PUBLIC HEARING: Consider Request for Conditional Use Permit for Auto Sales in a B-2 Highway Business District; Case of Dumark's Auto Sales, LLC

The City has received an application from Dumark's Auto Sales, LLC (the "Applicant") requesting a conditional use permit (CUP) to allow auto sales on the property at 6650 Highway 10 NW (the "Subject Property"). The Applicant currently conducts auto sales at 7127 Highway 10 NW and plans to relocate to the Subject Property. The Subject Property currently houses Twin Cities Pawn in the northern section of the structure and the applicant would be leasing the southern portion, on the condition that the current tenant for the southern portion has officially vacated before the applicant's occupation.

In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union Herald, the City's official newsletter for public notices.

Section 117-115 (B-2 Highway Business District) states that motor vehicle sales is a conditional use in this district. Dumark's Auto Sales, LLC ("the Applicant") is currently licensed and operating at 7127 Highway 10 NW and plans on relocating to 6650 Highway 10 NW (the "Subject Property"). The applicant has provided a site plan of proposed parking locations for both sales and customers on the Subject Property . Section 117-356 (Off-Street Parking Standards) states that one (1) customer space must be provided for each ten (10) automobiles displayed one (1) space for each full time employee. The applicant's site plan provides five (5) customer parking spaces with a stall width of nine (9) feet with the remainder of the space for sales parking. The Subject Property has an improved surface lot. The City has previously approved conditional use permit applications relating to requests for auto sales in the B-2 Highway Business District. Staff feels this is a reasonable request given the site location and existence of other auto sales in this district. 

Alternatives

Option 1: Recommend City Council adopt Resolutions #15-06-158 and #15-06-159 approving a Conditional Use Permit for auto sales in a B-2 Highway Business District.  Auto sales is a conditional use in this district, the applicant currently is licensed and operating at another location, and the Subject Property will adequately function as a site for auto sales. The approval is contingent on the condition that the Subject Property portion will be verified as vacant before Applicant's occupation. Staff supports this option.

Option 2: Recommend that City Council deny the request.  The City would need to find that the property does not adequately function as a site for auto sales due to outdoor parking and storage constraints or other conflicts with City Code provisions.  Staff does not support this option.

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

Staff recommends approval of the request for a conditional use permit to allow auto sales in a B-2 Highway Business District.

Motion to recommend that City Council adopt Resolution #15-06-158 approving Findings of Fact #0947 and Resolution #15-06-159 relating to Dumark's Auto Sales, LLC request for a conditional use permit to allow auto sales in a B-2 Highway Business District.