5.1. SR 06-15-2009/J
1
l~Zver
REQUEST FOR ACTION
To Item Number
Ci Council 5.1.
Agenda Section Meeting Date Prepared by
Communi Develo ment une 15, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Consider Revocation of Conditional Use Permit for William
Matthews, Case No. CU 07-15 -Public Hearing Reviewed by
Action Requested
Staff recommends that the CUP be extended for three months, with all improvements being completed
by September 18. If improvements are not completed by that date, staff would strongly recommend that
the CUP be revoked.
Background/Discussion
Mathews Auto originally received a Conditional Use Permit (CU 06-28) for auto sales on the subject
property on November 20, 2006. The CUP listed 16 conditions to be completed. Section 30-656 of the
City Code requires work to be `substantially completed' within two years of the date of issuance or the
permit becomes null and void.
On June 18, 2007, the City Council granted an amendment to the Conditional Use Permit. This
amendment changed the southern access onto the subject property which shares a common drive with
the YMCA. Other changes included allowing two-way traffic on the east side of the building and some
landscaping changes.
On May 19, 2008, staff sent a letter reminding Mr. Mathews of his obligations to be completed and
accepted by November 20, 2008.
On Apri18, the original CUP expired, and staff sent a letter to Mr. Mathews again outlining the issues.
This letter triggered a meeting on Apri123, 2009 between staff and Mr. Mathews.
No action has been taken on completing the work, although the property owner received a permit to
repair the roof on May 1, 2009.
Copies of the Conditional Use Permits and correspondence are attached.
Staff is taking the opinion that the two years expire on June 18, 2009, (two years after the amendment).
Because no work has been completed, the Council could elect to revoke the Conditional Use Permit
effective June 18. If the Council revoked the CUP, the City would notify the State, effectively revoking
their license to sell motor vehicles. Another option the Council could utilize would include granting an
extension of time to allow Mr. Mathews to complete the work. The Council could also require a financial
guarantee as an incentive to complete the work.
S:\PLANNING MAIN\Case Files\CUP\CU 07-IS Ciry of ER Mathews\Revocation update to CC 6-15-09.doc
Staff recommends that the CUP be extended for three months, with all improvements being completed
by September 18. If improvements are not completed by that date, staff would strongly recommend that
the CUP be revoked.
Financial Impact
None
Attachments
^ CU 06-28 dated November 20, 2006
^ CU 07-15 dated June 18, 2007
^ Letter to Mathews, dated May 19, 2008
^ Letter to Mathews, dated April 8, 2009
Action Motion by Second by Vote
FOIIOW Up
S:\PLANNING MAIN\Case Files\CUP\CU 07-15 City of ER Mathews\Revocat{on update to CC G-15-09.doc
STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
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. CU 06-28
Ronald Musich, Owner
ORDER GRANTING
CONDITIONAL USE
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.
16. Site turf shall be established with appropriate irrigation.
DATED this 20~ day of November 2006.
S:\PLANNING MAIN\Case Files\CUP\CU 06-2H Matthews\RecoTding doc.doc
STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER
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,
Minnesota, in the County of Sherburne,
2006.
I have hereunto subscribed my hand at Elk River,
in the City of Elk River, on the day of
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this day of
2006.
OFFICE OF CITY PLANNING
AND ZONING
S:\PLANNING MAIN\Case Files\CUP\CU 06-28 Matthews\Recording doc.doc
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CITY OF ELK RIVER CITY COUNCIL
CONDITIONAL USE
PROCEEDINGS
In the matter of: William Matthews dba Matthews Auto Sales, 13342 Highway 10
(Matthews Properties, LLC -Taxpayer)
Request: Amendment to Conditional Use Permit Case No. CU 06-28 to allow the sale of late
model used cars, trucks and classic cars and classic car restoration
Case No. CU 07-15
ORDER GRANTING
CONDITIONAL USE
Ronald Musich, Owner
The above entitled matter came to be heard before the City Council on the 18~ day of June,
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. 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.
]3. 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.
16. SITE TURF SHALL BE ESTABLISHED WITH APPROPRIATE IRRIGATION.
17. THE CUP IS CONDITIONED ON THE PROPERTY OWNER COOPERATING IN
VACATING THE EXISTING PRIVATE EASEMENT AND ANY OTHER
RELATED ACTIONS THAT MAY BE NECESSARY TO COMPLETE THAT
PROCESS.
18. HEAD IN PARKING SHALL BE INSTALLED ON THE NORTH SIDE OF THE
BUILDING.
