11-12-2014 Council Agenda - Laserfiche WebLink

Home Browse Search

has indicated to city staff that he has evicted his tenants from the property as of October 3151. Russ hopes the tenants will rent from him again once the new building is constructed, but for now he has terminated their lease agreements. Russ is not allowing any of their vehicles on the site (eviction action is being taken for removal of the ears). One of the business owners from Nova Auto Sales has requested that staff not revoke the licenses because there is no building to operate from. The tenants are proposing to sell vehicles (from another unknown location) with the existing licenses issued to C•ischer's property. The State does not check with the City to verify status of zoning approval once a license has been issued. The tenants' dealers license will need to be renewed with the State Dealer Division in January, but they are asking that they be allowed to renew status quo by us not informing the Dealers Division of these current events. The State Dealer's Division would not renew a license without zoning approval from the City. Under our Zoning, a building is required in order to qualify for the indoor sales license. 914.040, I-1 Light Industrial - C. Motor vehicles and recreational equipment sales (indoor) and garages accessory thereto provided that: 1. The applicant has a minimum of five (5) vehicle display, demonstrated on a floor plan of the building, including construction details which identify compliance with the terms of this Section. 2. The structure and site must meet all requirements for applicable State of Minnesota licensing. Below is the provision of our city code for revocation of the used car sales license: 803.050. NOTICE OF REVOCATION. The Council may upon ten (10) days written notice, require the licensee to show cause as to why his license should not be revoked if he fails to live up to the provisions of this Chapter or to any special provisions required by the Council at the time of the issuance of the license. Upon failure to show cause the licensee's rights may be terminated by the Council. Staff would like to note that there is no provision in the current code to allow for a temporary motor vehicle licenses (temporary would be to give them some type of zoning approval needed for Dealers Division given the current dilemma), With regards to the licenses, our city license is issued until June 30, 2015. If staff does not take any action on the licenses, the tenants will have our license and will be able to renew with the Dealers Division business as normal (that is unless their inspectors goes to site and sees no building). With regards to the repair licenses, there is no provision in our municipal code for revocation of the auto repair minor or salvage license under that ordinance. Staff believes the bigger issue is to stop the ability for these businesses to renew their dealer's license with the State under the false pretenses that they are still operating out of a building in Little Canada. Consideration could be given in the future to incorporating this type of provision into the Motor Vehicle Repair section, but staff suspects our concerns will be mitigated by taking action on the retail sales portion. 3