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Home My WebLink About[04] Special Use Permit - North Country Trailer Sales Planning Commission Item 4 MEETING DATE: March 2, 2008 AGENDA ITEM: Special Use Permit -David Fimrite, North Country Trailer Sales, 414 - 8th Avenue NE. SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council issue a Special Use Permit to David Fimrite, North Country Trailer Sales to allow the operation of a used auto and trailer sales lot at 414 - 8th Avenue NE. PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission conducted the public hearing on February 2, 2009 to consider issuance of a Special Use Permit to allow the sale of trailers and used automobiles at 414 - 8th Avenue SE. During the hearing portion of the meeting, abutting properties owners expressed concern for safety and traffic if the SUP were approved. Specifically, the neighbors requested fencing, lighting, security and limitation of traffic on 8th Avenue. The Planning Commission tabled the matter in order to gather additional information. BACKGROUND INFORMATION: Since the Planning Commission meeting, the Building Official has meet on site with the Mr. Fimrite to review the fence. The fence is in good shape with the exception of two posts which need to be anchored. As soon as the weather permits Fimrite will secure the anchors. The existing fence extends to east beyond the house. While it does not fence the entire south boundary it does protect the house. The fence could be extended east to meet the front of the house if the Planning Commission requests. The fence cannot extend further than the front of the Notsch house as it will become a visibility issue when exiting the property. With regard to the pavement. Fimrite confirmed that a portion of the property is paved. Trailers and vehicles for sale on the lot will be located on bituminous surface. He has also indicated that he anticipates between 6 and 10 cars on the lot. The trailers will consist of both enclosed trailers and trailers used to haul small equipment such as bobcats/skid steer loaders. Any vehicle that is parked on the lot will not carry a weight heavier that than of typical personal vehicles. Fimrite has also indicated that no transport vehicles will be used to deliver or remove cars. Fimrite stated that he will be adding security cameras on the site so that it will flash and take a picture of persons walking around the site after hours. He also indicated that he is willing to fence the site after hours as well. Lighting -there are currently two wall mounted lights on the building as it faces 8th Avenue. Their will not be lighting facing towards the Notsch property. There are currently three pole mounted lights that are located in the front of the property as it faces County Road 75 and one additional light that is directed on the sign, also on the front of the property. The resolution of findings has been modified since the last meeting, adding the requirements to place a vehicle/trailer sales on the paved areas, repair the fence and addition of a security system. As a note of order -The Planning Commission closed the public portion of the permitting process and if additional testimony is desired or requested, the Planning Commission must make a motion to re-open the public hearing. The process is by Statute as the Planning Commission is in the Commission discussion portion of the process. ATTACHMENTS: Memo from the Building Official, aerial of the property. REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the findings recommending issuance of a Special Use Permit to North County Trailer Sales. Good Morning Judy, I just meet with Dave Fimrite out at 414 8`h Ave NE regarding the wooden fence location and current condition. As shown on the attached data view map is the fences approximate location. I have also included two photographs showing the fences condition. It would be my opinion that the vertical fencing is all in good condition. However some posts and framework along the west end are leaning. This issue could only reasonably be addressed in the spring after the frost is out. Lee Gladitsch Inspectron Inc. .. 2-25-09 Y O - W - Qp V ~ V i J. J ~ m - r - - m --- - Y 2 / ~ I ~\ l ` = ' 1 U] m -a m O ~ ~ - A ~ ~- A ~ C ^• `\ --1 ~~ 1 - a .:~ _~ ~ m x z m Z W V U m z z m m p - r ~ 2 C g m Z ~o w = A~ r~ r C 2 i Z G7 C1 2 ~o A N ~~ m Cn A W ~7 A r z ~] x S 7~7~ rC x, ~l m fio z A s z ~j ~ ~~ ~ I. ;~ G~~ P a ~lx A t; p C A ~ m ~ C m ,. p A G7 G"1 A ~ 10 ~{uip Ik...: ~~ Resolution of finding The request of North County Trailer Sales for a Special Use request came before the Planning Commission at a public hearing held on February 2, 2009. The purpose of the hearing was to consider issuance of a Special Use Permit to allow used automotive/trailers in a 62 Highway Business Zoning District. The property is located at 414 County Road 75, St. Joseph MN 56374. St. Joseph Code of 52.32 subdivision 4 (e) allows for new or used auto dealerships by issuance of a special use permit. The request has been submitted by Diamond Properties Partnership, 819 19th Avenue NE, St. Joseph MN 56374. Notice of this matter was duly served and published. The Planning Commission on February 2, 2009 closed the public hearing after hearing all those present wishing to speak and discussed the concerns presented. In an effort to secure additional information, the Planning Commission tabled action on this matter and continued the discussion at the March 2, 2009 Planning Commission meeting. Inconsideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting a special use permit, St. Joseph Code of Ordinances 52.9 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Special Use Permit to allow a used auto and trailer business in a Highway Business Zoning District with the following contingencies: 1. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The use of banners and streamers will be prohibited. 3. Only one access to the property will be allowed with that access coming from 8`h Avenue NE. 4. All vehicles or trailers located on the property for sale will be stored on the existing bituminous surface. 5. The fence located on the south property line will be repaired securing the posts. 6. The property will be monitored with a security system . Adopted this 2"d day of March 2009. S. Kathleen Kalinowski, Chair Judy Weyrens, Administrator