6.6. SR 04/20/2009REQUEST FOR ACTION
To Item Number
Ci Council 6.6.
Agenda Section Meeting Date Prepared by
Communi Develo ment A ri120, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Consider Revocation of Conditional Use Permit for William
Matthews (Matthews Auto Sales) -13342 Highway 10, Reviewed by
Case CU 06-28
Action Requested
Staff recommends the Council initiate revocation of the above described conditional use permit
for failure to satisfy conditions of approval.
Background/Discussion
In November, 2006, the City Council approved a conditional use permit (CUP) allowing
Matthews to operate an auto sales business at 13342 Highway 10, immediately west of the then
proposed YMCA. The conditional use permit included several conditions designed to improve
the safety of patrons of the site as well as improve the appearance of the site. The original CUP is
attached for reference. As a condition of all conditional use permits, all improvements need to be
completed within two years of the date of approval of the CUP.
On May 19, 2008, staff sent a letter reminding Matthews of his obligations and the two-year limit
on completion, recognizing that only one `building season" remained to accomplish the work. A
copy of this letter is attached.
Earlier this month, after receiving complaints, staff completed an inspection of the premises,
noting that no work had been completed. In response, staff sent a second letter on Apri18, 2009,
asking for a schedule of completion and informing him that the update would be forwarded to
the City Council. A copy of this second letter is attached. To date, staff has not received a
response from Mr. Matthews to either letter.
The Council has options relative to this issue, including the following:
• Extend the conditional use perrnit (not requested by the applicant at this time)
• Revoke the conditional use permit, following the procedure outlined in the City
Ordinance, after a hearing)
Staff requests direction on this issue.
Attachments
• Original CUP
• Staff letter dated May 19, 2008
Action Motion by Second by Vote
Follow Up
Office of the Registrar of Titles
Sherburne County, MN
Doc. No. 39847
Certified filed and/or recorded on
01-23-2007 at 01:25
Cert.: 6306
Michelle Ashe, Registrar of Titles
By~~eputy Fee: $ 46.00
IVNIINII~NIIU~IN~II
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER CI'T'Y COUNCIL
CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: William Matthews dba Matthews Auto Sales, 13342 Highway 10
(Matthews Properties, LLC -Taxpayer)
Request: Conditional Use Permit to allow the sale of late model used cars, trucks and classic
•• ^^ cars and classic car restoration, Case No. C[I 06-28
~.d,
ORDER GRANTING
CONDITIONAL USE
Ronald Musich, Owner
°'r The above entitled matter came to be heard before the City Council on the 20th day of
November 2006, on a petition for a Conditional Use pursuant to the City of Elk River Zoning
Ordinance, for the following described property:
See Attached Exhibit
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. All comments of the City Engineer shall be addressed.
2. The building shall meet all applicable building codes.
3. The building shall meet all applicable fire codes.
4. All vehicles shall be parked on an approved surface (not landscaped areas)
within the property per setback requirements.
5. No vehicles shall be parked in the public right-of-way or on sidewalks.
6. No outdoor storage shall be allowed.
7. All vehicle maintenance and/or restoration shall occur within the building.
8. Trees shall be planted on the property, as indicated on Staff Exhibit "A".
9. All sign permits shall be obtained prior to any signage being installed.
10. Advertising on the vehicles shall be limited to one sign per vehicle not
exceeding 94 square inches.
11. 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.
12. All for-sale vehicles shall be delivered to the site under their own power.
13. One-way traffic internal to the site will need to be signed accordingly.
14. The remainder of the roof and building shall be painted.
15. The Interim Use Permit at 13479 Business Center Drive shall be revoked six
weeks after a Certificate of Occupancy is issued for the subject property.
1&. Site turf shall be established with appropriate irrigation.
DATED this 20~h day of November 2006.
S:\PLANNING\Case Files\2006\CUP\CU 06-28 Matthews\Recording doc.doc
STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
I, Chris Leeseberg, Park Planner 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 an 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.
