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MINUTES <br />CITY COUNCIL <br />DECEMBER 15, 1999 <br />There was no one present, other than the applicant, wishin~ to comment <br />on this matter. <br />Upon motion by Morelan, seconded by LaValle, the pubiic hearing was <br />closed. <br />Lori Peterson, Valor Enterprises, reported that retail auto sales is a limited <br />portion of their business. They are requestin~ a CUP in order to conduct <br />retail auto sales, and do not wish to find an additional location to conduct <br />this portion of the business. Peterson indicated that she understands that <br />in order to justify the granting of a variance, a hardship must be present. <br />She aiso understands the concern that the City would not want to see retail <br />sales as the primary portion of the business. Peterson indicated that if <br />retail sales was their primary use, another location would have been <br />chosen. Peterson pointed out that the only problem under the Code with <br />their proposed use is that they do not meet the 500-foot distance separation <br />requirement. <br />Fahey pointed out that when this Code was put in place the concern was <br />that retail auto sales lots tend to congregate. The City wanted to ensure <br />that it did not have a row of vehicle sales lots a(ong Rice Street. <br />Scalze indicated that the variance process is not the correct procedure for <br />this request since there is no hardship present. Fahey a~reed, and <br />indicated that if the Council feels the 500-foot separation requirement <br />should be addressed, then a text amendment should be considered. <br />Morelan asked what districts retail auto sales lots are allowed in. The <br />Planner replied that they are allowed in all the business districts as well as <br />I-1 by conditional use permit. <br />Morelan stated that he understands the rational behind the 500 foot <br />distance separation, but suggested that given the number of licenses are <br />limited to four and this would be the fourth license to be issued, the <br />provision should be eliminated. Morelan indicated that the worst case is <br />that there would be four auto sales lots alon~ Rice Street, and he did not <br />see that happening. <br />Scalze pointed out that this ordinance came into effect when additional <br />auto sales lots were proposed in the area of Tom's Auto Sales on County <br />Road C. <br />Fahey pointed out that the Council cannot amend the ordinance toni~ht. <br />However, the Council can give the applicant an indication of whether or <br />not it would support elimination of the 500-foot separation requirement. <br />12 <br />