's Complete Automotive for Conditional Use
Permit for Automotive Repair Shop, Case No. CU 07-24-
Public Hearing
Reviewed by
Action Requested
Staff and the Planning Commission recommend denial of the CUP request for AJ's Complete
Automotive for used car sales due to insufficient parking on site to satisfy the parking requirements for
the added vehicles and the standards for Conditional Use are not met.
Should the City Council wish to approve the use as presented, staff would encourage the Council to
consider conditions, including:
1. No parking on the green space between the parking lot and Highway 169 unless that lot is
paved with asphalt or concrete and concrete curb and gutter installed.
2. No more than five (5) vehicles may be offered for sale.
3. All signage shall be consistent with the sign ordinance.
Summary
The Planning Commission reviewed the proposed Conditional Use Permit to allow for sale up to 5
vehicles at AJ's Automotive at their meeting on September 11, 2007. In the analysis of the application,
staffs opinion was that there was insufficient parking available necessary to satisfy the demand created by
the existing successful businesses and the addition of another business component. Being at the end of a
dead end street, there is little opportunity for parking relief should the parking lot become full. These
customers would have no choice but to utilize adjacent areas, hampering their use. For this reason, staff
felt the proposed use did not satisfy the standards for granting a Conditional Use Permit.
Planning Commission Discussion
The Planning Commission considered several alternatives to denying the proposal, including limiting the
number of vehicles offered for sale, and requiring improvement on adjacent property to provide
additional parking. Ultimately, the Commission discarded those options because the State, in the
licensing requirements, requires a minimum of 5 vehicles and the Commission felt uncomfortable
compelling improvements on an adjacent property.
S:\pLANNING\Case FiIes\CUP\CU 07-24 AJ's Complete Automotive\CC request for action- AJ Automotive.doc
Public Comment
Amy Larson, applicant, voiced her belief that parking was not an issue and that the application should be
approved. She stated that the majority of the cars utilizing the unimproved green area immediately to the
east were Abra cars, and they will relocate to their new building later this fall.
No other comments were received for or against.
Attachments
.
Staff Report to Planning Commission dated September 11,2007.
Additional Attachments
Since the Planning Commission meeting, the applicant has submitted additional materials in support of
their Conditional Use Permit:
.
Letter from property owner, John Weicht, dated September 12, 2007
Revised narrative, dated September 12, 2007
.
Action
Motion by _ Second by _
Vote
Follow Up
S:\PLANNING\Case FiIes\CUP\CU 07-24 AJ's Complete Automotive\CC request for action- AJ Automotive.doc
FILE COpy
City of Elk River
REQUEST FOR PLANNING COMMISSION
ACTION
Agenda Section
Item Number
5.4.
Prepared by
Jeremy Barnhart, AICP
Plannin Mana er
Item Description Reviewed by
Request by AJ's Complete Automotive for Conditional Use Scott Clark,
Permit approval to sell vehicles. Case Number CU 07-24 - Community Development
Public Hearl Director
MN Statute 15.99 (60 day rule) status: The application has been deemed complete as of
August 13, 2007. The City must approve, approve with conditions, or deny or extend the
review timeline b October 13, 2007.
Meeting Date
September 11, 2007
GENERAL INFORMATION:
A plicant:
Requested Action
Location and Size:
AJ's Complete Automotive
Conditional Use Permit to allow car sales
Approximately 2.91 acres west of US highway
169, north of Main street, adjacent to the Pizza
Hut restaurant.
Location Existing Land Use Land Use Plan Designation Current
Zoning
Property in Commercial Highway Business C-3
Question
North Guardian Angels Publici Semi Public PUD
South Burger Time Highway Business C-3
East US Highway 169 -- C-3
West Guardian Angels Publici Semi Public PUD
Case File: CU 07-24
Page 2
AJ Complete Automotive
Elk River Auto Mall
I ntrod uction
'"'
AJ's complete automotive desires a Conditional Use Permit that would allow them to offer vehicles
for sale at their property at 279 Carson Street.
Attachments
.
Location Map
Applicants narrative
Site Plan
.
.
Action Reauested
Recommendation of denial for AJ's Complete Automotive, because there is insufficient parking on
site to satisfy the parking requirements for the added vehicles.
Should the Planning Commission wish to approve the use as presented, staff would encourage the
Planning Commission to consider a couple of conditions, including:
1. No parking on the green space between the parking lot and Highway 169 unless that lot is
paved with asphalt or concrete and concrete curb and gutter installed.
2. No more than 5 vehicles may be offered for sale.
3. .lill signage shall be consistent '-\~th the sign ordinance.
