PUBLIC HEARING: Adopt Resolution #20-085 Revoking the Conditional Use Permit (CUP) for Truck Garant located at 6021 Highway 10 NW.

The purpose of this case is to review the Conditional Use Permit (CUP) previously issued to Truck Garant for property located at 6021 Highway 10.  The City previously issued a CUP to the business with a number of state conditions which the Permitee is in violation of.  City Staff have attempted to work proactively with the Permitee over the past twelve months in an attempt to be business friendly and provide the Permitee with ample opportunity to comp into compliance. Due to a lack of action of behalf of the Permitee to come into compliance voluntarily, City Staff issued an official notice of violation on March 24th, 2020 indicating the violations present at the property and indicating a need to be in compliance with those violations within 30 days. City Staff inspected the property on April 24th, 2020 and found the property to still be in violation and as a result City Staff have brought it forward to consider revocation of the CUP.

Staff attempted to notify all property owners within 350 feet via standard U.S. mail of the Public Hearing and published the Notice of Public Hearing in the Anoka County UnionHerald.

Observations
The existing CUP issued to Truck Garant was for the purposes of conducting a trucking business from the building in the rear of the property with that structure serving as a dispatch center.  The following were conditions of approval:

1. That no inoperable vehicles or vehicle parts shall be stored outdoors.
2. That no vehicle maintenance or fabrication services are provided to the general public.
3. That no construction material hauled by Truck Garant shall return to the Subject Property for storage for any duration of time.
4. That the Permitee shall provide grading and drainage plans to the City for review and approval prior to any surface parking expansion and/or sidewalk installation.
5. That any restriping or repaving of the parking lot will meet City requirements at the time of updating.
6. That the Subject Property shall have adequate parking for the use before being issued a Certificate of Occupancy.
7. That this Permit shall be perpetual in duration as long as the terms are herein complied with.
8. That the Permitee shall comply with all state, local, and federal regulations.

The Permitee remains in violation of the following conditions:
The Subject Property has significant issues, including inoperable vehicles, oil and other materials streaming into the nearby pond, unlicensed vehicles onsite, unsafe working conditions inside the building, etc.

Staff estimates they have spent approximately 50 - 75 hours attempting to bring the Subject Property into compliance and at least 25 with this current tenant (Truck Garant). There have been various Code Enforcement issues on the Subject Property since 2017.

Alternatives
Alternative 1: Recommend adoption on Resolution #20-085 approving the revocation of the Conditional Use Permit (CUP) issued to Truck Garant to operate from 6021 Highway 10 as a result of violating the stated conditions of approval as noted above.  Staff supports this alternative.

Alternative 2: Recommend that City Staff continue to work with the Permitee to come into compliance with the conditions stated in the Conditional Use Permit (CUP).  Staff is not unsupportive of this alternative however Staff has already spent considerable time working with the Permitee in an effort to gain compliance and is not confident that compliance will be achieved by devoting additional time to the situation.

This case is being handled as part of Staff's regular duties related to code enforcement.

Staff recommends adoption of Resolution #20-085 approving the revocation of the Conditional Use Permit (CUP) previously issued to Truck Garant for the property located at 6021 Highway 10 NW.

Motion to recommend that the City Council adopt Resolution #20-085 approving the revocation of the Conditional Use Permit (CUP) previously issued to Truck Garant for the property located at 6021 Highway 10 NW.