Agenda - Planning Commission - 02/01/2018

Home

Regular Planning Commission 6. 2. Meeting Date: 02/01/2018 By: Chloe McGuire Brigl, Community Development Information Title: Discussion Item: Auto Sales at 6750 Highway 10 Purpose/Background: The City has been approached by a party interested in conducting motor vehicle sales/service on the property located at 6750 Highway 10 NW (the "Subject Property"). The Subject Property is located in the B-2 Highway Business District and is approximately 1.32 acres. There are several interrelated questions regarding surfacing and the lawful, non -conforming designation that have come up that Staff wanted to review with the Planning Commission before providing direction to the prospective Applicant. A Conditional Use Permit shall be required for this use. The question at hand is to also allow the expansion of a lawful, non -conforming use (storage on an unimproved surface) to allow the storage of motor vehicles staged for service. Notification: N/A Observations/Alternatives: Site The Subject Property is currently occupied by Son Watersports. The use of the Subject Property has been for sales/storage of marine equipment (boats) dating back prior to when City Code was amended to identify that as a conditional use. Thus, the boats sales is considered lawful, non -conforming. A more recent City Code amendment allows seasonal storage of boats on an unimproved surface in the rear yard from September 1 though May 31. Thus, it appears that the boat storage would also be considered lawful, non -conforming. Use of Unimproved Surface As previously noted, boats are being stored on an unimproved surface in the rear yard of the Subject Property (with a few in what would be considered the side yard). A question has arisen as to whether motor vehicles could be displayed/stored in this same area. Staff believes that City Code is pretty clear that motor vehicles must be parked/displayed on an improved surface consisting of pavement and curb and gutter. However, the question to the Planning Commission is to allow expansion of a lawful, non -conforming use by Conditional Use Permit. Nonconforming Structures and Uses Whenever a lawful nonconforming use of a structure or land or occupancy is discontinued for a continuous period of one year, any future use of said structure or lands shall be made to conform with the provisions of this chapter. Boat sales have been occurring on the Subject Property for a number of years now. There is no disputing that that is a lawful, non -conforming use. However, there is a question about whether that designation would carry over to motor vehicle sales. Staff considers motor vehicle sales to be a distinctly different type of use that boat sales and therefore believes that a Conditional Use Permit would be necessary to conduct motor vehicle sales on the Subject Property. Key Questions 1. Seasonal storage of boats on an unimproved surface (from September 1 through May 31) is permitted; should that be extended to allowing motor vehicles on an unimproved surface based on the existing use?