HomeMy WebLinkAboutCC RES 07-020 RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP) TO ALLOW B'YOND AUTOMOTIVE TO BE LOCATED IN THE KENZIE TERRACE COMMERCIAL DISTRICT Meeting Sheet
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Box: 31
Folder: RES 2007
Document: CC RES 07-020 RESOLUTION TO APPROVE THE REQUEST
FOR CONDITIONAL USE PERMIT (CUP) TO ALLOW B'YOND
AUTOMOTIVE TO BE LOCATED IN THE KENZIE TERRACE COMMERCIAL
DISTRICT
CITY OF ST. ANTHONY
RESOLUTION 07-020
RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT
(CUP) TO ALLOW B'YOND AUTOMOTIVE TO BE LOCATED IN THE KENZIE
TERRACE COMMERCIAL DISTRICT
WHEREAS, Mr. Josh Hamann, applicant and owner of B'Yond Automotive has made
application for Conditional Use Permit approval under City Code 1635.03
(d) to allow auto repair services to be located in a commercial zone
district; and
WHEREAS, the City of St. Anthony Planning held a Concept Review on October 17,
2006 to meet Mr. Hamann and review his request; and
WHEREAS, on January 16, 2007, the Planning Commission conducted a public hearing
on the proposed CUP; and
WHEREAS, all required public notices regarding the public hearing were posted and
• sent as required by State Statute; and
WHEREAS, the Planning Commission has recommended approval of the proposed
CUP subject to the conditions listed below; and
WHEREAS, the City Council reviewed the requested CUP at its regularly scheduled
meeting on January 23, 2007; and
BE IT RESOLVED that the City Council of the City of St. Anthony does hereby
Adopt the following Findings of Fact related to the requested CUP:
Criteria #1 The use is one of the Conditional Uses specifically listed for the district
in which the property is located and is not in conflict with the
Comprehensive Plan .
Finding #1 This use in this zoning code is not in conflict with the current Comprehensive
Plan. The Comprehensive Plan designates this site as commercial and according
to the City's Zoning Code, auto repair is a use that is permitted with a CUP in
Section 1635.03 (d)) in the Commercial Zoning District.
Criteria #2 The use will not be detrimental to the health, safety, or general welfare
• of persons residing or working in the vicinity or to the values of
property in the vicinity.
Finding#2 The proposed automotive repair use would be located and accessed in such fashion
that they will not be injurious to the use and enjoyment of other properties in the
immediate residential neighborhood. To achieve this standard, B'Yond
Automotive will limit its hours of operation to Monday through Friday, 9:00 am
to 5:00 pm; Saturday, 9:00 am to 1:00 pm; and closed on Sunday.
Finding #3 The proposed automotive use will not be injurious to the use and enjoyment of
properties in the area because the owner has reported that he expects to do all the
installation work in a repair bay that he is planning for inside the building. By
restricting activities to the repair bay, he intends to control the level of noise so as
to not disrupt the activities of the neighborhood.
Finding #4 The proposed automotive detailing work as described by the owner does not
require the use of solvents, paints, lacquerers or other products that would
produce an offensive odor. Most of the custom detailing or decals are self-
adhesive.
Criteria #3 The use will provide a service or a facility,which is in the interest of
public convenience and will contribute to the general welfare.
Finding #5 The proposed use will offer convenience to the residents of St. Anthony in that the
• automotive services will provide a wide range of customizing services to
prospective customers and residents of St. Anthony. The use contributes to the
general welfare of the community by encouraging residents to do business locally.
Criteria #4 The City Council has specified all conditions,which the Council deems
necessary to make the use compatible with other uses in the area.
Finding#6 The proposed automotive repair uses are consistent with the purposes of the
Commercial Zoning District with the conditions as set forth below.
BE IT FURTHER RESOLVED that the requested Conditional Use Permit is hereby
granted subject to the following conditions:
a. Hours of Operation limited to Monday through Friday 9:00 a.m. to 5:00
p.m.;Saturday 9:00 am to 1:00 pm; and closed on Sunday.
b. No outside storage.
C. To mitigate and control the level of noise so as to not disrupt activities of
the neighborhood. All work is to be done in the repair bay, which is
proposed to be located inside the building.
•
• d. The use of solvents, paints, lacquers or strong odor producing processes are
prohibited.
Any violation of the above conditions would be cause to null and void the
approved CUP.
Adopted this 23rd day of January 2007.
(Mayor
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ATTEST: i'JIV
ity Clerk
Reviewed for Administration:
• City ManA
•