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Agenda - Council - 07/26/2011
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Agenda - Council - 07/26/2011
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Meetings
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Council
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07/26/2011
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CC Regular Session <br />Meeting Date: 07/26/2011 <br />By: Chris Anderson, Community <br />Development <br />5. 1. <br />Title: <br />Request for a Conditional Use Permit to Conduct Motor Vehicle Sales in the B -2 Business District on the Property <br />Located at 6740 Highway 10 NW; Case of Tris Star Enterprise <br />Background: <br />On June 9, 2011, the City received a request from Tris Star Enterprise for a conditional use permit to conduct motor <br />vehicle sales in the B -2 Business District on the property located at 6740 Highway 10 NW. <br />Notification: <br />In accordance with City Code, Staff attempted to notify property owners within 350 feet of the property. <br />Observations: <br />Tris Star Enterprise would like to utilize a portion of the property at 6740 Highway 10 NW for motor vehicle sales. <br />The property is zoned B -2 Business District and in October of 2009, Ordinance #09 -13 went into effect, making <br />motor vehicle, implement, and recreation equipment sales and service a conditional use in this district. There is an <br />existing business on the property with a similar use, but that business does not include items displayed outside for <br />sale. Therefore, the proposed outdoor motor vehicle sales would constitute an expansion of a lawful, <br />non - conforming use and triggers the requirement of a conditional use permit. <br />The proposed use would require two (2) dedicated parking spaces, based both on the square footage of office area (1 <br />stall per every 300 square feet of office space) and the number of vehicles on display (1 stall per every 10 vehicles <br />displayed for sale). The existing uses on the property (a mix of office and industrial space) require twenty (20) <br />parking stalls. Based on the information included with the conditional use permit application, the applicant would <br />utilize 300 square feet of office space and would have no more than five (5) vehicles on display at any given time. <br />This results in the need for one (1) additional stall (the proposed use requires a total of two [2] dedicated parking <br />stalls, but one is accounted for with the initial calculation for office space). While there is no striping on the site, it <br />does appear that there is sufficient space to accommodate the required parking spaces. <br />The proposed motor vehicle sales operation includes up to three (3) employees. The hours of operation would be <br />Monday - Wednesday from 8am to 3pm and Thursday- Saturday from 8am to 6pm. The applicant has stated that there <br />would be no more then five (5) vehicles displayed outside for sale at any given time and that there would be no <br />motor vehicle repairs conducted on the property. <br />The Planning Commission held a public hearing on July 7, 2011 regarding this request and there were no written or <br />verbal comments submitted. <br />Recommendation: <br />Both Staff and the Planning Commission recommend approving the request for a conditional use permit for motor <br />vehicle sales contingent on the following (these have been incorporated into the proposed conditional use permit): <br />•There be no motor vehicle repairs conducted on the property. <br />•There be no outside storage of motor vehicle parts or inoperable vehicles. <br />•Vehicles displayed for sale do not encroach on the required off - street parking spaces. <br />Funding Source: <br />All costs associated with the processing of this request are the responsibility of the applicant. <br />
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