Agenda - Planning Commission - 01/05/2017

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Regular Planning Commission 5. 2. Meeting Date: 01/05/2017 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for an Interim Use Permit to Utilize a Membrane Tent Structure for a Secondary Showroom; Case of Skeeter Boat Center Purpose/Background: The purpose of this case is to consider a request from Jim Peterson of Skeeter Boat Center, (the "Applicant")for an Interim Use Permit to erect and utilize a temporary membrane tent structure (the "Structure")as a secondary showroom on the property located at 9421 Highway 10 NW(the "Subject Property"). The Structure would be thirty feet by sixty feet(30'x 60')in size and would have sidewalls. The Applicant has noted that they would not provide heat for the Structure and would ensure access throughout the winter by plowing around the Structure. The Applicant has stated that they have picked up a second line of boats and that their existing indoor showroom does not have sufficient space to accommodate the new line of products. The Applicant is proposing the use the Structure through the month of May to provide additional showroom space for customer viewing of boats in advance of the fishing opener. Notification: Staff attempted to notify all Property Owners within a 350 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter,the Anoka County Union Herald. Observations/Alternatives: The Subject Property is on the north side of Highway 10 near the city's western border. The Subject Property is in the B-2 Highway Business District, as are the surrounding parcels to the east and west, and is bordered by right-of-way for Highway 10 to the south and BNSF right-of-way to the north. Motor vehicle, implement and recreation equipment sales and service is considered a conditional use in this zoning district; however,the Applicant's operation is considered lawful,non-conforming as this type of use has been in operation on the Subject Property pre-dating the amendment to City Code changing it from a permitted to conditional use. The B-2 Highway Business District,like each of the other zoning districts, outlines the permitted exterior finishes of all buildings. The membrane style wall finish is not specifically permitted in this, or any other zoning district. However, alternative finishes may be permissible with the approval of the Planning Commission and the City Council. This has been the case for certain'industry standard'finishes, such as storage buildings for salt and greenhouses for growing plant stock. In some regards,this is similar to a Transient Merchant request(e.g.tent for fireworks and/or plant sales in a parking lot of a retail operation). However,per City Code, a Transient Merchant License is limited to a sales operation of not more than sixty(60) days. The Applicant has requested the use of the Structure for closer to 120 days, essentially double what would be permitted through the City's Transient Merchant License. While the City does not have a specific policy addressing membrane structures,their exterior finish is not listed specifically within any of the zoning districts and therefore,these have been considered to be in violation of City Code. Over the years,the City has responded to complaints regarding these types of structures and when such a complaint is received, it is entered into the Code Enforcement program and property owners are informed that they