RT Styve Enterprises, Inc. – Midas Auto Service are proposing to convert an existing 4,205 square foot car wash to a vehicle service and repair facility along with an 885 sq. ft. addition and additional parking along the east side of the site to provide more parking to better accommodate their employee and customer parking than their current location allows (100 Market Street North; northeast of this proposed site). The existing building will be renovated into a waiting room and office space with the addition that would add two service bays on the east end of the building for a total of 8 full-service bays. The new location will provide 12 standard parking spaces and one ADA parking stall.

Findings

Section 151.011 (Conditional Use Permits), Subd. A (Criteria for Granting Conditional Use Permits) states “In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole.”  The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain findings.

The criteria required for the granting of conditional use permits are listed below with staff findings.

Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;

Finding #1 The City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the use complies with the conditions of the resolution.

Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;

Finding #2 The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution.

Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;

Finding #3 The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site, as conditioned in the resolution.

Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and

Finding #4 The use of the subject property is consistent with the purposes of the Highway Business (B-1) Zone.

Criteria #5 The use is not in conflict with the Comprehensive Plan.

Finding #5 The use is not in conflict with the Comprehensive Plan (Mixed Use Corridor).

Staff reviewed the above criteria and have found that the proposal would meet the criteria, provided the following conditions are met:
1. Unlicensed or inoperative vehicles shall not be stored for more than 7 days, except in appropriately designed and screened storage areas.
2. All repair, assembly, disassembly, or maintenance of vehicles shall be conducted within a building, except for minor maintenance such as tire inflation, adding oil, and wiper replacement.
3. No outside storage or display is allowed.
4. No public address system shall be audible from any residential property.
5. The parking lot setbacks shall be applied to all areas where vehicles are located.
6. Landscaping and fencing plans showing improvements consistent with City Code requirements shall be required upon the time of building permit submittal.
7. Garbage enclosure shall comply with City requirements. 
8. Sales of vehicles is not permitted by this conditional use permit. 
9. Operation of equipment and tools shall be in compliance with noise ordinance standards set forth in City Code. 
10. Sign permits are required for any new exterior signage. 
11. Please refer to the Engineering Memo dated March 14, 2022 for specific conditions.
12. This use shall comply with all applicable Fire Codes, including building sprinkling.
13. Please refer to plan comments from SPU on March 17, 2022 for specific conditions regarding upgrading the water supply line and addition of a hydrant and valve. 

City Engineering and Planning staff have provided comments that have been incorporated into the draft Resolution. The applicant will need to work closely with City staff on the submittal of a final site plan at time of building permit should this CUP be approved to ensure compliance with any City Code and CUP Resolution requirements.