Resolution - #11-12-247 - 12/13/2011

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6. That motor vehicle sales were occurring legally on the Subject Property prior to the zoning amendment that reclassified motor vehicle sales from a permitted use to a conditional use and therefore, the use is considered lawful, nonconforming under Minnesota Statute Section 462.357 Subd. le and City Code Section 117 -57. 7. That the proposed use is considered an expansion of a lawful, nonconforming use in the B -2 Highway Business District, and thus, requires a conditional use permit as outlined in City Code Section 117 -115. 8. That on November 2, 2011 the Applicant submitted an application requesting a conditional use permit to permit motor vehicle sales due to the expansion the lawful, nonconforming use on the Subject Property. 9. That the properties north and west of the Subject Property are a mixture of retail and auto /recreational - related uses; the properties south of the Subject Property are vacant; and the properties east of the Subject Property include vacant land and a bank. 10. That the Applicant has requested the temporary use of unimproved surface for the display of motor vehicles in the central and eastern portion of the Subject Property. 11. That the Applicant has stated they will discontinue the use of said unimproved surface for display of vehicles no later than June 30, 2012. 12. That there is a potential transportation improvement (Highway 10 /Armstrong Boulevard Interchange) that if initiated, would result in a required purchase of the Subject Property for the interchange project. 13. That due to the potential transportation project, the Applicant has requested to deviate from the surfacing requirements of bituminous or concrete with continuous concrete curb and gutter as required by City Code Section 117 -115 and instead use Class V gravel for the parking /display area. 14. That the Applicant has stated that they agree to upgrade the surface to comply with the standards of City Code Section 117 -115 no later than June 30, 2016 if the transportation project has not been initiated or upon notification from the City that the interchange project will not be initiated, whichever occurs first. 15. That the Applicant must comply with the minimum commercial off - street parking requirements as outlined in City Code Section 117 -356 (Commercial off - street parking). The required spaces are calculated by a combination of: one (1) stall for each fulltime employee, three (3) stalls for each enclosed bay, and one (1) stall for each ten (10) motor vehicles displayed on the Subject Property. 16. That the Applicant shall submit grading, drainage and surfacing plans to the City for review and approval prior to commencement of site improvements. The Applicant shall ensure that surface water shall not directly discharge into the public right -of -way. RESOLUTION #11 -12 -247 Page 2 of 4