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CR 93-53 CUP - Used Car Lot --~_.__._--- - 1 y " 0 - -c, ~ ~, .m . April 2, 1993 1- 0 P K \ ~ ~ Council Report 93-53 CONDITIONAL USE PERMIT - USED CAR LOT Proposed Action. ,Staff recommends the following motion: Move to consider an application for a conditional use permit #CUP93-1 requested by Joe Garber to allow an auto sales lot at 525 Mainstreet. Approval of this action will result in the City Council reviewing the next item on the agenda relative to the conditional use permit request. Overview. The applicant is proposing to start an auto sales lot at 525 Mainstreet. The sUbject site is the former site of the Jet gas station located at 525 Mainstreet. The site is Zoned B- 3, General Business. An auto sales lot is permitted in the B-3 district with a conditional use permit. The site is situated on the northeast corner of Mainstreet and Sixth Avenue. The existing site has one access from Mainstreet and two access points from sixth Avenue. The existing building on the site is 1836 square feet. The Zoning and Planning Commission reviewed Mr. Garber's . conditional use permit in January, February and March. one requirement of the conditional use permit is that there is a 20 foot front yard setback for auto parking. The Zoning Ordinance also requires that all setback areas are to be landscaped. Mr. Garber has not submitted a site plan Showing the 20 foot landscaped front yard setback area. The staff has also recommended that the southerly access on 6th Avenue is closed. No site plan has been submitted showing this access closed. The City can place reasonable conditions on a conditional use permit. The Planning Commission indicated that Closing the southerly access on 6th Avenue was a reasonable condition. The Planning commission at the March 30th meeting tabled Mr. Garber's conditional use permit until an acceptable site plan was submitted. The Zoning and Planning commission and Mr. Garber have reached an impasse. It would serve no purpose to have the Planning Commission review Mr. Garber's conditional use permit again. Mr. Garber has requested that the City council review this matter. primary Issues to consider. o When was the latest site plan received? o Why is the applicant requested the city Council to review the conditional use permit? . supporting Documents. o Analysis of Issues ~ ~~-~--~---------- 1 ->~ CR93-53 Page 2 . primary Issues to Consider. o When was the latest site plan received? staff told Mr. Garber's architect that a new site plan would have to be. submitted by March 15 or 16 to allow the staff sufficient time to review the new site plan. Mr. Garber submitted the latest site plan on Monday March 22, 1993. The agenda is delivered to the Commission on March 23,1993. The landscape plan was submitted on Thursday March 25, 1993. Staff contacted the Chairman of the Planning Commission, John Hutchison regarding the late submittal of Mr. Garber's material. Mr. Hutchison stated the Commission would need the staff report by Friday March 26, 1993 in order for the Commission to thoroughly review the site plan. Staff was not able to provide the Commission with a staff report on Friday due to the late submittal of the landscape plan. The usual submittal time for Zoning and Planning Commission requests is approximately 30 days. This time period allows the staff to submit information for the staff report. . 0 Why is the applicant requested the City council to review the conditional use permit? Mr. Garber has requested that the City Council review the conditional use permit because the Planning commission has tabled his request. Apparently the applicant feels no purpose will be served by discussing this matter) further with the Zoning and Planning Commission Alternatives. 1. Approve the staff recommendation. By approving the staff recommendation Mr. Garber's conditional' use permit request will be heard by the city council. 2. Not consider the conditional use permit until the Zoning and Planning commission completes it review. 3. Continue for further information. If the City Council indicates that further information is needed the item should be continued. .. --" '. ~,