12-18-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL DECEMBER 18, 2013 ability to identify the indoor sales spaces from the auto repair spaces is difficult. Often times, the vehicles that are for sale end up being displayed outside, which is a violation of the license. The Planner indicated that in order to ensure that the indoor sales conditional use permit allowance is not being misused and converted to an outdoor sales lot, he is recommending a number of additional conditions as outlined in his September 9, 2013 report. These conditions include a better defined floor plan of the building showing the minimum five indoor display spaces, direct access to the sales floor area without going through the repair area, physical separation of the sales /display floor area from other building uses, a minimum of 200 square feet per vehicle on display, and clarification that no outdoor storage of vehicles for sale is allowed. The Planner noted that the second recommendation relates to "Salvage Vehicle Sales and Repair ". The Planner indicated that the majority of code enforcement issues that the City has dealt with relate to this use. The Planner pointed out that if the use is eliminated, those businesses holding Conditional Use Permits for "Salvage Vehicle Sales and Repair" will be grandfathered in as legally non - conforming uses and will be required to comply with the conditions of their approval. Montour asked about the sale of a salvage business. The Planner indicated that a CUP runs with the land; and if a business is sold, the new owner would be required to comply with the same conditions of approval. McGraw asked if the business could be expanded. The Planner indicated that a legally non- conforming business cannot expand. The Planner also pointed out that the CUP for legally non - conforming uses lapse if the business is out of operation for a year. The Council discussed the moratorium that is currently in place. The City Planner indicated that if the ordinance amendment is adopted, the Council could act to lift the moratorium upon publication of the new ordinance. Don Gagne asked about the County's impound lot on South Owasso Blvd., expressing concern with the condition of their outdoor storage area. The City Administrator reported that this issue is scheduled for discussion at tomorrow's meeting of the Sheriff's Department and contracting cities. The Administrator reported that he will review the CUP conditions of approval, and suggested that there may be some compliance issues and /or adjustments that could be made to the lay -out of the outdoor storage. There was no one else present from the general public wishing to comment on this matter. Upon motion by Boss, seconded by McGraw, the public hearing was closed. 9