Minutes - Council - 12/10/2002 - Laserfiche WebLink

Home

Case #3: Request for an Interim Use Permit to Establish a Motor Vehicle Sales Lot on an Unimproved Lot; Case of E-Z Auto Sales, Inc. Community Development Director Frolik stated that Todd Bialon of E-Z Auto Sales, Inc. has submitted an application for an Interim Use Permit to allow him to establish and operate his used car sales business, absent of the required site improvements, at 7751 Highway #10 N.W., for an interim period of time. The subject property is approximately 2.7 acres in size and is zoned B-3 Highway Business. Motor vehicle, implement and recreational equipment sales and rental are permitted uses in this district. Outdoor display areas for items for sale or rent is an allowable accessory use in the B-3 Highway Business District provided the display area is paved and the perimeter of the pavement is finished with B612 concrete curbing. The customer and employee areas must also be paved and curbed. One off-street parking space is required for every 10 vehicles on display. Mr. Bialon desires to establish his motor vehicle sales business on the subject property. However, the property lacks the required pavement and curbing, and the weather is no longer conducive to installing bituminous pavement. Mr. Bialon has engaged the services of John Oliver and Associates to prepare a Grading, Drainage and Erosion Control Plan that identifies a two-phase site improvement plan. Mr. Bialon has proposed that the western' half of the subject property will be paved and curbed by June 30, 2003,'and the eastern half will be completed by December 31, 2003. The plan submitted ultimately proposes 140 vehicle display spaces; City Code requires 14 customer/employee parking spaces for a 140-unit display area The grading plan identifies 26 customer/employee parking spaces located west and north of the building. While the business is restricted to that area identified as Phase 1, the number of display spaces and customer/employee spaces will be reduced accordingly. A permit for this site has been issued to Mr. Bialon by the Lower Rum River Water Management Organization, which has reviewed the adequacy of the stormwater retention ponding. City Staff reviewed notes that the western half of the site has an overland grade across the parking area, which exceeds one percent; however, overland flows across the eastern parking area has grades of 0.5% and flatter. It is unlikely that bituminous can be graded flatter than one percent without resulting in "bird baths" being left in the finished pavement. Staff recommends extending catch basins to the center of the eastern parking area or adding additional catch basins to increase the grade of the overland surface. The Grading, Drainage and Erosion Control plan should be modified accordingly.- The Planning Commission met on December 5, 2002, and conducted a public hearing. There were no verbal or written comments submitted regarding the request for the interim use permit. They recommended approval of the interim permit subject to certain conditions. City Code states that Interim Use Permits will be processed the same as Conditional Use Permits. Conditional Use Permits may not be presented to City Council -for action any sooner than 10 days following the action of the Planning Commission. The Planning Commission recommended approval of the Interim Use Permit on December 5, and with the only City Council .meeting in December being on the 10th, that conflicts with the 1 O-day interval requirement. The next available City Council meeting would be January 14, 2003. According to the 60-day decision rule, the City has until January 7, 2003, to give Mr. Bialon a decision. It would be difficult to justify imposing a 60-day extension because the second regular Council meeting of the month was cancelled. Mr. Bialon applied for the interim use permit in accordance with schedules and deadlines published by the City and expected to have a decision on his request by the end of December. City staff City Council/December 10, 2002 Page 7 of 13