Adopt Resolution #20-156 Approving Conditional Use Permit (CUP) Application for Car Sales and Service at 6021 Highway 10; Case of Lund Auto

The purpose of this case is to consider an application for a Conditional Use Permit (CUP) for auto sales and service at 6021 Highway 10 NW. The Applicant, Lund Auto, currently utilizes warehouse space at 6043 Highway 10 NW and would like to utilize the back garage space at 6021 for auto repair and the parking lot for car sales.  Lund Auto has utilized space at 6043 Highway 10 for several months without a zoning enforcement action taking place. 

The property owner, Roman Gadaskin, has submitted a building permit application for interior upgrades that would involve the construction of a bathroom, office, and customer waiting area.  If approved, the use would not be allowed until the City's Building Official has issued a certificate of occupancy necessary for this type of use.

The Planning Commission voted unanimously to recommended approval of the requested Conditional Use Permit (CUP) at its meeting on August 6, 2020.

City Staff attempted to notify all property owners within 700 feet of the Subject Property of the request by U.S. Mail as reflected by Anoka County Property Records for the August 6 Public Hearing. Notifications are not required for this step and have not been provided. 

Observations
Staff has worked with the property owner on cleaning up the property since the revocation of the Conditional Use Permit (CUP) issued to Truck Garant.  The property owner has cooperated with staff and has been investing in improving the exterior of the property in addition to the interior of the garage space for the proposed use if approved.

Lund Auto would conduct car sales and service from the property.  Proposed activities would include mechanical repairs such as brakes, engines, suspension, as well as oil changes and tire replacements. Lund Auto would not provide any paint service or repair of body work but would replace a damaged body part for a non damaged part. Such use would need to comply with inoperable vehicle and outdoor storage requirements. 

The Planning Commission and City Council should consider possible adverse effects of the proposed conditional use.

This consideration shall be based upon (but not limited to) the following factors:

a. The nature of the land upon which the use is to be located.  

The land is zoned H-1 Highway 10 which has a number of similar businesses including a car sales business currently only the property.

b. The nature of adjoining land or buildings.

The land adjacent to this property includes properties also zoned as H-1 Highway 10.  The site backs up to the railroad as well which further buffers this use from adjacent industrial uses to the north.

c. The effect upon traffic into and from the premises, or to any adjoining roads.

The property would utilize existing ingress and egress onto Highway 10 NW and involve typical amounts of traffic related to car sales and service.

d. Whether or not the use will be unduly dangerous or otherwise detrimental to persons residing or working in the vicinity of the use, or to the public welfare.

The garage would be renovated to include a bathroom, office, and customer waiting area. As a result the proposed car sales and service will not be unduly dangerous or detrimental to persons residing or working in the vicinity of the use or to the public welfare.

e. Whether or not if this use will substantially adversely impair the use, enjoyment or market value of any surrounding property.

The proposed use if approved would result in the upgrading of a cold storage building to a building that would be suitable for occupancy.

f. Whether the proposed use will be harmonious with and in accordance with the specific objectives of the comprehensive plan.

The proposed use is harmonious with the comprehensive plan as it provides an opportunity to provide a community need with respect to car sales and service. 

g. Whether the proposed use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and whether such a use will not change the essential character of that area.

The cold storage structure would be improved to be suitable for occupancy and not allowed to open until a certificate of occupancy was approved by the City's Building Official. City Staff has also reviewed the proposed conditions with the Applicant and made it clear that the proposed conditions are listed as a means to ensure that the property does not fall out of compliance.

h. Whether the proposed use will be hazardous or disturbing to existing or future neighboring uses.

The proposed use will not be hazardous or disturbing to existing or future neighboring uses.

i. Whether the proposed use will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, or schools; or whether the persons or agencies responsible for the establishments of the proposed use shall be able to adequately provide any such service.

The proposed use has adequate access to public facilities including streets and drainage structures as a result of the stormwater infrastructure improvements previously completed by the property owner.

j. Whether the proposed use will create excessive additional requirements at public cost for public facilities and services and whether it will be detrimental to the economic welfare of the community.

The proposed use will not create excessive additional requirements at public cost for public facilities and services.

k. Whether the proposed use will involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

The proposed use will not produce excessive production of traffic, noise, smoke, fumes, glare, or odors. 

l. Whether the proposed use will be consistent with the intent and purposes of this chapter.

The intent of the H-1 Highway 10 Business District is to allow for uses that minimize traffic, vehicular access, and facilitate orderly transition of the corridor while allowing the property owners the ability to utilize their property for economic benefit until such time as the U.S. Highway 10 transportation system improvements are initiated. The proposed use is consistent with the intent and purpose of the H-1 Highway 10 Business District.

Upon Staff review the request appears reasonable; however, Staff believes it is important that conditions be included that should code violations occur on the property that appropriate and necessary actions could be made to ensure compliance, especially given previous experience with noncompliance.  Staff has included in the draft resolution that the property remain at all times in compliance with city code related to public nuisances, commercial off street parking, and the H-1 Highway 10 business district.

Alternatives
Alternative 1: Adopt Resolution 20-156 Approving a Conditional Use Permit (CUP) for automotive sales and service at 6021 Highway 10 NW. Staff has monitored Lund Auto's use of property at 6043 Highway 10 and after discussing what was allowed and what was not, the user has remained in compliance. Staff has made it clear to the proposed operator and property owner than violations of the CUP would result in the CUP being revoked.  The Planning Commission recommended approval.

Alternative 2: Adopt a Revised Resolution 20-156 to revise the proposed conditions related to automotive sales and service. 

Alternative 3: Deny Resolution #20-156 approving a Conditional Use Permit (CUP) for automotive sales and service at 6021 Highway 10 NW.  Staff believes that appropriate conditions can be put into place to prevent and respond to any code violations associated with automotive sales and service. 

All costs associated with this request are the responsibility of the Applicant.

The Planning Commission recommended adoption of Resolution #20-156 Approving a Conditional Use Permit (CUP) for Automotive Sales and Service at 6021 Highway 10 NW.  Staff supports that recommendation.

Motion to adopt Resolution #20-156 Approving a Conditional Use Permit (CUP) for Automotive Sales and Service at 6021 Highway 10 NW.