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    5. 3.    
Regular Planning Commission
Meeting Date: 09/07/2017  
By: Tim Gladhill, Community Development

Information
Title:
CASE ADDED/PUBLIC HEARING: Consider Resolution #17-09-217 Granting a Variance to Front Yard Setback for Parking Lots and Resolution #17-09-218 Granting a Conditional Use Permit for Motor Vehicle Sales at 7103 Highway 10 NW (Project No. 17-140); Case of Motors on 10
Purpose/Background:
The purpose of this case is to consider the following:
  1. Conditional Use Permit - Motor Vehicle Sales
  2. Variance - Front Yard Setback (Parking Lot)
Notification:
Staff has attempted to notify all Property Owners within 350 feet of the Property of the Public Hearing. The Public Hearing Notice was published in the Anoka County UnionHerald.
Observations/Alternatives:
The request for Conditional Use Permit will allow the expansion of a parking lot to facilitate motor vehicle sales. For enforcement and review purposes, the City made motor vehicle sales a Conditional Use Permit in 2009. The request, overall, seems reasonable, with exceptions outlined below.

The expansion shall require an easement with the City for use of City-owned property for portions of the proposed stormwater improvements.

The proposed expansion is deficient in front yard setbacks for parking lots. If the Planning Commission so desires, approval shall require the issuance of a Variance. The parcel is odd-shaped, and the building is screened from view from Highway 10. The City has had enforcement difficulties with past users of this parcel, using the unimproved area for display of vehicles for sale in violation of City Code. Expansion of the parking lot would improve the condition of the property and reduce the amount of enforcement action necessary on the parcel.

When considering a Variance, the Planning Commission shall consider the following factors:
  1. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.
  2. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
  3. The variance, if granted, will not alter the essential character of the locality.
  4. Economic considerations alone do not constitute practical difficulties
Funding Source:
All costs associated with processing the Application are the responsibility of the Applicant.
Recommendation:
Staff recommends approval of the Conditional Use Permit to allow the expansion of the parking lot.

The Planning Commission must decide if the request to variance to the 20 feet front yard setback (parking lot) is a reasonable request. The Applicant has stated that the built environment surrounding the parcel (the adjacent parcel to the west is lawful, non-conforming and does not have the 20 foot setback), that the request is reasonable. The Planning Commission is making the final decision on the request for Variance; it is not a recommendation to the City Council.
Action:
Motion #1 (separate motion): Motion to adopt Resolution #17-09-217 granting a Variance to Front Yard Setbacks for Parking Lots. (Note: the Planning Commission is making a quasi-judicial decision on this motion, not a recommendation)

Motion #2 (separate motion): Motion to recommend that the City Council adopt  Resolution #17-09-218 granting a Conditional Use Permit for Motor Vehicle Sales, contingent upon compliance with the Staff Review Letter.

 

Attachments
Site Location Map
Plan Set
Staff Review Letter
Resolution #17-09-217: Variance
Resolution #17-09-218: Conditional Use Permit

Form Review
Inbox Reviewed By Date
Tim Gladhill (Originator) Tim Gladhill 09/05/2017 04:23 PM
Form Started By: Tim Gladhill Started On: 08/30/2017 01:51 PM
Final Approval Date: 09/05/2017

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