DATED this 18~ day of June, 2007.
s:\planning main\case files\cup\cu 07-15 city of er mathews\recording doc.doc
STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER
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.
OFFICE OF CITY PLANNING
AND ZONING
s:\planning main\case files\cup\cu 07-15 city of er mathews\recording doc.doc
Exhibit A
s:\planning main\case files\cup\cu 07-15 city of er mathews\recording doc.doc
r~ r~ '~ r~
l?1,~1~Ei3!!I ~~
. ~ , ~, _~~
.+.~' j
Q f
X
~~~, ~
~ y'"
~ _ x._ r~
,~
~ ~~ ~
z / ~'~.~
s ~ r ~r
^ tip: -~_
~s ~c S~~
... ~..' ,~, .~ .'P ....
~. {{ t
s.a - '~- :.-..
i. ::
.; ,
..
,. I~
.. . ._ i... i.,~
~., ..
;, a._. :,
~, .,..~ r
ss
~..
-f'"
. ..
' _. .~
.-'' °~:
'~?_:::.
~- ' ~;
.,
r
~~; }
~~
i-
~ J
I ay
~"
......
;',~
~w_. ..~. ~..___
City
E
Kier
13065 Orono
Parkway
Elk River, MN 55330
May 19, 2008
Williams Matthews
Matthews Auto Sales
11965 195th Circle NW
Elk River, MN 55330
RE: Conditional Use Permit 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 their review on November 20, 2008. These 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 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. 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 Permit 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.ci.elk-river.mn.us
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 763/635-1034.
Sincerely,
e __~~.
. ..~,
'.
x.
Jeremy Barnhart, AICP
Planning Manager
Phone: 763.635.1000
Fax: 763.635.1090
vvvvw.ci.elk-river.mn.us
xiver
13065 Orono
Parkway
Elk River, MN 55330
April 8, 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:
On November 20, 2006, at your request, the City Council granted a Conditional Use Permit for the subject
property to operate an auto sales business. As part of this Condirional Use Permit, several conditions were
attached. These improvements 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 Permit is attached.
In May, 2008, I sent a letter to you, outlinuig what remained to be completed. The purpose of the letter
was to remind you of your obligations, and to take advantage of the construction season prior to expiration
of your Conditional use Permit.
On 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 City Engineer shall be addressed. No, as no site il~rovetnents have been.
completed.
2. The building shall meet all applicable building codes. No lsuildinl; permits lave bee~~i ptallecl
for anv macliftcat:ic>.r.~.s.
3. 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. So.txxe vehicles appear to be on city propert:}'.
5. No vehicles shall be parked in the public right-of--way or on sidewalks. Sogne vehicles appear to
be on city propertiti-.
6. No outdoor storage shall be allowed..l..arge hauling trailer stored on snaztl~ side of b~~ilclitlg
All vehicle maintenance and/or restoration shall occur within the building. A jeep with. no
~~-heels or other important body parts is displayed outside, in additian to a truck chassis u-ith Ito
crab.
8. Trees shall be planted on the property, as indicated on Staff Exhibit "A". Not cc7rnpleted
All sign permits 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. C.)K
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. OIL
12. All for-sale vehicles shall be delivered to the site under their own power. This does not ap~>ear
to be completed.
13. One-way traffic internal to the site will need to be signed accordingly. Nc~t colxaplete
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 for the subject property. Revoked
16. Site turf shall be established with appropriate irrigation. Not cc>tnpleted
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 Permit for the property, subject to the
procedure outlined in Section 30-659 of the City Ordinances.
If you have questions, please do not hesitate to contact me at 763/635-1034.
Sincerely,
c
~~
l°
Jeremy Barnhart, AICP
Planning Manager
Cc: Lori Johnson, City Administrator
Phone: 763.635.1000
Fax: 763.635.1090
vwvw.ci.elk-river.mn.us
S:\PLANNING MAIN\Case Files\CUP\CU 06-28 Matthews\Letter to Mathews RE CUP conditions 4-8-09.doc
06; 11/2009 15:13
763-441-1053
SOLID ROCK CHURCH
Matthews Auto Body
13342 Highway 10 * P.O Box 89
Elk River, MN 55330
3'el: 763-633-2655 * Pax: 763-633-2656
Cell: 612-802-5690
June 11, 2009
Mr. Jeremy Barnhart
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
llear Mr. Barnhart,
PAGE 02/02
~~iSl~g
~~
.~. l .
Thank you again fox meeting with me on ~pri123, 2009, and for ttae lcttcr delivered on June 10,
2009.
