Agenda - Council - 03/22/2011 - Laserfiche WebLink

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vehicle repair and inoperable vehicles. The Subject Property had been used in the past as motor vehicle sales and repair and the Property Owner was actively marketing for said use. City Council determined that the request met Minnesota Statute 462.357 related to lawful, non -conforming use atahuld continue without expansion (emphasis added). The City noted that only the area currently paved could be used for off-street parking and represented the area of non -conforming use and the Property Owner agreed that off-street parking would be contained to these areas. During the recent discussions with the City Council regarding Highway 10 zoning standards, there was considerable discussion regarding use of Class V as a parking surface in rear yard areas, most notably in transitional areas. The Subject Property would not be effected by current transportation planning efforts that would result in acquisition. It is unclear if there is full support to amend the zoning ordinance to allow Class V as a parking surface on a broader spectrum, therefore, City Staff hesitates making any sort of recommendation until that policy decision is clear. On March 14, City Staff conducted an on -site inspection of the Subject Property. The inspection revealed several non -conformities and City Code violations that need to be addressed. These violations include off-street parking (which could be mitigated with this request) and inoperable vehicles. Photos from this inspection are attached for review. In addition, it appears that there are two (2) tenants of the Subject Property that are operating without proper State and City licenses for motor vehicles. TJ Automotive's Motor Vehicle Licenses (City) expired in 2010. The tenant in the rear of the Subject Property does not have any record of applicable licenses. City Staff processed a City Code violation of the same violations in 2009. The City Council could view this current request to expand the parking area with Class V as an expansion of the non -conforming use and require the issuance of a Conditional Use Permit. This would allow for the City to attach reasonable conditions to protect the health, safety, and welfare. This could include screening of motor vehicles under repair, provided that the use is not a salvage operation, which is not permitted by City Code. City Council could also require phasing in pavement in this area, consistent with the Applicant's future plans. Recommendation: Staff is open to discussion regarding allowing Class V parking and maneuvering surfaces in the rear of properties, consistent with discussion during the Highway 10 inventory in 2010. However, Staff notes that this is a change from past policy. City Council has only approved Class V in the E-1 and E-2 Employment Districts due to heavy equipment which compromise the integrity of pavement, resulting in a negative effect on stormwater management and aesthetics. Furthermore, Staff would recommend additional provisions to mitigate the current issues with inoperable vehicles, such as screening requirements, which could be addressed through the Conditional Use Permit process. Funding Source: All costs associated with reviewing the application are the responsibility of the Applicant. Council Action: Motion to approve the request for a Class V parking surface as noted on the attached site plan. -or- Motion to deny the request and instruct the Applicant to apply for a Conditional Use Permit. Site Location Map Site Plan Plaisted Quote Attachments