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-4- <br />2. <br />4-2. The applicant obtained his initial dealer's license <br />from the City in 1969. <br />In 1957 the subject property was regulated by City ordinance <br />No. 61 and was classified as being in a business district. Based <br />on the applicant's information, Ordinance No. 61 and our present <br />zoning ordinance the sales of used cars appear to be "Grandfathered" <br />in. <br />A second factor to consider in determing the applicability <br />of a special use permit in this case is the question of primary <br />and secondary uses. While the Code does not make this differentiation <br />past Council practice has been to require the special use permit <br />where the sale of used cars=was the primary use (e.g. Minar Ford), <br />but not where this use was only incidental to the principal use <br />of the property, such as First,State Bank of New Brighton, <br />Community Credit, etc. There is nothing in the Zoning Code that <br />speaks directly to how these situations should be handled. <br />The applicant has indicated that he averages about 15 used <br />car sales per year and that he typically has 2 - 4 used <br />vehicles "on -hand". This would seem to indicate that the use is <br />secondary to the service station use. <br />Conclusion <br />Based on our understanding of the Council's concern for <br />this matter, we have prepared a resolution that delineates the <br />parking spaces and requires vehicles to be parked on the site. <br />Questions to be considered include: <br />1. The number of parking spaces required. <br />2. Is the display of vehicles for sale to be permitted? <br />3. The number of vehicles that may be displayed on the <br />premises. <br />4. Are vehicles for sale permitted to be parked in the <br />delineated parking spaces? <br />The resolution, as prepared, could be applied using either <br />Attachments C or D depending on which parking plan the Council <br />wishes to uae. <br />James F. Winkels <br />City Planner <br />JFW:bj <br />