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Item No: 7B Meeting Date: Dec 12, 2011 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Review Conditional Use Permit issued to 2400 County Road H2 (Robert’s Sports Bar & Entertainment) for Seasonal Outside Sales (Public Hearing) Introduction: The City has been fielding complaints from residents regarding the outside sales operations taking place at the property located at 2400 County Road H2. The complaints generally regard the aesthetics of the site (projected image), degradation of the neighborhood, the operations occurring in conflict with the conditions associated with the approval, and other uses (such as auto sales) occurring inconsistent with the City Code. Kevin Halverson, representing property owner Goff Holdings, was made aware of these complaints by letter on August 26, 2011 (attached). Background: In 2009, Mr. Halverson requested City approval of an outdoor sales conditional use permit (to conduct flea markets, auctions, farmer’s markets) and a variance to expand the total sales area. The requests were approved (with stipulations) after public hearings with the Planning Commission and City Council. A variance was requested because outdoor sales areas are limited to no more than 30% of the gross floor area of the principal structure. The Robert’s building is 11,295 square feet, thus per City Code, 3,389 square feet of area could be designated for outside sales. Mr. Halverson requested an additional 11,811 square feet of outside sales area on the property for a total of 15,200 square feet. The Planning Commission approved the variance. The City Council approved the Conditional Use Permit (CUP) for the outdoor sales on April 27, 2009 via Resolution 7444. At some point subsequent to receiving approval for the outdoor sales, Mr. Halverson began coordinating an “owner to owner” automobile sales operation at the facility. A letter was sent to Mr. Halverson dated July 25, 2011 (attached) outlining the City Code requirements for auto sales, such as the need for a separate Conditional Use Permit and a auto sales business license. No application was received for an auto sales CUP. Discussion: Resolution 7444 (attached) approved by the City Council on April 27, 2009, included specific stipulations and conditions regarding the outdoor sales, including: Sales may only occur from April through September annually; only on Thursdays, Saturdays and Sundays; and only during the hours of 7:30 am to 1:30 pm. (These months, days and hours were provided by the applicant, Kevin Halverson.) A letter was sent to Mr. Halverson in August indicating that sales were occurring outside the times permitted and that vehicles were being stored over-night in violation of the associated conditions.