I will address all of these issues at the city council meeting on lvlonday, June 15`h. We are
currently working on all 16 items. Some have already been remedied and 1 have a schedule for
tl~e test.
In your letter 1 received ozz June 10, 2009, you gave a date of September 18`" fox completion of
projects. 1 would like to request time be extezzded until October 2, 2009_ I believe this would
give us sufficient time to coordinate all of the contractors necessary to complete all phases.
I would like to also inform you that I still have not received the amended site plaza from wither
the city or from Bogart-Pederson. I have the small drawing of the site plan that you provided,
but my understanding was that T wa.s to receive the full scale plans 1 could give to; the concrete
and blacktop contractors. Please let zxa.e know about this.
Sinc~r~y,
Y
Bill Matthews
W NM:rpr
4
RESPONSE TO CITY'S REQUEST
Dear City Council & Honored Mayor,
I want to apologize to the. City Council and Mayor that the conditions of
my conditional use permit have not been met. I would like to explain
why.
Basically .three reasons:
1. On August 9t", .2007 (city paper June 18, 2009), I entered .into an
agreement .with the city of Elk River to amend. my property lines,.
in co-operation with the YMCA project, and as a result of that
agreement, I .was to receive an amended site. plan. This site plan
would show the new lot lines and dimensions of my property and
would be necessary for blacktop and curb work. I have not yet
received these. I waited through the first summer knowing how
long it can take for drafter to produce site plans. I could have
called, I did not.
2. Mailings were sent to the wrong address; April 8, 2009, May. 19,
2008.
3. By the fall, my wife hadbecome extremely ill. My wife of 36
years started a battle with cancer in 2005, had a disappearance of
cancer and then in the fall of 2009, cancer was again found in her
body. I spent most of my time and resources helping her and
became increasingly distracted and involved in this process.
Between the church I pastor and my wife's health, I let some
things slip.. She did go to Heaven this April. We have always
intended to have these projects completed: by this summer.:.
Concerning the 16 conditions of my use permit, many of them have
already .been addressed.
1. Could not. complete without revised site .plan..
t
2. Walk through with building inspector - said no permits were
necessary if we did not change things (structurally) -call to
.building inspector about specific things - sheetrock damage, paint,
toilet repair, did not need permits. General repair or maintenance -
no permit. I was informed recently I should have received a permit:
for removing temporary walls. I am sorry. I can still request
.permit if you would like.
3. Fire codes - I have not contacted the Fire Marshall -
Misunderstanding. on my part .from the building inspector. I will
do this. .
4. We have moved the vehicles to within our property lines and. have
parked them according to designated parking areas in site plan.
5. Same
6. No outdoor storage to my understanding was about cars we were
working on. No trailers that are for sale. I have moved these
trailers.
7. We do not work on vehicles outside. The Jeep is my sons and was
retrieved from a previous owner of 38 years. Tires rotten and
could not be moved -has been since removed from property.
Truck frame was a rare older 4x4 Ford frame that was/is for sale.
Had a price on it and posted on our web page and Craigslist for
sale. I have removed this also.
8. To be completed this summer after dirt work, etc.
9. Ok
10. Ok
11. Ok
12. In the nature. of our business, older cars. -some have to be
trailered. Most are unloaded elsewhere and driven to the lot..
13. Changes to 2-way traffic is a sign necessity. - because of
amendment.
14. New :roof is almost completed -see pictures -painting and
trim in next few weeks.
15. Question?
16. Completed by October 30, 2009
I would like to say in summary that we are a great asset to the city of Elk
River. Over the last 2 i/2 years we've had approximately 300+ car sales.,
not to mention shop repair and. restoration, from many. different states.
including Minnesota. We have a constant flow of people from many
areas (other states) that come to look and browse at our collector cars.
Most stay a significant tinge and eat at restaurants .and shop at our local
stores. One Saturday morning this summer before lpm, I had 78 people
look at our cars and. shop area. We support our local businesses as much
as possible. I purchase many parts from NAPA, Elk River Ford, Saxon
Motors, O'Reilly's, Elk River Exhaust, Precision Frame, Rockwoods,
Daddy O's, Menards, Home Depot, Amoco Fuel, and more. We bank
locally at the Bank of Elk River in all our accounts. We are a profitable
business today and have multiple employees (up to 10). It seems to me
in these days of trying economic times, it would be a poor business
move of this council to eliminate a business that is helping and
supporting other businesses in our city.
Lastly, I .would like to ask for an extension on my conditional use permit
to complete the work. I am requesting until October 30 2009. Thank
you for your consideration.
Sincerely,
Bi1LMatthews