Agenda - Council - 07/14/1992 - Laserfiche WebLink

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#2: Request for a Temporary Conditional Use an Permit for Auto Repair/Towing Service/New Parts Sales Facility at 14600 Nowthen Boulevard N.W. (PIN 25-32.25-23-0006); Case of Fred Dinnetz of ATH, Inc. Zoning Administrator Frolik stated that the Planning and Zoning Commission conducted a public hearing on April 6, 1992. At that time, Mr. Greg Isaacson, Attorney for Mr. Dinnetz, announced that Mr. Dinnetz was requesting to modify his application to a temporary conditional use permit not to exceed 18 months. This would allow sufficient tim~ to find a more appropriate location and funding. The modification was in response to Staffs concern that the proposed use is not "generally compatible with the area". The Planning and Zoning Commission reviewed and amended the proposed findings of fact and voted three to two to recommend that City Council deny the application for a temporary conditional use permit. Ms. t::rolik stated she will refer to this request as an interim use permit rather than a conditional use permit as it is given for a specified time frame. Ms. l:rolik stated that in .}anuary, City Council did not discourage Mr. Dinnetz from applying for a conditional use permit to have an auto repair facility at this location and since that time Mr. Dinnetz has put forth a good faith effort and invested in a professionally drawn site plan and initiated clean-up efforts. She added that Mr. Dinnetz also displayed a cooperative nature by amending his application to an interim use permit when he learned of City Staffs concern that the proposed use did not fit the criteria of being "generally compatible with the area". She recommended that City Council grant an interim permit that would expire in 12 months or when Mr. Dinnetz ceases to occupy the property, whichever comes first. The Council proceeded to review the findings of fact. Motion by Councilmember Zimmerman and seconded by Councilmember Peterson to amend #11 to read "That the proposed use will not adversely impact traffic in the area". Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Peterson, Beyer and Hardin. Voting No: None. Motion by Councilmember Peterson and seconded by Councilmember Beyer to adopt Resolution g92-05-106 adopting Findings of Fact g031, as amended, relating to ATH, Inc's request for an interim use permit for auto repair/towing/new parts sales at 14600 Nowthen Boulevard N.W. Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Peterson, Beyer, Hardin and Zimmerman. Voting No: None. Mr. Dinnetz requested a 48 foot trailer be allowed on the property for storage of parts. The Council reviewed the terms of the Interim Use Permit and made the following amendments: The number of off-street parking spaces should be 25. The hours of operation should be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday; 9:00 a.m. to 6:00 p.m. Saturdays; and closed on Sundays. The terms of the interim use permit will expire on May 27, 1993 or when Mr. Dinnet. z ceases to occupy the property, whichever comes first. A term should be added to read "The trailer for storage will be allowed for four months". A term should be added to read "This interim use p:rmit is issued pursuant to authori~, ~anted by MSA 462.3597". Motion by Councilmember Zimmerman and seconded by Councilmember Peterson to adopt Resolution ~.-'-~92-05-107 approving ATH, Inc's request based on Findings of Fact #0311, as amended, and declaring conditions of the interim use permit, as amended, for auto repa/r/towin~new parts sales at 14600 Nowthen Boulevard N.W. City Council/May 26, 1992 Page 4 of 1I I I I I I I I i I I I I ! I I I I I I