Action Requested
Leonel Perez, applicant, and Leo’s Auto Repair, LLC, property owner, are requesting that the Board of Adjustment and Appeals approve their Conditional Use Permit application to allow for vehicle repair and service with exterior storage at 133 Prairie Street. The proposed vehicle service/repair with exterior storage business is a Conditional Use in the Highway Business (B-1) Zoning District and requires a Conditional Use Permit to operate in this zoning district.

Introduction
Mr. Perez is asking for approval to convert an existing 3,600 square foot building most recently used as a boat sales/service use for a vehicle service and repair business. Mr. Perez has already established his use on this site and completed building improvements, unaware that he was required to secure a CUP for his use as his business was a new & different use and was not grandfathered from the prior legal nonconforming use. The existing building has been renovated and includes an office, waiting room, bathroom, break room, work space and four (4) hoists. The site includes a number of parking spaces available to accommodate customers, employees and vehicles awaiting service. Additionally, Mr. Perez owns a separate parcel located on the northwest corner of Prairie and 2nd Avenue (across the street), which is not part of this application and is to have no business operations located on it.

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 uses are 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 conditions of the draft resolution are met. City Engineering, Fire Marshall, and SPU all provided memos or comments, with conditions of approval should the BOAA approve the request.

Planning staff has commented that the applicant will need to work closely with City staff on the submittal of a final site plan and building plans/building permit should this CUP be approved to ensure compliance with any City Code and CUP Resolution requirements. Additional conditions of approval have been incorporated into the draft resolution.