Planning Commission Action Motion by _
Second by _
Vote
Follow Up
Overview
AJ's Complete Automotive requests a Conditional Use Permit to sell vehicles on the property they
lease at 279 Carson Street. Elk River Auto mall is the property owner, represented by John Weicht.
Applicable Reaulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
S: \PLA...>.JNING \ Case Files \ CUP\ CU 07-24 AJ's Complete Automotive \Staff report to PC 9-11-07.doc
Case File: CD 07-24
Page 3
AJ Complete jl..utomotive
Elk River Auto Mall
1. Wzll not endanger, injure or detrimentallY affect the use and enjqyment ~f other propertY in the immediate
vicini!) or the public health, safe!), morals, comfort, convenience or general welfare of the neighborhood or the
d!).
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 served adequatelY by and will not adverselY affect essential public jaczlities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer -FYstems, parks and schools; and
wzll not, in particular, create traffic congestion or inteiference with traffic on acfjacent and neighboring public
thoroughfares.
5. T17ill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to af!)' persons or propertY because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natura/, scenic or historic feature of mqjor importance.
7. Wzll ful[y complY wz'th all other requirements of this Code, including a'!)1 applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the d!).
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.
In the review of the standards for C(JP as outlined, it appears that the addition is consistent with all
of these standards.
Analysis
The original OJP allowing the construction of the building was approved in 1994 (CD 94-11).
Concerns raised at that time included the loss of green space, parking of vehicles outdoors over
night.
As was then, the general concern with automotive oriented business is generally the provision of
adequate parking, display areas.
Comprehensive Plan
The existing and proposed land use is consistent with the Comprehensive Plan, as a Highway
Business.
Transportation! ParkinQ
Streets - Access to the site will be via the northern leg of Carson Street, north of Main street. There
is no other access point.
Parking - On the subject property, there are 5 auto-oriented businesses, including a Tires Plus, Abra,
and Enterprise Rent-a-Car. While the Abra is expected to move with their new building at the
comer of Co Rd 13 and 3rd Street, a like use is expected to use the vacated space in the future.
Recent inspections indicate that there is insufficient parking to meet the demand of the businesses in
the area. It was noted that approximately 15-20 cars were parked on the former grass area east of
S:\PL'lNNING\Case Files\CUP\CU 07-24 AJ's Complete Automotive\Staff report to PC 9-11-07.doc
Case File: CU 07-24
Page 4
AJ Complete Automotive
Elk River Auto Mall
the building, and that there was very little available parking in the regular lot associated with the
building. Adding 4-5 new cars for display would decrease the available parking even more.
It appears that there is some agreement with the owner of the Pizza Hut lot to park on their
property, which includes the green space (now covered with gravel) between the parking lot and
Highway 169.
Utilities
There is no anticipated impact on the utility network associated with this proposal
Recommendation
Staff supports a Planning Commission recommendation as outlined above.
S:\PLANNING\Case Files\CUP\CU 07-24 AJ's Complete Automotive\Stliff report to PC 9-11-07.doc
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Location Map
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Case Number: CU 07-24
Aj's AUTOMOTIVE
MAR-18-2001 01:39
DOWNTOWN JAGUAR
P.02
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DATE ~CEIVED
9//3 7
I '7(B
July 30, 2007
Re: Dealer Licensing at the Elk River Auto Mall Location.
To Whom it May Concern:
Detailed Description/scope of proiect. We intend to use the dealer licensing to purchase cars for our
clients. We want to be able to buy discount cars to repair and sell to our customer base. We only
intend to have 4-5 cars in our lot at a time. We do not have intentions of having a car lot on the
prem ises.
Hours of Operation:
Monday - Friday
7:00 a.m. - 6: 00 p.m.
Saturday
8:00 a.m. -12:00 p.m. Noon
Number of Employees: We currently employee 3 full time Technicians.
Number of parking stall, existinf; and additional: We currently have 22 parking stalls in front of the space
we are leasing.
Is there proposed screening ofthe site: N/A
Proposed buildin~ materials: N/A
Signage: We currently have signage on the building.
Is there outdoor storage: No
What are the impacts to the site: None
MAR-18-2001 01:39
DOlJNTOlJN JAGUAR
P.03
Interim Use Permits: Permanent
What are the reasons for the proposed Ordinance Amendments: N/A
What is the purpose of the Easement Vacation: N/ A
What has changed to warrant the Land Use and/or Zone Change: NI A
How compantible is it with surrounding properties: Auto Mall which includes: Tires Plus - Abra Auto
Body - Kennedy Transmission - Enterprise Rent-a-Car.
