Adopt Resolution #20-085 Revoking the Conditional Use Permit (CUP) for Truck Garant at property located at 6021 Highway 10

The purpose of this case is for the City Council to consider revoking the Conditional Use Permit (CUP) issued to Truck Garant to operate from 6021 Highway 10 NW. The City previously issued a CUP to the business with a number of stated conditions which the Permitee is now 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, 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 Permittee 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 Permittee shall comply with all state, local, and federal regulations.

The Permittee remains in violation of the following conditions:
Further, the City's Building Official and Fire Marshal have expressed concerns about the health and safety of this operation due to multiple violations of Building Code and Fire Code and strongly recommend corrective measures. Unfortunately, this has been an ongoing issue since the business occupied the space and it is unlikely that the business will be able to comply with regulations.

Alternatives
Alternative 1: Adopt 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: Do not adopt Resolution #20-085 and direct City Staff to continue to work with the Permittee 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 Permittee 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 normal Staff duties.

At their May 7, 2020 Meeting, the Planning Commission recommended adoption of Resolution #20-085 Revoking the Conditional Use Permit (CUP) for Truck Garant at property located at 6021 Highway 10.

Motion to adopt Resolution #20-085 revoking the Conditional Use Permit (CUP) for Truck Garant at property located at 6021 Highway 10 NW.