PUBLIC HEARING: Consider Resolution #21-219 Granting a Conditional Use Permit (CUP) and Declaring Terms Agreement at 7127 Highway 10 NW; Case of Ron Touchette

Initiated by a Code Enforcement case from 2020, the Property Owner has applied for a Conditional Use Permit (CUP) for expansion of the lawful, nonconforming footprint of the auto sales operation onsite. The Subject Property has current City Code violations of off-street parking, work without a permit, and expansion of the lawful, nonconforming uses without applying for a CUP; a permit which is otherwise required in the H-1 Highway 10 Business District per City Code. The Subject Property is North of Highway 10 and East of Ramsey Blvd. 

The Applicant is requesting to expand the physical footprint by increasing the parking area in the rear, and increasing the number of tenants and the types of businesses on the Property. At this time, the site has five (5) tenants; four (4) only auto sales, and one (1) auto repair and sales. The Applicant would like to increase the number of tenants to nine (9), with one tenant being Top Ten; a miscellaneous business not related to auto sales or repair. The tenant, Top Ten, does not have a Ramsey Business Registration Certificate (BRC). Without the BRC, there is no evidence this business has lawful nonconforming rights and would need to be approved in this CUP request.

Top Ten Industries will need to comply with the H-1: Highway 10 Business District outdoor storage. In accordance with Section 117-120, as follows:

Additional accessory use: Outdoor storage for materials and equipment accessory to the principal use under the following conditions:
a. Shall not constitute more than 20 percent of the gross lot area.

b. Shall be screened on all sides with 100 percent opaque screening of wood, masonry, or maintenance free material, or other means of screening as approved by the city council. Chain link fencing of any type will not be permitted.

c. Shall be surfaced with bituminous or concrete if to be located in the side yard.

d. Shall be located in the side or rear yard only.

e. Storage area may be surfaced with Class V Gravel in the rear yard provided that:

      1. The gravel depth must be at least two inches.

      2. The storage area must be setback at least 20 feet from public rights of way.

      3. The storage area must be setback at least 35 feet from adjacent residential properties.

      4. The gravel surface must be kept free of vegetative cover and routinely maintained.

      5. The size of the gravel surface may not exceed the size of areas surfaced with concrete or bituminous on the property or 30 percent of the gross lot area, whichever is less.

f. Items stored outdoors shall comply with chapter 30 of the Ramsey City Code entitled Public Nuisances.
 

In addition to the request to increase to nine (9) tenants, there is a residential tri-plex, and Hirschfield's store on the Subject Property. Staff would recommend a site plan review which would include a Site Plan Sheet, Landscaping Plan, Utility Plan, Grading Plan, Lighting Plan, and Building Elevation Plan. These site plan review recommendations are typical for multi-tenant expansions. Staff would also recommend that the Applicant work with the State to confirm all State requirements are met, such as five (5) designated parking spaces per tenant; which plans have not been provided for.

Notifications of this proposal were sent via Standard US Mail to Property Owners within 350 feet of the Subject Property, as reflected by Anoka County Property Records. A notice was also published in the Anoka UnionHerald, the City's Official newspaper. 

The Subject Property is located at 7127 Highway 10 NW. The Subject Property is zoned H-a Highway 10 Business District and is approximately 2.08 acres in size. All surrounding properties are zoned the same. 

Summary of Request  
The applicant seeks permission to expand the Subject Property footprint from its lawful, nonconforming uses to include a triple stacked parking area in the rear property, eliminating a row of parking in front of the tri-plex as compromise for the rear expansion, installing a privacy fenced in area for inoperable vehicles, and increasing the amount of tenants from six (6) to nine (9). The current onsite business tenants include:

• Five (5) auto sales tenants
• One (1) auto body repair tenant

The Applicant would like to have triple stacked backing in the rear and would eliminate parking in the front of the property to compromise for this addition to the CUP. 

Options
Alternative 1: Approve the Conditional Use Permit (CUP) as originally requested. This would increase the physical footprint on the Subject Property and increase the number of tenants at the property by three (3). 

Alternative 2: Approve the Conditional Use Permit (CUP) with the following conditions:

• two rows of parking in the rear
• Submit application for site plan review
  • Meet State and City Codes for multi-tenant auto sales facility
  • Provide site plan proving adequate parking to accommodate nine (9) tenants
  • Include screening, per Section 117-120, for storage related to Top Ten Industries
• the Subject Property shall meet outdoor storage standards in accordance with City Code Chapters 30 and 117. 
  • Apply for an interim use permit or remove by December 1, 2021. 
• no recreational sales beyond three (3) "for sale" trailers at a time
  • Boat/aquatics sales are prohibited
• Applicant will work with the State to provide adequate parking for Hirschfields, the tri-plex residents, and parking for individual auto sales tenants and requirement for auto repair operation.
  • Section 117-356  - Commercial off-street parking
    • Outdoor sales: One parking space per ten (10) autos displayed
      • State requires five (5) auto spaces at least per tenant
    • Repairs: Three spaces for each enclosed bay and one space for each full time employee 
    • Hirschfield's: One space for each 200 square feet of floor space for retail uses under 20,000 square feet. One space for each 250 square feet of floor space for retail uses over 20,000 square feet. 
    • Residential: Minnesota State Statute 2400.2820 requires 1.5 spaces for one and two-family dwellings or one (1) space per multi-family dwellings.
  • Parking Spaces: nine (9) feet wide and eighteen (18) feet in depth
• The Property Owner shall require all tenants have a Business Registration Certificate
  • There are only two (2) licensed businesses at this property

Alternative 3: Deny the CUP. This would decrease the current expanded operations to their original footprint.

 

The Applicant is responsible for all costs related to this request.

Staff recommends approving the application for a Conditional Use Permit (CUP) at 7127 Highway 10 NW with the conditions of a site plan review to prove adequate parking and State requirements are met.

The Property requires a CUP in accordance with City Code Section 117-120 for an expansion of lawful nonconforming uses.

Contingent on approval from City Council, the Applicant will need to submit a full site plan review. The full site plan provides proof of adequate parking for all uses on the property, that State codes are met for the building and site requirements, and demonstrates that improvements will not effect current grading. 
 

Motion to recommend that the City Council approve Resolution #21-219 Approving a Conditional Use Permit (CUP) and Interim Use Permit (IUP) at 7127 Highway 10 NW with the conditions of a site plan review, two rows of parking, and screening of Top Ten storage trailers.