Why the rezoning of a develooment to PUD is being requested: N/A
TnTr'\/ i""'l l"A'":'
APR-22-2001 01:15
\J Q I'" . I L. ~ 100' "', V' I ." In
DOWNTOWN JAGUAR
....... ..-....... - ...._-.._~--
ELI( RIVER AUTOMALl, LLC
P. O. Box 368
Elk River, Minnesota 55330
Telephone: (763) 633-3600 Fax: (763) 633--3601
September 12, 2007
A J's Complete Automotive
279 Carson Avenue
Elk River, MN 55330
Dear Amy Larson,
Re: Additional parking
When the Elk River AutomalJ complex was con5tr~ted, more parking was put in
than city ordinance required. Also, Elk River Automa/l, LLC has use of twenty
one (21) parking spaces in the Pizza Hut north parking lot by Easement
Do.cument Number 22665 dated October 28, 1988.
Abra has oU1grown our building. They are currently using green space for
additional parking. This will be resolved in October 2007 when they move into
their new 18,000 square foot building. Their space in our building is only 5,616
square feet (As you can see, they are taking more parking than allotted
because they are too big for their space.) .
We support your auto brokerage license, as this will allow you a better edge on
the competition. You have stated that you do not plan to have a usedcar lot on
this property.
When Abra moves parking will be adequate to hold your new business venture.
Let us offer, in advance,our congratulations and best wishes for a long and
successful business.
Sincerely~
John C. Weicht
Vice President
P.02
TOTAL P.02
279 CARSON ST. EL.K RIVER, MN 55330
September 12, 2007
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To Whom It May Concern:
I am submitting a new narrative for the next City Council meeting September 17, 2007. I will be addressing concerns the
council brought to the table at the September 11, 2007 meeting.
1. Dealer Licensing at AJ's Complete Auto. I would like to clarify that we intend to be a Wholesaler/Broker for
customers. I believe that this was not clarified in my first narrative. We do not intend to have 5 cars on the lot at
all times as a dealership would. This was never our intention. That is why we do not require signage at our building
site because we will not always have vehicles for sale or sitting in front of our building. As was discussed at the
council meeting we do need to be allowed 5 cars in order to get a license. We may not have any vehicles on the lot
or we may have 2 cars. We only want to make available to our customers the option of helping them find a car.
2. The green space was discussed heavily at the meeting. This does not apply in our case. We are able to store up to
12 cars in our shop and we do not leave vehicles outside of the shop at night. We do not use the green space for
parking our customer cars or any car purchased to sell currently.
3. We do not intend for the parking lot in front of our building becoming a car lot. We will only be buying cars on an
as needed basis. If there is not request from a customer we will not be buying vehicles. Which in turn there would
not be cars in the lot or being displayed in front of our building. We have 22 spaces in front of our building
currently and we do not have them full most of the time.
4. I would also like to offer that the council be open to the length of time the conditional use permit would be in
force. We would be open to the conditional use permit following our lease agreement. We currently have a 5 year
lease with the Elk River Auto Mall. Perhaps the conditional use permit could allow us use during our lease period
and if we continue our lease it would still be in affect until we relocate.
We feel the council should reconsider our request for a dealer license. We believe that having the licensing under the
above conditions there should not be a problem with the parking lot and we will be able to accommodate our customers
better in the future. They trust us and our business ~ we want to provide our customers with the best service, great repair,
and a way to find a vehicle if it is needed. I can't think of a better way to serve them then to give them a full service shop.
If you have any other questions or concerns please feel free to contact me at 763-441-9190 at any time.
Sincerely,
~~
Amy Larson
Owner
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JOHN C. WEICHT AND AsSOCIATES
~ P.O. BOX 368
W ElK RIVER, MN 55330 ..
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DESIGN P~~~~7~3~3~;~~,00 ,.,
BUILD welchtassoc@sherbletnet
www.lohncwelchlassoc.com
ELK RIVER AUTO
MALL REMODEL
279 Carson Street
Elk River, MN 55330
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PAUL MEYER
ARCHITECTS, INC.
15650 361h Ave, N. #170
PLYMOUTH. MN 55446
(763)-ti57-90B1
I'AX 557-9233
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I hereby certify that Ihls plan, speclncalion, or REVISION DATE REMAf.U(S
report, was prepared by rne or under my
direct supe,vislon and Ihall am'a duly
Licensed Archilect under Ihe laws of Ih~ slale
01 Minnesota.
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