Chris Leeseberg
Park Planner
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Mesota, in the County of Sherburne, in the City of Elk River, on the ` `'`~ day of
/-e,~,~~~ , 2006.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
Elk River, Minnesota 55330 this f~ day of ~ ~'~A., 2006.
l ~ i
~. DEBORAH KAY HUEBNER
`~" ?`>`~e' , P!OTARY PUBLIC -MINNESOTA
\1y Commiss~oo Expires Jan. 31, 2010
S:\PLANNING\Case Files\2006\CUP\CU 06-28 Matthews\Recording doc.doc
' ~ Escrow Fete No.: U633152
. '
EXHIBIT "A"
All that part of the Southeast Quarter of the Northwest Quarter sad part of the Northeast
Quarter of the Southwest Quarter of Section 32, Township 33, Range 2b, Sherburne
County, Minnesota, lying Northerly of Old Highway No.10, which is known as the Elk
River to Big Lake Road and lying Southeasterly of U. S. Highway No. 10 as now laid out
and traveled and West of a line described as follows: Beginning at the intersection of the
Northerly line of Old Highway 10 {Elk River to Big Lake Road) and a line drawn parallel
with and 791.24 feet West of the North and South -Quarter line of Section 32, measured
along the East and West Quarter line of said Section 32; thence North parallel with said
North and South Quarter line 305.45 feet; thence West at right angle 129.53 feet; thence
deflect 59° Sb' 30" to the right to intersect the Southeasterly right-of--way line of said U.S.
Highway No. 10 and there terminating.
EXCEPTING THEREFROM: That part of the Southeast Quarter of the Northwest
Quarter and of the Northeast Quarter of the Southwest Quarter of Section 32, Township
33, Range 26, Sherburne County, Minnesota, lying Northerly of the northerly line of the
Old Highway No. 10, which is known as the Elk River to Big Lake Road and lying
Southeasterly of U. S. Highway No. 10 as now laid out and traveled and west of a Gne
described as follows: Commencing at the northwest corner of said Northeast Quarter of
the Southwest Quarter; thence south along the west line of said Northeast Quarter of the
Southwest Quarter, a distance of 11.15 feet to said northerly line of Old Highway IO which
is known as Elk River to Big Lake Road; thence east slang said northerly line deflecting
87° 45' 39" left, a distance of 347.23 feet to the beginning of said line to be described;
thence north deflecting 92° 20' 59" left a distance of 333.18 feet to the southeasterly line of
said U. S. Highway No. 10 and said line there terminating.
Together with anon-exclusive 66 foot road easement, the west, south and southwesterly line
described as beginning at the intersection of the Northerly line of Old Highway No. l0 (Elk
River to Big Lake Road) and a line drawn parallel with and 791.24 feet West of the North
and South Quarter line of said Section 32: thence North parallel with the North and South
Quarter line 305.45 feet; thence West at right angle 129.53 feet; thence deflect 59 degrees 56
minutes 30 seconds to the right to intersect the Southeasterly right-of--way of U.S. Highway
No. 10 and there terminating.
ver
13065 Orono Parkway
Elk River, MN 55330
May 19, 2008
Williams Matthews
Matthews Auto Sales
11965 195's Circle NW
Elk River, MN 55330
RE: Conditional Use Pemut CU 06-28
Dear Mr. Mathews:
As we enter the 2008 construction season, I wanted to remind you of the yet to be resolved conditions
imposed by the City Council at weir review on November 20, 200~bThese conditions are attached for
your reference.
1. All comments of the City Engineer shall be addressed.
2. The building shall meet all applicable building codes.
3. The building shall meet all applicable fire codes.
4. All vehicles shall be parked on an approved surface (not landscaped areas) within the
property per setback requirements.
5. No vehicles shall be parked in the public right-of-way or on sidewalks.
6. No outdoor storage shall be allowed.
7. All vehicle maintenance and/or restoration shall occur within the building.
8. Trees shall be planted on fhe property, as indicated on Staff Exhibit "A".
9. All sign pemvts shall be obtained prior to any signage being installed.
10. Advertising on the vehicles shall be limited to one sign per vehicle not exceeding 94 square
inches.
11. 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.
