Adopt Resolution #18-045A Approving a Request for a Conditional Use Permit for Motor Vehicle Sales and Detail at 6750 Highway 10 NW; Case of 22 Properties, LLC

22 Properties (the "Applicant") has submitted an application for a Conditional Use Permit at 6750 Highway 10 NW (the "Subject Property") to allow automobile sales and detailing. The Applicant is proposing to store, display, sell, and wash/detail vehicles. The Subject Property is currently used for boat storage by Son Watersports.

City Staff attempted to notify all property owners within 350 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper for the March 1, 2018 Planning Commission Public Hearing.

The Applicant has submitted an application for a Conditional Use Permit to allow automobile sales and automobile detailing at 6750 Highway 10 NW (Lot 2 Block 1 of Riverside West), where Son Watersports currently does business. The Applicant is proposing displaying vehicles for sale, washing and detailing vehicles, and storing vehicles outside that are waiting to be washed and detailed. The Subject Property is within the B-2 Highway Business District. This district allows for motor vehicle sales and repair with the issuance of a Conditional Use Permit. There is no Conditional Use Permit in place for the property. The boat sales and storage are operating in a lawful, non-conforming status. The proposed use requires approval of a Conditional Use Permit before it can take place.

The Planning Commission held a duly noticed public hearing on March 1, 2018. No written or verbal comments were received. The Planning Commission was generally supportive of the new business, and believed that the property should eventually be fully paved, but they were open to allowing the applicant to be granted a Conditional Use Permit contingent upon future paving due to the costs of paving the entire area.

Staff is supportive of granting of a Conditional Use Permit with agreement from the applicant that they will pave the unpaved area in phases and agree to remove the lawful, nonconforming boat sales and storage from the site. Through the issuance of the Conditional Use Permit, the applicant agrees that this is the only use that will take place onsite. Staff believes this will help prevent future code compliance issues and improve the image of Highway 10 as directed by the City Council. Additionally, Staff would like to note that previous site plan review was granted on the condition of providing a bituminous driveway and parking area and that other applicants in the City have had to bring properties into compliance with current standards in order to grant a Conditional Use Permit.

The fence on the property is within the right-of-way; Staff has included moving this fence as a condition for the permit.  Furthermore, City Code requires a twenty (20) foot wide green space adjacent to public roads and any paving must comply with this standard.  The Applicant is working with the Engineering Department to discuss the existing water main on site.

Alternatives

Alternative 1: Recommend approval of Resolution #18-045 granting a Conditional Use Permit to allow motor vehicle sales and detailing on the Subject Property contingent on the Applicant paving the 6,500 square foot portion of the unimproved surface by June 2020 and the remainder, approximately 14,300 square feet, by June 2023. The applicant may use the unpaved surfaces until they are required to be paved. The Planning Commission recommends this alternative.

Alternative 2: Recommend approval of Resolution #18-045 granting a Conditional Use Permit to allow motor vehicle sales and detailing on the Subject Property allowing the applicant to use the site as is. Staff would not support this alternative.

Alternative 3: Recommend denial of Resolution #18-045.  This would prohibit the use of the property for motor vehicle sales. The site could continue to operate as boat storage.

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

The Planning Commission recommended approval of the Conditional Use Permit contingent upon the Applicant bringing the Subject Property into compliance with the terms of the Conditional Use Permit and Zoning Code over the next five (5) years, paving 6,500 square feet of the unpaved surface by June 2020 and the remainder by June 2023.

Motion to adopt Resolution #18-045A approving a Conditional Use Permit contingent upon bringing the Subject Property into compliance with the terms of the Conditional Use Permit and Zoning Code over the next five (5) years.