Adopt Resolution #12-06-XXX Assigning an Approved Conditional Use Permit for Motor Vehicle Sales at 6740 Highway 10 NW to MSM Auto LLC

On July 26, 2011, the City Council approved Resolution #11-07-130B granting a Conditional Use Permit (the "Permit") for motor vehicle sales to Tris Star Enterprises (the "Applicant") on the property located at 6740 Highway 10 NW (the "Subject Property").  The Permit stated that up to five (5) motor vehicles could be on display at any given time, that they must be on a paved surface, and that no motor vehicle repairs shall be permitted on the Subject Property.  City Staff mailed copies of the Permit to the Applicant for the requisite signatures and never received the documents back. 

In May of 2012, MSM Auto LLC contacted the City about the possibility of conducting motor vehicle sales on the Subject Property.  Staff attempted to contact the former Applicant about their yet-to-be executed Permit but was unable to locate the Applicant (email bounced back and phone number did not work).  The owner of the Subject Property has submitted a letter stating that he is agreeable to having the Permit assigned to MSM Auto LLC because the Applicant never completed a Commercial Rental Application nor did the Applicant enter into a lease agreement with the Subject Property owner.  Additionally, MSM Auto has reviewed the terms of the Permit and have acknowledged in writing that they are agreeable to the conditions of the Permit.

City Code Section 117-51 states that a conditional use permit shall become null and void one (1) year after the final action of the City Council if not initiated or utilized.  As long as the Permit is executed by MSM Auto LLC prior to July 26, 2012, it would be considered initiated and in effect.  Also, as a reminder, per State Statutes, conditional use permits run with the land rather than the permittee.

Staff recommends approving the resolution to assign the Permit originally granted to Tris Star Enterprises on July 26, 2011 to MSM Auto LLC.

All costs related to this request are the responsibility of the applicant (in this case, MSM Auto LLC).

Motion to approve the resolution assigning the Conditional Use Permit, which was originally granted to Tris Star Enterprises on July 26, 2011, to MSM Auto LLC.