Agenda - Planning Commission - 12/06/1994

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REQUEST FOR SITE PLAN APPROVAL; CASE OF RALPH'S By: Zoning Administrator Sylvia Frolik Background: CASE # 2 GUN AND PAWN In September of 1993, Ralph Nissen relocated Ralph's Gun & Pawn from 6131 Highway gl0 N.W. to 6101 Highway #10 N.W. The address of 6101 Highway #10 N.W. was deficient of certain site improvements such as paved and curbed drive and customer/employee parking areas. Mr. Nissen was informed by City Staff that these site improvements were required in order for commercial activity to occur on the property. Approval for these site improvements must be obtained from the City via a site plan approval. On September 30, 1993, Mr. Nissen indicated to Staff that because of obligations to consignment clients of the pawn shop and for financial reasons, it was imperative that the pawn shop open for business at the new location prior to obtaining site plan approval and installing the required site improvements. Staff agreed that the pawn shop could open for business and that blacktopping improvements could be installed prior to site plan approval to avoid a muddy parking lot during the fall and winter. This prior approval was contingent upon Mr. Nissen submitting a site plan application that would include the installation of cement curbing and any necessary corrections to the blacktop installed based on drainage patterns. To insure that the site plan approval was properly applied for and that the improvements would be installed to City standards, Mr. Nissen would deposit a financial guarantee with the City in the amount of $4,500, which is an amount equal to 150% of the estimated cost of the required site improvements. On or about October 1, 1993, the blacktop was installed at 6101 Highway #10 N.W. and Mr. Nissen had not deposited the required financial guarantee with the City. On December 14, 1993, Mr. Nissen met with Staff and indicated that because of improvements made to the building and site at 6101 Highway #10 N.W., his financial resources were exhausted and he did not have the $4,500 financial guarantee. At that time, there was verbal agreement between Mr. Nissen and City Staff that he would make proper application for site plan approval by March 15, 1994, and that the balance of the improvements and/or any corrections to the existing improvements would be accomplished by July 30, 1994. In the interim, Mr. Nissen agreed that his pawn shop license would serve as collateral for these activities rather than the $4,500 for financial guarantee. On April 26, 1994, Sylvia Frolik sent a letter to Mr. Nissen noting the failure to comply with the March 15th deadline and requested that he take action immediately for site plan approval in order that the improvements could be installed by September 1, 1994. At that time, Ms. Frolik warned that if action to complete the site improvements was not taken, there would be a recommendation not to renew his next pawn shop license application. On September 14, 1994, Mr. Ralph Nissen submitted his application for site plan approval. This application was received two weeks after the site improvements were to have been installed, given the second deadline applied by City Staff. Upon review of the site plan application by the City Engineer, it was noted that there were certain deficiencies in the application that did not facilitate a thorough review of the site and proposed improvements. Mr. Nissen was informed by letter of the additional information that would be required in order to place the site plan on a subsequent Planning Commission agenda for review.