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<br />I <br /> <br />I <br /> <br />I <br /> <br />Page 2 <br />Council Meeting Minutes ~ May 22,2001 <br /> <br />Consent A!!enda. continued <br /> <br />3. <br /> <br />CONSIDERATION OF APPROVAL TO AUTHORIZE CITY MANAGER <br />TO PREP ARE NECESSARY AGREEMENT BETWEEN CITY OF NEW <br />BRIGHTON AND COMMUNITY PARTNERS WITH YOUTH FOR THE <br />PURPOSE OF PROVIDING COMMUNITY PARTNERS WITH YOUTH <br />THE 1990 FORD E250 SUPER CARGO VAN IN CONSIDERATION FOR <br />SERVICES PROVIDED TO THE CITY THROUGH ITS PROGRAMMING. <br /> <br />5 Ayes - 0 Nays, Motion Carried. <br /> <br />Public Hearing - None <br /> <br />Council Business <br /> <br />SPOt-OS and NCOI-01, Consideration of Special Use Permit and Type IV Non-Conforming <br />Use Permit to operate an used automobile sales and leasing service at 443 Old Hwy 8 NW. <br />There is an existing three story building with offices on the top floor, and warehousing and <br />manufacturing on the bottom two floors. Automotive sales are listed as a Special Use in a <br />B-3, but the deficit of four on-site parking stalls requires a non-conforming use permit. <br /> <br />The Planning Commission voted unanimously to deny the proposal. Staff has concern <br />regarding the parking situation due to a 1997 court case which New Brighton was a cross- <br />claim defendant for approving construction of a building without adequate parking. A <br />settlement was reached and the former owner entered into an agreement with the City and <br />adjacent building owner for permission to access 9 parking stalls. This action addressed <br />and reduced the parking deficient, but did not satisfy code requirements. Staff recommends <br />denial due to site non-conformities and the proposed use will exacerbate the present parking <br />deficit. <br /> <br />Samuelson asked ifthere are other New Brighton locations which would accommodate this <br />business. Boylan added that staff did convey to the applicant their assistance in locating <br />another site. Samuelson noted that the Planning Commission was firm that this is an <br />infraction of the parking code and the need to uphold the code. Larson reiterated that the <br />Planning Commissioners had great concern relating to previous litigations. <br /> <br />Dan Jankowski, 1 070 Pike Lake Dr., said the business involves purchasing 6-8 vehicles <br />monthly at auctions and selling them via Internet. No large on-site vehicle inventory is <br />required, and transactions occur evenings and weekends. He researched other locations, but <br />did not find office space which suited his needs. Sweeley asked the number of vehicles <br />anticipated to be parked on-site. Jankowski explained the business is not an inventoried car <br />lot, and normally one additional vehicle would be stored on site awaiting the buyer. <br /> <br />Fulton noted concern that Jankowski's business could change in a matter than would <br />exacerbate the parking situation. Jankowski explained that in order to expand or change the <br />use it would require City and State licensing and approval procedures. <br /> <br />Consent Agenda <br /> <br />Park Van <br />Report 01-119 <br /> <br />Council Business <br /> <br />Auto Sales Non <br />conforming use permit <br />443 Old Hwy 8 NW <br />Report 01- 120 <br />