The URL can be used to link to this page

5.7. PCSR 07-10-2007REQUEST FOR ACTION To item Number Plannin Commission 5.7 Agenda Section Meeting Date Prepared by Planning Items July 10, 2007 Sheila Cartney, Senior Planner Item Description Reviewed by Randy Thue is requesting approval of an amendment to his erem Barnhart, Plannin Mana er conditional use permit # CU 07-06. Public Hearing Case # Reviewed by CU 07-20. Action Requested Staff recommends that the Planning Commission recommend approval of 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 the five cars related to the business can be stored on site and shall be kept inside the shop overnight. Background/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 Case File: CU 07-20 Page z General Information Randy Thue A licant Randy Thue 60 Day Rule The application has been deemed complete as of June 22, 2007. The Ci must take action by Au st 21 , 2007 Re nested Action Conditional Use Permit Amendment Location and Size 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 Re4ulations Conditional Use Permit S:\PLANNING\Case Files\CUP\CU 07-20 Thue\PC 7 10 07.doc Case File: CU 07-20 Page s Randy Thue The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. mill not endanger, injure or detrimentally affect the use and enjoyment of otherpropery in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. 2. I-Ylill be consistent with the comprehensive plan. 3. 1-Ylill not impede the normal and orderly development and improvement of surrounding vacant propery. 4. Weill 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 tra~c congestion or interference with tra~c on adjacent and neighboring public thoroughfares. 5. 1~ill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. 1-Ylill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. lY>ill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations ox 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. Recommendation Staff recommends that the Planning Commission recommend approval of 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 the five cars related to the business can be stored on site and shall be kept inside the shop overnight. Respectfully Submitted Sheila Cartney Senior Planner Action Motion by Second by Vote Follow Up S:\PLANNING\Case Files\CUP\CU 07-20 Thue\PC 7 10 07.doc r.ll~:~'~ River Case Number: CU 07-20 THUS 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 Sam-Spm to lam-9pm. Monday -Saturday. Please call with questions. 763-633-9283. Sincerely, Randy Thue C , `E R~'C~I~~C~ ~~ ~--~--~ .~~ :. .~ _ ~ ~, f a ~ ~: a ',~ ~, ~,, ~n,, t - ~ ~ { /~ I l J 11 I X~IlBTT A~. ~ , LEGAL D CRIPTION O ~ PREMISES i ~~ ~ ~~ ~Y ~'~ ~-- i '" ~3 --~ ~ . .~ ~ ' -': :, ,.. ~% 8 _1 Y=om . i 1 Page 1 of 1 j Shop # ~...~~.~~CC'~,1t C.~ ~,~~~