Adopt 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 recently resolved the 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 Interim Use Permit (IUP) request would address the outdoor storage violations on the property until December 31, 2021. 

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 six (6) tenants; five (5) only auto sales, and one (1) auto repair and sales. The Applicant would like to increase the number of tenants to ten (10); nine (9) auto sale only businesses, and one (1) auto repair and sales business. 

In addition to the request to increase to ten (10) tenants, there is a residential tri-plex, Top Ten Center, 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 commercial 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.

For the Public Hearing at the Planning Commission on October 28, 2021, 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. 

Notices are not required for this case.

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 is applying for a Conditional Use Permit to expand upon his lawful, nonconforming uses on the property and an Interim Use Permit for outdoor storage until the end of the year.

The request includes:

• Expansion of the rear parking lot to two (2) rows of parking
• Installation of a fenced in area for vehicles awaiting repair
• Increasing auto sales tenants from six (6) to ten (10) tenants
  • One (1) tenant is auto sales and repair
  • Nine (9) tenants are auto sales alone
  • Five (5) outdoor storage containers for an off-site business until December 31, 2021

Options

Alternative 1: Approve the Conditional Use Permit (CUP) and Interim Use Permit (IUP) with the following conditions:

• Contingent on an administrative Site Plan Review.
• The Subject Property shall meet outdoor storage standards in accordance with City Code Chapters 30 and 117. 
  • Remove the five (5) storage containers for an off-site business by December 31, 2021. 
  • No storage unless accessory to the permitted businesses.
• All tenants shall have business registration through City and State

Alternative 2: Deny the CUP and IUP. This would decrease the current expanded operations to their original footprint and allow five (5) auto sale tenants and one (1) auto sales and repair tenant.

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

Alternative 1: Approve the Conditional Use Permit (CUP) and Interim Use Permit (IUP) with the following conditions:

• Contingent on an administrative Site Plan Review.
• The Subject Property shall meet outdoor storage standards in accordance with City Code Chapters 30 and 117. 
  • Remove the five (5) storage containers for an off-site business by December 31, 2021. 
  • No storage unless accessory to the permitted businesses.
• All tenants shall have business registration through City and State

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