Agenda - Planning Commission - 05/07/1991

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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: As you recall, 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 currently taking place on the property involving acquisition of damaged vehicles for repair and resale constitute auto salvage. Mr. Wojcik argued that the vehicles he acquires are not salvage by State definition and do obtain clear rifle for resale. City Staff was directed to research the issue. I contacted the State Motor Vehicles Department and received the following information. Damaged vehicles are rifled 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. Ratings to Minnesota damaged vehicles are assigned by the insurance companies. Ratings to non- Minnesota damaged vehicles are assigned by dealers upo providing the State with the required supporting documentation. Upon repair, vehicles rated A or B can get a clear Minnesota title. Vehicles rated C can get a rebuilt rifle. Vehicles rated D are no longer considered vehicles. To answer the Commission's question, 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 title on vehicles rated A and B or rebuilt title on vehicles rated C. The following items are enclosed for your information: a. Conditional Use Permit issued at 7205 Hwy. #10 N.W. Observations: I have also researched City Code and found the following regulations which may be of interest to the Commission in reviewing Robert Wojcik's acriviries or the activities at Anoka West Auto Sales. (As you recall, Mr. Wojcik inquired as to why the City was not pursuing Anoka West Auto Sales for what appears to be auto salvage activities on that property.) 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. (Both Ramsey Auto Sales and Anoka West Auto Sales are in the B-3 Highway Business District and "vehicle repair major" is a permitted use in this zone).