Minutes - Council - 11/09/2021 - Laserfiche WebLink

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six to ten. She noted the Interim Use Permit would be for five storage containers on the property. She explained that the property currently has several uses including retail, residential, commercial operations, and storage containers. A site plan is procedural for an expansion of a commercial property, which would be a contingency on the CUP which would be an administrative site plan review. Zoning Code Enforcement Officer Raines presented two alternatives. Alternative 1 was to approve the CUP and Interim Use Permit with conditions. Alternative 2 was to deny the CUP and IUP. This would decrease the current expanded operation to its original footprint and allow five auto sale tenants and one auto sales and repair tenant. Councilmember Specht commented that Highway 10 is nearby and asked if the site would be impacted by the Highway 10 plans. City Administrator Ulrich replied no, the site wouldn’t be impacted. Motion by Councilmember Musgrove, seconded by Councilmember Specht, to adopt Resolution #21-219 granting a Conditional Use Permit and declaring terms of agreement at 7127 Highway 10 NW; Case of Ron Touchette. Further Discussion: Ron Touchette, 7127 Highway 10 NW, stated he has owned and operated the property for over 30 years. He started the body shop and has continued to operate it. He referenced discussion on property rights and owners’ property rights and stated he feels his property rights have been stolen. He explained that ten years ago, the City told his tenants and businesses to leave because of the incoming highway so his income was affected. Today, he is asking to be able to operate the body shop and a motion today would limit him to double parking of the damaged cars so he can’t operate the body shop. Mr. Touchette stated that the damaged cars don’t move but may stay parked for a time awaiting parts and for many years there wasn’t an issue with the additional parking. He requested that the resolution be passed as presented. Councilmember Musgrove asked Mr. Touchette if he agreed with the plans or if there was anything he would like to see changed. Mr. Touchette replied the plan that was created was a good one that would work. Councilmember Musgrove asked about the lawful nonconforming status on this area with regard to the parking on non-pervious surfaces. Senior Planner McGuire Brigl stated the applicant is proposing two rows of parking in the back, which the safety team is comfortable with but they don’t like to see cars triple or quadruple stacked. Councilmember Howell asked the applicant if he agreed with the motion as presented and if it would make his business viable. Mr. Touchette confirmed this. Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Musgrove, Specht, Heineman, Howell, Riley, and Woestehoff. Voting No: None. 7.03: Adopt Resolution #21-314 to Approve a Private Kennel License for the Property rd Located at 6620 153 Ct NW (Project 21-143); Case of Roger Vargas City Council / November 9, 2021 Page 18 of 26