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MOUNDS VIEW <br />City of Mounds View Staff Report <br />Item No: 05B <br />Meeting Date: April 17, 2019 <br />Type of Business: Planning Case CU2012-001 <br />To: Mounds View Planning Commission <br />From: Jon Sevald, Community Development Director <br />Item Title/Subject: Resolution 1096-19, Recommending Approval of the Revocation <br />of a Conditional Use Permit for C & N Group, LLC (dba Tires <br />N'More), 2832 Mounds View Boulevard <br />Introduction: <br />The City has taken numerous enforcement action against Tires N'More, located at 2832 <br />Mounds View Boulevard. The property is in violation of City Codes pertaining to non -permitted <br />land use (warehouse), outside storage, and Fire Code violations. At times, the property owner, <br />C & N Group LLC, has cooperated with the City, but many times they have not. Staff have <br />nearly exhausted its options for enforcement. Revocation of the CUP is one additional option. <br />Discussion: <br />Tires N'More is one of several auto related businesses operated by the Soussi family. It is <br />Staff's understanding that the owners intend to use this location as a distribution center <br />(warehouse) for its many retail operations. <br />The primary concerns the City has relates to improper storage of tires inside and outside of the <br />building, and exterior storage of semi -trailers' and inoperable vehicles. The excessive amount <br />of tires creates very hazardous conditions, should a fire occur. The primary concern the public <br />has expressed is that the area looks "rundown" .2 <br />Zoning Code Violations <br />The property is zoned B-3 Highway Business, and guided for Mixed Use in the Comprehensive <br />Plan. Naoufel Soussi, representing Tires N'More, received a Conditional Use Permit (CUP) for <br />a "Tire and MinorAuto Repair Store" in 2012 (Resolution 7984). To the City's knowledge, a <br />store was never opened. Instead, the building has been used for the warehousing of tires. <br />"Warehouse" is not a permitted use in the B-3 district. <br />With cause, the City Council may revoke the CUP. In this case, the property cannot be used for <br />"Tire and Minor Auto Repair' [emphases added]. It can be used for "limited retail uses which <br />have, as the principle use, sales with warehousing or display secondary to that use." Since the <br />property is not used for auto repair, revoking the CUP has no effect on the current use as a <br />warehouse, nor would it affect the appearance of the property (e.g. the public's concern of <br />looking rundown). <br />Mounds View City Code, Section 1114.03 (B-3 district) allows all permitted accessory uses, as allowed in the B-2 <br />district, which refers the same to permitted accessory uses as allowed in the B-1 district. Section 1112.03, Subd 2 <br />(Accessory Uses in B-1 District); "Off-street parking as regulated by Chapter 1121 of this Title but not including <br />semi -trailer trucks". Staff interprets this as off-street parking of semi -trailer trucks is prohibited in the B-1, B-2, <br />and B-3 districts, unless for deliveries. <br />2 City of Mounds View Community Opinion Survey (2018), referring to multiple comments about vacant businesses <br />and properties along Mounds View Boulevard, not specifically Tires N'More by name. <br />The Mounds View Yisiuu <br />A 7111-irbng Desiruhle (bnmmwilY <br />