Agenda - Council - 12/14/2021 - Laserfiche WebLink

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