2017-04-04 P & Z Handouts - Laserfiche WebLink

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CITY OF CENTERVILLE, ANOKA COUNTY, MINN. Findings and Decision The Planning & Zoning Commission met on April 4, 2017 to hold a public hearing to consider a after the fact request of Luther Towing/Owner Keaton Luther for an Conditional Use Permit for property owned by Barbara J. Kozar Trustee and James R. Kozar Trustee, located at 7095 — 2& Avenue South, Centerville, MN (PIN #R24-31-22-23-0011), Lot 7, Block 1, Industrial Park, Subject to Easements of Record. FINDINGS: 1) The Planning and Zoning Commission heard and considered all testimony of interested persons submitted in writing prior to and in person during the public hearing. 2) The subject property is located within the B-1 (Commercial) zoning district with a similar use allowed (Automobile and Motorized Equipment Sales & Service; Excluding Salvage) with provisions for granting a Conditional Use Permit with reasonable conditions. 3) The owner(s) of the property shall provide the City of Centerville with legal authorization to lease said site and apply for the Conditional Use Permit as the property is held in Trust by Barbara J. Kozar and James R. Kozar, parents of Craig Kozar. 4) It should be noted that Luther Towing is operating a business very similar to a salvage operation in which vehicles need repair and many times are inoperable or are missing parts. The City is highly concerned for appearance of the subject property, crime/public safety, repairs and sale of parts, environmental ramifications and the general appearance of a "junk yard" type business. 5) It should also be noted that Luther Towing states that they have signed a two (2) year lease with Craig Kozar, son of property owner's Barbara J. Kozar Trustee and James R. Kozar Trustee. It should also be noted that Luther Towing has been operating their business at the subject property since December, 2016 without first obtaining a Conditional Use Permit, neglectfully violating the City Code. Mr. Keaton Luther, President, Luther Towing has been untruthful about business practices, until several stern warnings had been issued by the City's Legal Counsel and now is applying for a Conditional Use Permit. 6) The proposed use of the suite for which Luther Towing has presented their application is partially consistent with the Comprehensive Plan as long as service equipment/towing equipment is only stored on site and no towed/third-party vehicles are stored or standing on the same site. Luther Towing has stated that they have an alternative site where vehicles may be stored and it is believed that off-site storing of these vehicles is in the best interest of the