PUBLIC HEARING: Consider Request for an Amended Conditonal Use Permit for Motor Vehicle Sales and Repair at 6845 Highway 10 NW (Project No. 17-136); Case of EJ Properties LLC

In March of 2010, the City approved a Conditional Use Permit for motor vehicle sales and repair on the property located at 6845 Highway 10 NW (the "Subject Property").  However, the property owner, EJ Properties LLC (the "Applicant'), has approached the City about the potential to make some internal building modifications to accommodate additional tenants conducting motor vehicle sales and repair.  That represented an expansion of the conditional use and thus, the Applicant submitted a request to amend the existing conditional use permit.

Staff attempted to notify all Property Owners within a 350 foot radius of the Subject Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. 

The Subject Property is within the H-1 Highway 10 Business District.  This district allows for motor vehicle sales and repair with the issuance of a Conditional Use Permit.  The Applicant operates Eddy's Auto & Body Repair Inc., but would like the ability to rent out additional space for other motor vehicle dealerships, similar to several other properties within the city.  There is ample pavement on the Subject Property to accommodate additional display of motor vehicles for sale as well as to accommodate additional customer parking.  There are no proposed exterior improvements to the Subject Property.  Generally speaking, Staff is supportive of the requested amendment.
 
There are, however, several conditions within the existing Conditional Use Permit that do not appear to have been satisfied or complied with by the Applicant.  As can be seen in the attached photos, there appear to be multiple inoperable vehicles stored outside on the Subject Property.  Furthermore, the existing Conditional Use Permit identified a 'Designated Storage Area' that was required to be screened (there is a wooden privacy fence in place) and paved before vehicles in need of repair could be parked/stored there.  The paving has still not occurred and it does appear that the vehicles within this area are being stored for longer durations that what the current Conditional Use Permit allowed.  Finally, it appears that there are multiple semis being parked/stored either over night or for longer terms on the Subject Property.  This zoning district does not permit truck terminals or outside storage (unless accessory to the principal use).

As noted, Staff generally supports the requested amendment to the Conditional Use Permit.  However, it should be contingent upon bringing the Subject Property into compliance with the terms of the original permit as well as current zoning standards (there are a number of small signs up and a 'tiny home' parked in the grass and possibly the right-of-way).

Alternatives

Alternative 1: Recommend approval of Resolution #17-08-197 granting an Amended Conditional Use Permit to allow additional motor vehicle sales/repair tenants to operate on the Subject Property.  As long as the Applicant brings the property into compliance with the terms of the Conditional Use Permit and Zoning Code, Staff would support this alternative.

Alternative 2: Recommend denial of Resolution #17-08-197.  This would prohibit expansion of the conditional use that is already operating on the Subject Property.  There is sufficient room on the Subject Property to accommodate additional motor vehicle sales tenants.  Again, as long as the Applicant brings the Subject Property into compliance with the terms of the Conditional Use Permit and Zoning Code, Staff would not support this alternative.

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

Staff recommends approval of the Amended Conditional Use Permit contingent upon the Applicant bringing the property into compliance with the terms of the Conditional Use Permit and Zoning Code (this would include removing inoperable vehicles, removing the numerous small signs in the greenspace area, removing the 'tiny home' displayed on grass, and eliminating the overnight and/or longer term parking/storage of semis).

Motion to recommend City Council adopt Resolution #17-08-197 approving an Amended Conditional Use Permit contingent upon bringing the Subject Property into compliance with the terms of the Conditional Use Permit and Zoning Code.