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Agenda Number G.5 <br />CITY OF HUGO COMMUNITY <br />DEVELOPMENT DEPARTMENT <br />PLANNING AND ZONING APPLICATION <br />STAFF REPORT <br />TO: Bryan Bear, City Administration <br />FROM: Rachel Juba, Community Development Director <br />SUBJECT- Scott Kersten — Conditional Use Permit (CUP) for an Expansion of a <br />Legal Non -conforming Use <br />DATE: September 25, 2018, for the City Council meeting of October 1, 2018 <br />COMPREHENSIVE PLAN: Mixed Use (MIX) <br />ZONING: Central Business (C-1) <br />REVIEW DEADLINE: November 16, 2018 <br />1. PLANNING COMMISSION UPDATE: <br />At its September 13, 2018, the Planning Commission held a public hearing and considered the <br />request. There was no one that spoke during the public hearing except the applicant to provide <br />background on the request. The Planning Commission agreed that the application met the criteria <br />to approve a conditional use permit and unanimously recommend approval of the request. <br />2. DESCRIPTION OF REQUEST: <br />The applicant is requesting a conditional use permit (CUP) for an expansion of a legal non- <br />conforming use. In the past the building was used for a retail auto body shop and totals <br />approximately 7,500 square feet. In 2008, the applicant received approval of a CUP for the auto <br />body shop and outdoor storage of vehicles. The conditions within the CUP allowed for a <br />wholesale auto body business, no retail is allowed. At that time, an auto body shop was allowed <br />in the Central Business (C-1) zoning district with a CUP. However, in 2010 auto body shops <br />were removed from the list of allowed uses in the zoning district. The current use is a legal non- <br />conforming use and has a CUP for a wholesale auto body shop with associated outdoor storage of <br />vehicles. The applicant would like to sell the property and has a purchase agreement with an <br />