Request for Waiver of Paving Requirements to Allow a Class V Parking Surface at 8110 Highway 10 NW; Case of Chad Lundquist

The City has received a request from Chad Lundquist for waiver to paving requirements to utilize Class V for a parking surface for motor vehicles in the B-2 Highway Business District.

No notification is required for this request.

City Code requires that parking and maneuvering areas for motor vehicles consist of concrete or bituminous with B6/12 curb and gutter.  The purpose is primarily dust control and stormwater management, but the requirement also has an aesthetic component as well.  City Code further states that 'other surfaces as approved by City Council' may be considered.  It appears that the City has not granted Class V as an acceptable parking surface under current zoning standards in the B-2 Highway Business District, in which the Subject Property lies.  The City Council has considered requests in the City's Employment Zoning Districts, as the uses within these districts allow for heavy equipment that can damage asphalt or concrete surfaces.  

 

The Applicant is requesting a 116' by 300' (34,800 square feet [0.80 acres]) area of two (2) inch Class V base.  City Code also restricts the import/export of soil to 400 cubic yards, unless approved by an Interim Use Permit (IUP).  According to a quote provided to the Applicant by Plaisted Companies, the import will be approximately 204 yards.  Assuming that an equal amount will have to be removed to accommodate the new surface, total import/export would be approximately 408 yards.  The proposal should be slightly revised to 400 yards or less or obtain an IUP.  No additional vehicular accesses or access revisions are being proposed.

 

City Staff needs clarification from the Applicant on the following:

* Will material be exported/replaced from the Subject Property?

* What erosion control measures will be put in place?

* What impacts to existing drainage patterns will be experienced?

 

In 2009, the City processed an ordinance violation for off-street parking and inoperable vehicles.  At that time, a tenant in the rear of the Subject Property was operating a motor vehicle repair business, resulting in numerous inoperable vehicles parked outside in violation of City Code.  The Subject Property was brought into compliance at that time.  This current request is needed for additional inventory for motor vehicle sales and repair.

 

Also in 2009, as part of the Property Owner's request for a Motor Vehicle Sales and Repair License for an additional tenant, the City reviewed a claim of lawful, non-conforming use status.  In 2009, the City reclassified motor vehicle sales and repair as a conditional use, rather than a permitted use.  The City found that this type of use warranted additional review and opportunity to impose reasonable conditions to protect the health, safety, and welfare of the community, but did not necessitate prohibiting the use all together.  The City had been experiencing properties along Highway 10 that could not economically sustain this type of use based on parcel size and availability of off-street parking.  Thus, the City was experiencing numerous off-street parking violations in order to accommodate the number of motor vehicles for sale.  The City also experienced issues with aesthetics of motor vehicle repair and inoperable vehicles.  The Subject Property had been used in the past as motor vehicle sales and repair and the Property Owner was actively marketing for said use.  City Council determined that the request met Minnesota Statute 462.357 related to lawful, non-conforming use and could continue without expansion (emphasis added).  The City noted that only the area currently paved could be used for off-street parking and represented the area of non-conforming use and the Property Owner agreed that off-street parking would be contained to these areas. 

 

During the recent discussions with the City Council regarding Highway 10 zoning standards, there was considerable discussion regarding use of Class V as a parking surface in rear yard areas, most notably in transitional areas.  The Subject Property would not be effected by current transportation planning efforts that would result in acquisition.  It is unclear if there is full support to amend the zoning ordinance to allow Class V as a parking surface on a broader spectrum, therefore, City Staff hesitates making any sort of recommendation until that policy decision is clear.

 

On March 14, City Staff conducted an on-site inspection of the Subject Property.  The inspection revealed several non-conformities and City Code violations that need to be addressed.  These violations include off-street parking (which could be mitigated with this request) and inoperable vehicles.  Photos from this inspection are attached for review.  In addition, it appears that there are two (2) tenants of the Subject Property that are operating without proper State and City licenses for motor vehicles.  TJ Automotive's Motor Vehicle Licenses (City) expired in 2010.  The tenant in the rear of the Subject Property does not have any record of applicable licenses.  City Staff processed a City Code violation of the same violations in 2009.

 

The City Council could view this current request to expand the parking area with Class V as an expansion of the non-conforming use and require the issuance of a Conditional Use Permit. This would allow for the City to attach reasonable conditions to protect the health, safety, and welfare. This could include screening of motor vehicles under repair, provided that the use is not a salvage operation, which is not permitted by City Code.  City Council could also require phasing in pavement in this area, consistent with the Applicant's future plans.

Staff is open to discussion regarding allowing Class V parking and maneuvering surfaces in the rear of properties, consistent with discussion during the Highway 10 inventory in 2010.  However, Staff notes that this is a change from past policy.  City Council has only approved Class V in the E-1 and E-2 Employment Districts due to heavy equipment which compromise the integrity of pavement, resulting in a negative effect on stormwater management and aesthetics.  Furthermore, Staff would recommend additional provisions to mitigate the current issues with inoperable vehicles, such as screening requirements, which could be addressed through the Conditional Use Permit process.

All costs associated with reviewing the application are the responsibility of the Applicant.

Motion to approve the request for a Class V parking surface as noted on the attached site plan.

 

-or-

 

Motion to deny the request and instruct the Applicant to apply for a Conditional Use Permit.