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STAFF REPORT <br />'I'o: City Council Report No.: _ <br />From: Kim Moore -Sykes, Assistant City Manager <br />Date: January 23, 2007 <br />Subject: 2520 Kenzie Terrace, B'Yond Automotive CUP <br />Requested Action: Action on Planning Commission Recommendation <br />Date Au plication Received: December 14, 2006 <br />Property Address: 2520 Kenzie Terrace <br />Zoning District: Commercial <br />60 -Day ExjAires, February 13, 2007 <br />Waiver LetterRequired: N/A Yes Date Sent; No <br />*Action on this application is scheduled for January 23, 2007, therefore is <br />not subject to the Minnesota 60 -Day Rule. <br />Action: Public Hearing <br />Background: Staff was contacted by Mr. Josh Hamann, proprietor of B'Yond Automotive, Ltd. inquiring <br />about the possibility of moving his automotive business to 2520 Kenzie Terrace. Iie reported that he contacted <br />Theresa Hawk, the owner of the property, and which is also the site of Brownie's Restaurant and other vacant <br />commercial buildings. Staff suggested, based on the information that Mr. Hamann provided, that his business <br />would be better situated in the Industrial Patk. Mr. Hamann reported ata Concept Review held October 17, <br />2006, that lie does not use paints, lacquers, polishes, etc., as part of his automotive customizing services. His <br />customizing detailing is mostly through an applique process. He reported that he also installs customized toes, <br />rims, auto interiors, stereo and speakers, and security systems. Mr. Hamann responded to questions about noise <br />and hours of operation, statuig that his business produces very little noise and his howl of operation would <br />comparable to those of the surrounding businesses. <br />A Mlication Review: The only automotivc use permitted in the Commercial Zoning District is for auto <br />accessory or parts stores (1632.02 (i)). At the Concept Review in October, Mr. I Iamamr's business was <br />determined to also include ,into repair because of the installation and customizing services he provides. The <br />City Ordinance requires a Conditional Use Permit for auto repair services located in the City's Commercial <br />Zoning District (1635.03 (d)). <br />The applicant responded to the following criterion as part of his application submission. These responses were <br />reviewed by the Planning. <br />Criteria #1 rhe use is one of the Conditional Uses specifically listed for the district in which the property is <br />located and is not in conflict with the Comprehensive Plan . <br />F:ACouncil Meetings\2007A012307A011607 CUP SR to Couneil.doc <br />