Adopt Resolution #20-101 Granting an Amended Conditional Use Permit for the Property Located at 6750 Highway 10 NW (Project No. 20-108); Case of 22 Properties LLC

The City has received an application from 22 Properties, LLC (the "Applicant") for an Amended Conditional Use Permit related to the motor vehicle sales and detailing services operation (Diamond Auto) at 6750 Highway 10 NW (the "Subject Property"). The Applicant is seeking an extension to the timeframes outlined in the current Conditional Use Permit (CUP) relating to certain required improvements.

Staff published the Notice of Public Hearing in the Anoka County UnionHerald. City Staff also attempted to notify all property owners within 350 feet of the Subject Property, per Anoka County property records, of the request by U.S. Mail.

Notification is not required for this particular meeting, and has not been provided. 

The current CUP, which was approved in May of 2018, including a phased pavement installation plan to bring the Subject Property into compliance with City Code Section 117-115 (B-2 Highway Business District). There were two areas the Applicant sought to use as part of the motor vehicle sales and detailing operation that, at the time, were unimproved (e.g. dirt and/or grass). The approved CUP included a condition outlining the timeframes by which paving was to be installed. The smaller area was to be completed by the end of June, 2020, and the larger area was to be paved by the end of June, 2023.

The Applicant contacted the City in mid April to request an extension to those established timeframes. The Applicant noted that, due to the COVID-19 pandemic and its associated economic impacts, he was not in a financial position to complete the first phase of paving, which was to be completed by the end of June, 2020. The Applicant has requested that the timeframes each be extended by two years; the smaller area to be paved by the end of June, 2022 and the larger area to be paved by the end of June, 2025.

It should be noted that there are two existing Zoning Code provisions that need attention/correction. One involves temporary signage being displayed and the other involves the light fixtures illuminating the parking/display areas. More specifically to the light fixtures, the parking lot lighting is creating additional illumination onto the eastbound Highway 10 lanes. The City has received a complaint on this topic.

While Staff is supportive of the request to amend the CUP based on the economic hardships resulting from the pandemic, this also represents an opportunity to correct these two additional items. It should be noted that a notice of violation has not been sent to the Applicant. This is not a case in which an individual has been resistant to bring a property into compliance with City Code. However, with the current request, it seems that these would be reasonable conditions to include in the Amended Conditional Use Permit. The Amended Conditional Use Permit does address both of these issues and includes specified timeframes (30 days after approval to remove temporary signage and 90 days after approval to correct the light fixtures).

The attached draft Amended Conditional Use Permit was created with track changes on so that the proposed modifications are clear for the Planning Commission and City Council.

The Planning Commission conducted a Public Hearing on this request at their June 4, 2020 meeting.  There were no written or verbal comments received.

Alternatives

Alternative 1: Motion to approve Resolution #20-101 granting an Amended Conditional Use Permit for 6750 Highway 10 NW that extends the deadlines to complete the required paving upgrades. Due to the economic impact related to COVID-19, it does seem reasonable to approve an extension to the timeframes for completing the paving improvements on the Subject Property. This also aides in bringing the Subject Property into compliance with lighting and signage standards.

Alternative 2: Motion to approve a modified version of Resolution #20-101 granting an Amended Conditional Use Permit without incorporating conditions to address code violations related to lighting and signage. While these unrelated violations could be addressed through the code enforcement program, it seems the more prudent approach would simply be to incorporate those conditions into the Amended Conditional Use Permit.

Alternative 3: Motion to not approve an Amended Conditional Use Permit. This action would result in the Applicant having to make the necessary paving upgrades prior to the end of June, 2020 or be in violation of the terms of the Conditional Use Permit. No one could have anticipated the current pandemic and the associated economic hardships it has caused.  

The Applicant is responsible for all costs associated with this request.

The Planning Commission recommends approving the request for an Amended Conditional Use Permit to extend the deadlines to complete the necessary paving improvements on the Subject Property (Alternative #1).

Motion to adopt Resolution #20-101 approving an Amended Conditional Use Permit for Diamond Auto at 6750 Highway 10 NW.