2019.01.08 CC Packet - Laserfiche WebLink

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December 11, 2018 Page 7 of 10 5. Consider a Resolution to approve a Special Use Permit to authorize minor automobile repair and sales from the existing building at 383 Old Highway 8. Motion by Councilmember Burg, seconded by Councilmember Dunsworth to approve the Special Use Permit to authorize minor automobile repair and sales from the existing building at 383 Old Highway 8 based on the applicant’s submittals, findings of fact and conditions. City Manager Lotter indicated Assistant Community Assets and Development Director Gozola would be presenting this item to the Council. Assistant Community Assets and Development Director Gozola stated Josh Burrs is seeking approval to operate an automobile sales business and automotive repair business out of the former Steve’s Gas & Splash building located at 383 Old Highway 8. Mr. Burrs has recently entered into an agreement to sell his other property at 581 Old Highway 8 to the City, and is seeking to relocate all (local) business activities to this new site. Sales would be limited to no more than five cars. The repair shop would service the for sale vehicles being sold by Mr. Burrs from his various locations, and would also provide service to the public. In addition to auto repair, the service shop would provide DOT inspections for Lyft, Uber, and Taxi drivers. Staff reported the Planning Commission reviewed this item and recommended approval with conditions. Councilmember Burg stated she attended the Planning Commission meeting and noted she appreciated the discussion that was held. She explained there was concern with the number of cars being parked at this property, while also wanting to support the growth of this local business. She indicated she drives by this property quite often and understood too many cars were being parked onsite. She reported she could support the SUP with active enforcement of the conditions. Mayor Johnson asked if Mr. Burrs owns this business and location. Josh Burrs, 383 Old Highway 8 NW, explained he owns the business but leases the property. Mayor Johnson questioned if Mr. Burrs had completed any car sales from his property. Mr. Burrs stated he has not sold any cars. He commented further on the signs on his property and noted they were put in place to differentiate his business. He explained the cars at the 383 Old Highway 8 property were not fit for sale. Mayor Johnson inquired why the City has had troubles with Mr. Burrs at his 581 Old Highway 8 property. Mr. Burrs stated this was due to the fact he was young and was making mistakes. He reported his business had grown quite quickly and he apologized for his missteps. He commented in his eyes it was just a parking issue, which did not seem to be that big of a concern. He indicated he had a lease on a new property in Maplewood which would help him address the parking concerns. Mayor Johnson stated perhaps Mr. Burrs entered into a lease agreement without getting the proper permits in place for his business. Mr. Burrs commented on the amount of money he had spent to make his building more presentable to the public. Mayor Johnson expressed concern with the fact Mr. Burrs had a history of not abiding to City Code. She reported the residents of New Brighton wanted this corridor improved and noted long-range plans include the addition of several 100’s of new homes. She feared that Mr. Burrs history with the City would make it difficult for her to trust his actions in the future. Councilmember Jacobsen agreed with the Mayor and stated he would not be able to support Mr. Burrs request. He explained he wanted to have a good business along this corridor and one that he could trust. Mayor Johnson asked why the propane tank and gas pumps were in place. Mr. Burrs reported these items were owned and operated by Arnel Oil. Mayor Johnson questioned how cars could flow through the area with the pumps in place. Mr. Burrs discussed how traffic flow ed through the property. Councilmember Burg stated she too had concerns with the number of cars being parked on this property and had discussed this with Mr. Burrs after the Planning Commission meeting. She feared that Mr. Burrs had mislead her as to whose cars were being parked on the property. She questioned Mr. Burrs honesty with the City and feared how the parking on this property would become a code enforcement issue. Mr. Burrs commented on the cars that were being parked on the site, noting several were for employees. He explained he had sent a number of cars that were on the property to auction. Mayor Johnson summarized the numerous business operations that Mr. Burrs was completing on his 5. Consider a Resolution to approve a Special Use Permit to authorize minor automobile repair and sales from the existing building at 383 Old Highway 8.