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City of Centerville <br />Council Meeting Minutes <br />April 12, 2017 <br />4. P & Z Recommendation for Approval of Conditional Use Permit — Luther <br />Towing, 7095 — 20th Avenue South <br />a. Findings & Decision <br />b. Permit <br />Attorney Glaser stated that the B-1 (Commercial) District does not allow for salvage <br />yards, the applicant requested that towed vehicles be stored outside while admitting that <br />he had alternative storage site in Maplewood. The City desires to be pro-business while <br />protecting the public from potential safety concerns associated with similar business, <br />aesthetics and regulations. He reported that the City became aware of the applicant's <br />operation through enforcement action and threats of litigation in December, 2016. The <br />owner/operator of the business has been less than forthright in the operations of his <br />business up until this point. <br />Attorney Glaser stated that lengthy discussion took place at the Planning & Zoning <br />Commission meeting and their desire to be pro-business. The commission discussed an <br />Interim Use Permit rather than a Special Use Permit. The also discussed requirements for <br />use, owners of businesses renting to potential clients without consideration of zoning <br />prior to signing leases, the owner/operator's vehicle inventory, staffing, indoor storage, <br />enforcement, previous zoning of the area being I-1 (Industrial) with grandfathering of <br />current businesses in operation, parking accommodations on site, Conditional Use <br />Permits running with the property, previous tenant King Core's overall appearance at the <br />site being less than appealing and violations. <br />Public Works Director/Bldg. Official Palzer stated that Mr. Craig Kozar, Automotive <br />Drive Line, has been in the City for years, is upstanding and take pride in the appearance <br />of his building. <br />Lengthy discussion ensued regarding enforcement and associated costs, Conditional Use <br />versus Interim Use, the City being business friendly, threatening enforcement action prior <br />to the application, applicant's lack of honesty to this point, timeframe for granting an <br />Interim Use Permit (NP), waiving fees for an Interim Use Permit and its renewal, fee <br />schedule, certain activities that are regulated by MN State Statute regarding chemical <br />wastes and steps to issuance of an IUP versus CUP. <br />Attorney Glaser recommended denying the Conditional Use Permit and favored an IUP <br />with the same conditions and send back to P&Z <br />Mayor Paar suggested the City deny without P &Z and grant IUP under same conditions, <br />applicant has not applied for and would have to agree to work under a conditionally <br />granted IUP if both the landowner and operator agree to terms. <br />Motion by Council Member Montain to Deny the Requested Conditional Use Permit <br />Application and Granting of an Interim Use Permit with the Same Conditions for a <br />Nine (9) Month Period and Waiving the Associated Fee. <br />Page 7 of 10 <br />