Agenda - Council - 06/11/1991 - Laserfiche WebLink

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I I I CASE REVIEW TERMS OF CONDITIONAL USE PERMIT ISSUED TO RAMSEY AUTO SALES AT 7205 HWY. #10 N.W.; CASE OF ROBERT WOJCIK By: Zoning Administrator Sylvia Frolik Background: At the regular meeting of the Planning and Zoning Commission on April 2, 1991, the terms of the conditional use permit issued to Robert Wojcik for Ramsey Auto Sales at 7205 Hwy. #10 were reviewed. In the opinion of the Commission, activities taking place on the property involving acquisition of damaged vehicles for repair and resale constitute auto salvage activity, which is prohibited under Mr. Wojcik's conditional use permit for vehicle sales. Mr. Wojcik argued that the vehicles he acquires are not defined as salvage by the State and do obtain clear title for resale. City Staff was directed to research the issue. On May 7, 1991, I reported my findings to the Planning and Zoning Commission as follows. Damaged vehicles are titled by the State as salvage vehicles A, B, C or D. "A" means less than 10% damage; "B" means 10%-70% damage; "C" means damaged in excess of 70% but repairable; and "D" means damaged in excess of 70% and not repairable. Upon repair, vehicles rated A or B can get a clear Minnesota rifle. Vehicles rated C can get a rebuilt rifle. Vehicles rated D are no longer considered vehicles. It would seem that Robert Wojcik is acquiring vehicles that the State defines and has titled as salvage. Once they are repaired, Mr. Wojcik obtains either clear tire on vehicles rated A and B or rebuilt title on vehicles rated C. A copy of the conditional use permit issued to 7205 Hwy. #10 N.W. for motor vehicle sales is enclosed for your information. Observations: I have also researched City Code and found the following regulations and definitions which may be of assistance in reviewing this case. Section 9.02 defines "Junk Yard" as land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleared, packaged, disassembled or handled. Section 9.02 defines "Vehicle Wrecking Yard" as any place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open or any land used for wrecking or storing of such motor vehicles or parts thereof, and including any commercial salvaging and scavenging of any other goods, articles or merchandise. Section 9.02 defines "Vehicle Repair Major" as general repair, rebuilding or reconditioning engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, overall painting or paint job. (Ramsey Auto Sales is zoned B-3 Highway Business District and "vehicle repair major" is a permitted use in this zone).