Agenda - Planning Commission - 10/28/2021

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Regular Planning Commission Meeting Date: 10/28/2021 By: Bria Raines, Community Development Information 6. 5. Title: PUBLIC HEARING: Consider Resolution #21-219 Granting a Conditional Use Permit (CUP) and Declaring Terms Agreement at 7127 Highway 10 NW; Case of Ron Touchette Purpose/Background: Initiated by a Code Enforcement case from 2020, the Property Owner has applied for a Conditional Use Permit (CUP) for expansion of the lawful, nonconforming footprint of the auto sales operation onsite. The Subject Property has current City Code violations of off-street parking, work without a permit, and expansion of the lawful, nonconforming uses without applying for a CUP; a permit which is otherwise required in the H-1 Highway 10 Business District per City Code. The Subject Property is North of Highway 10 and East of Ramsey Blvd. The Applicant is requesting to expand the physical footprint by increasing the parking area in the rear, and increasing the number of tenants and the types of businesses on the Property. At this time, the site has five (5) tenants; four (4) only auto sales, and one (1) auto repair and sales. The Applicant would like to increase the number of tenants to nine (9), with one tenant being Top Ten; a miscellaneous business not related to auto sales or repair. The tenant, Top Ten, does not have a Ramsey Business Registration Certificate (BRC). Without the BRC, there is no evidence this business has lawful nonconforming rights and would need to be approved in this CUP request. Top Ten Industries will need to comply with the H-1: Highway 10 Business District outdoor storage. In accordance with Section 117-120, as follows: Additional accessory use: Outdoor storage for materials and equipment accessory to the principal use under the following conditions: a. Shall not constitute more than 20 percent of the gross lot area. b. Shall be screened on all sides with 100 percent opaque screening of wood, masonry, or maintenance free material, or other means of screening as approved by the city council. Chain link fencing of any type will not be permitted. c. Shall be surfaced with bituminous or concrete if to be located in the side yard. d. Shall be located in the side or rear yard only. e. Storage area may be surfaced with Class V Gravel in the rear yard provided that: 1. The gravel depth must be at least two inches. 2. The storage area must be setback at least 20 feet from public rights of way. 3. The storage area must be setback at least 35 feet from adjacent residential properties. 4. The gravel surface must be kept free of vegetative cover and routinely maintained. 5. The size of the gravel surface may not exceed the size of areas surfaced with concrete or bituminous on the property or 30 percent of the gross lot area, whichever is less. f. Items stored outdoors shall comply with chapter 30 of the Ramsey City Code entitled Public Nuisances. In addition to the request to increase to nine (9) tenants, there is a residential tri-plex, and Hirschfield's store on the Subject Property. Staff would recommend a site plan review which would include a Site Plan Sheet, Landscaping Plan, Utility Plan, Grading Plan, Lighting Plan, and Building Elevation Plan. These site plan review recommendations are typical for multi -tenant expansions. Staff would also recommend that the Applicant work with the State to confirm all State requirements are met, such as five (5) designated parking spaces per tenant; which plans have not been provided for. Notification: Notifications of this proposal were sent via Standard US Mail to Property Owners within 350 feet of the Subject Property, as reflected by Anoka County Property Records. A notice was also published in the Anoka UnionHerald, the City's Official newspaper. Observations/Alternatives: