Agenda - Planning Commission - 08/06/1991

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CASE # 6 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OUTSIDE DISPLAY/SALES AREA; CASE OF JIM PROVINZINO By: Zoning Administrator Sylvia Frolik Background: Mr. Jim Provinzino is proposing to establish a motor vehicle sales lot at 6304 Hwy. #10 N.W. The subject property is approximately 1/2 acre in size and is zoned B-3 Highway Business. Motor vehicle sales is a permitted use in the B-3 Business District. However, a conditional use permit is required if a permitted use in the B-3 District includes an outside display/sales area. Mr. Provinzino is proposing to have 28 vehicles in the outside display area and has applied for a conditional use permit accordingly. The following items are enclosed for your information: a) b) c) d) Site location map Site plan (2 sheets) Proposed findings of fact Proposed conditional use permit Observations: I am concerned that there is sufficient room on the property to display the number of vehicles proposed. My main concern is from a safety aspect in the event emergency vehicles need to gain access to the building, especially with vehicles butted right up to the building. In addition to that, the site plan indicates that display vehicles would be parked right in front of the main access to the sales building. Another issue to be resolved is the proper display area setback from the front property line. In the past, I believe the City used the same setback as that required for off-su'eet parking, 3 feet. I did find a little known requirement in the City Code that requires a 25 foot setback for merchandise sales areas in outdoor lots. Also, the front yard setback in the B-3 District is 35 feet, however that section also specifies that there shall be no activity permitted in the front one-half of that setback. The applicant is proposing to provide a 12 foot setback from the front property line. The applicant is also proposing to place customer parking at the very southern most part of the property. I would suggest that a more logical place for customer parking would be nearer the sales office at the northern end of the property. Recommendation: I recommend approval of the request for a conditional use permit contingent upon negotiating a lesser number of vehicles to be displayed on the property and resolving an appropriate setback for display areas. The City Engineer and I discussed the setback issue briefly and perhaps the least complicated boundary to enforce is the property line, which is established.