Resolution - #21-287 - 11/09/2021

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Councilmember Musgrove introduced the following resolution and moved for its adoption: RESOLUTION #21-287 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AUTOMOTIVE SALES AT 6957 HIGHWAY 10 NW AND DECLARING TERMS OF AGREEMENT RECITALS 1. Jay Laws, on behalf of Laws Auto Connection, hereafter referred to as "Permittee", has properly applied for a Conditional Use Permit to allow motor vehicle sales on the property generally known as 6957 Highway 10 NW and legally described as: LOT 4 AUDITORS SUBDIVISION NO 31 DESC AS FOL: COM AT SE COR OF SD LOT, TH NWLY ALG SWLY LINE OF SD LOT 520 FT TO POB, TH CONT NWLY ALG SD SWLY LINE 155 FT, TH DEFL TO RT AT ANG OF 88 DEG 335 FT +OR- TO NELY LINE OF SD LOT, TH SELY ALG SD NELY LINE 155 FT +OR- TO INTER/W A LINE EXTD NELY FROM POB AT ANG OF 88 DEG, TH SWLY ALG SD LINE 338 FT +OR- TO POB, EX SLY 42 FT THEREOF, Anoka County, Minnesota (the `Subject Property'); 2. That the Subject Property is zoned H-1 Highway 10 Business District and is approximately 1.04 acres in size. 3. That motor vehicle, implement, and recreation equipment sales and service is a conditional use in the H-1 Highway 10 Business District. 4. That the Subject Property abuts Highway 10 NW to the south, and parcels to the east and west of the Subject Property are zoned H-1 Highway 10 Business District. 5. That the Permittee has submitted a site plan indicating five (5) parking spaces dedicated to the business in the north existing parking lot, and a private entrance to their office. That Section 117-120 of the City Code requires all parking and pavement (including maneuvering, sales, and display areas) be setback from the street right-of-way a distance of at least twenty (20) feet. 7. That City Code Section 117-356 (Commercial and Industrial Development Off -Street Parking) requires one (1) dedicated customer parking space for every ten (10) vehicles displayed; three (3) dedicated customer parking spaces for each enclosed bay; and one (1) dedicated parking space for each full time employee. 8. That vehicles displayed for sale shall be restricted to bituminous or concrete surfaces only. 9. That the Planning Commission met on October 28, 2021, and conducted a public hearing and recommended approval of the request. 10. That the City Council met on November 9, 2021 and approved the request.