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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 — 2e 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 opened the hearing but no one offered comment. During committee debate, the Commission heard comments from the applicant, Keaton Luther, and Mr. Craig Kozar. 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. The subject property and vicinity was previously zoned for industrial use. Uses in the vicinity are still transitioning from industrial to commercial use. 3) Luther Towing operates a business similar to a salvage operation. Luther tows vehicles in need of repair; many vehicles are inoperable or are missing parts. The City is highly concerned for appearance of the subject property, crime and public safety from stored vehicles, repairs and sale of parts, environmental ramifications, and the general appearance of a "junk yard" type business. 4) Luther Towing has a two (2) year lease with Craig Kozar, son of property owner's Barbara. J. Kozar Trustee and James R. Kozar Trustee. Luther Towing has been operating this business at the subject property since December, 2016 without first obtaining a Conditional Use Permit. Mr. Keaton Luther, President, Luther Towing has been untruthful about business practices during discussions with City Staff and the City Attorney. Not until after several stern warnings were issued by the City Attorney did Luther Towing apply for a Conditional Use Permit. 5) The proposed use of the site by Luther Towing is partially consistent with the Comprehensive Plan as long as service equipment/towing equipment is stored on site and towed/third-party vehicles are stored or standing inside the structure on the site. The proposed use of storing damaged vehicle outside the building is inconsistent with the Comprehensive Plan and a permit for this purpose is prohibited in this zoning district. Luther Towing stated they have an alternative site where vehicles may be stored. Off-site storage or 42