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Zoning Code Enforcement Officer Raines presented the staff report statingthat staff recommends <br />approval of the application for a Conditional Use Permit at 7127 Highway 10 NW with the <br />conditions of a site plan review to prove adequate parking and State requirements are met. The <br />property requires a CUP in accordance with City Code Section 117-120 for an expansion of lawful <br />nonconforming uses. Contingent on approvalfrom the City Council, the applicant will need to <br />submit a full site plan review. The full site plan provides proof of adequate parking for all uses on <br />the property, that State codes are met for the building and site requirements and demonstrates that <br />improvements will not affect current grading. <br /> <br />Commissioner Gengler asked the location of the residential building. <br /> <br />Commissioner Anderson asked the zoning as well. <br /> <br />Zoning Code Enforcement Officer Raines replied that the property is part of the Highway 10 <br />business district with some lawful nonconforming rights and uses. <br /> <br />Senior Planner McGuire Brigl noted that any expansion of a lawful nonconforming use requires a <br />Conditional Use Permit, therefore conditions can be placed upon that. She noted that staff has <br />concerns with the number of uses on the site. She reviewed the current uses on the property. <br /> <br />Citizen Input <br />Ron Touchette, applicant, stated that this is a personal situation for him as this property has had <br />challenges. He stated that the necessary improvements to Highway 10 have unfortunately caused <br />he and his family a great deal of heartache and monetary losses. He stated that he first stood in <br />this room 30 years ago when he started his business. He commented that legacy was nearly <br />destroyed in 2011 when the predecessors at the City decided to put Highway 10 through his front <br />door, causing a loss of tenants and nearly caused him to file bankruptcy. He stated that for 30 <br />years he has operated the property with his business and the multiple tenants on the property. He <br />stated that this City has used his body shop and continues to use that body shop to repair its <br />vehicles. He stated that there was no such thing as a business registration license when he started <br />his company. He stated that he personally built the building with his hands and was involved with <br />the improvements. He stated that he worked at the site sometimes seven days per week to provide <br />for his family. He recognized that none of these members were present in 2011 when the worst of <br />this occurred and commented that it has been a long ten years of not being able to properly run his <br />property because of the plans for Highway 10. He stated that he does not deny that Highway 10 <br />needs improvement and he has worked with the City and watched the City purchase multiple <br />properties around him. He requested that the Commission allow him to speak after they provide <br />input on what they would like from him. He stated that he cannot live with option two that has <br />been presented but can live with some changes. He stated that four days ago he was told that a <br />site plan would be necessary, which he had completed by 5 p.m. tonight which he submitted to <br />staff and has copies of tonight. He believed that the site plan would solve the concerns of the City, <br />police and fire and would allow for a use of the property consistent with what other properties are <br />able to do. <br />Planning Commission/ October 28, 2021 <br />Page 18 of 23 <br /> <br />