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

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