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Zoning Code Enforcement Officer Raines clarified that the report states that the City does not have <br />a business registration certificate on file and ask that one be provided in the future with the new <br />CUP request. She stated that the request for the site plan review is related to the expansion of a <br />nonconforming space. <br /> <br />Chairperson Bauer stated that the site plan shows a double row of parking rather than the triple <br />row requested. <br /> <br />Mr. Touchette confirmed that change was made. He commented that the building and property <br />line locations have been found to be in different places that originally believed. He stated that the <br />neighboring property owners access their properties through his property, which is why he wants <br />to maintain 24-foot drive aisles. He commented that the front parking has always been in that <br />location. He provided background information on his use of the property and the businesses that <br />have occupied the property. He stated that originally the Highway 10 plans came through his <br />property but that has changed and therefore he needs to find something that will work for the site. <br />He provided details on the status of his tenants. He disagreed on the classification of the retention <br />pond and provided details. He provided details on the proposed uses. He stated that the storage <br />containers are used for his own businesses at that location. He stated that he was not aware that <br />storage containers could not be used. He stated that the storage containers will be moved in order <br />to allow the paving. <br /> <br />Commissioner Gengler asked which items in option two would not be acceptable. <br /> <br />Mr. Touchette stated that it would move the fenced area into the parking area. He asked that the <br />fence area remain where shown as he has the permit for that, along with two rows of parking in <br />the back. He stated that he has also discussed proactive measures that would prevent parking <br />where it should not occur. He noted that he would plan to dig a hole in that area which would <br />prevent parking and would allow for an area to store snow. <br /> <br />Chairperson Bauer noted that this is zoned Highway 10 business and the only thing he would view <br />as a lawful nonconforming use would be the residential which is not being used as such. <br /> <br />Senior Planner McGuire Brigl stated that an expansion would also fall into that category. She <br />stated that there would be physical expansion of the lawful nonconforming use. <br /> <br />Chairperson Bauer asked what would be nonconforming as the property is zoned business and all <br />the uses are business. <br /> <br />Mr. Touchette stated that in 2019 when the property was determined that it would not be taken by <br />the Highway 10 project, he began cleanup of the property. He stated that there is a strip of asphalt <br />near the railroad tracks that was added and noted that without permission that is an expansion of a <br />lawful nonconforming use. <br /> <br />Senior Planner McGuire Brigl stated that motor vehicle related uses are conditional uses and not <br />permitted uses. She explained that a CUP would be needed for motor vehicle sales and services <br />Planning Commission/ October 28, 2021 <br />Page 19 of 23 <br /> <br />