12. One-way traffic internal to the site will need to be signed accordingly.
13. The remainder of the roof and building shall be painted.
14. The Interim Use Pemut at 13479 Business Center Drive shall be revoked six weeks after a
Certificate of Occupancy is issued for the subject property.
15. Site turf shall be established with appropriate irrigation.
Phone: 763.635.1000
Fax: 763.635.1090
www.c i.elk-rive r. mn. u s
Please make arrangements to have these items completed and accepted by November 20, 2008. If you
have questions, please do not hesitate to contact me at 763 j635-1034.
Sincerely,
f~ { „~
~r'
Jeremy Barnhart, AICP
Planning Manager
Phone: 763.635.1000
Fax: 763.635.1090
vvww.ci.elk-river.mn.u s
ver
13065 Orono Parkway
Elk River, MN 55330
Apri18, 2009
Williams Matthews
Matthews Auto Sales
11965 195 Circle NW
Elk River, MN 55330
RE: Conditional Use Permit CU 06-28 (13342 Hwy 10)
Dear Mr. Mathews:
C-n November 20, 2006, at your request, the City Council granted a Conditional Use Pemut for the subject
propertyto operate an auto sales business. As part of this Conditional Use Permit, several conditions were
attached These improvemerns are required to be completed within 2 yEars of issuance of the Conditional
Use Permit, or until November 20, 2008. A copy of this Conditional Use Perxrrit is attached.
In May, 2008, I sent a letter to emu, outlining what remained to be completed The purpose of the letter
was to remind you of your obligations, and to take advantage of the constnaction season pnor to expiration
of fur Conditional use Permit.
C+n April 8~, 2009, city staff inspected the property and found that several of the conditions were not
completed or adequately addressed:
1. All comments of the CityErrgineer shall be addressed. No, as no site impravements have been
completed.
2. The building shall meet all applicable building codes. No building permits have been pulled
for any modifications.
The building shall meet all applicable fire codes. No building permits have been pulled.
4. All vehicles shall be parked on an approved surface (not landscaped areas) within the property
per setback requirements. Some vehicles appear to be on city property.
No vehicles shall be parked in the public right-of-way or on sidevv~alks. Some vehicles appear to
be on city property.
6. No outdoor storage shall be allowed, Large hauling trailer stared on south side of building
7. All vehicle maintenance and/or restoration shall occur within the building. A jeep with no
wheels or other important body pans is displayed outside, in addition to a truck chassis with no
cab,
Trees shall be planted on the property, as indicated on Staff Exhibit "A". Not completed
9. All sign pernuts shall be obtained prior to any signage being installed. Completed
10. Advertising on the vehicles shall be limited to one sign per vehicle not exceeding 94 square
inches. OK
11. No signage and/or decorations of anytype, such as but not limited to, banners, pennants,
festoons, painted windows and balloons shall be allowed on the vehicles. OK
12. All for-sale vehicles shall be delivered to the site under their own power. This does not appear
to be completed.
13. One-waytraffic internal to the site will need to be signed accordingly. Not complete
14. The remainder of the roof and building shall be painted. Not completed
15. The Interim Use Permit at 13479 Business Center Drive shall be revoked six weeks after a
Certificate of Occupancy is issued forthe subject property. Revoked
16. Site turf shall be established with appropriate irrigation. Not completed
Please contact me as soon as possible to outline your schedule for completing this work I anticipate giving
an update to the City Council on April 20, 2009. If they feel your schedule does not accomplish the
obligations satisfactorily, they may revoke the Conditional Use Perrrrit for the property, subject to the
procedure outlined in Section 30-659 of the CiryOrdinances.
If you have questions, please do not hesitate to contact me at 763/635-1034.
Sincerely,
~`
JeremyBatzrhart, AICP
Plarrnirrg Manager
Cc: Lori Johnson, City Administrator
Phone: 763.635.1000
Fax: 763.635.1090
www.ci.elk-river.mn.us
S:\PLAIVNING MAIN\Case Files\CUP\CU 06-28 Matthews\Letterto Mathews RE CUP conditions 48-09.doc