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REQUEST FOR COUNCIL ACTION Date: 1/29/2024 Item No.: 7.d. Department Approval City Manager Approval Item Description: Consider a Resolution regarding Troy Automotive LLC's request for a Zoning Code text amendment to Table 1005-1, Table of Allowed Uses, to support "motor vehicle repair, auto body shop" as a Conditional Use in the Neighborhood Mixed-Use District. 1 2 Background 3 Troy Miller is the owner of Troy’s Auto Care, an automotive repair business located at 2171 Hamline 4 Avenue. This property, located at the northwest corner of Hamline and County Road B, was originally 5 constructed in 1959 and has always been a motor fuel and automobile service station. Mr. Miller is 6 interested in constructing additional service bays to keep pace with the growth of his 7 business. However, the use of the property as motor vehicle repair is not permitted under the table of 8 uses for properties with a zoning classification of Neighborhood Mixed-Use (MU-1). Because Mr. 9 Miller’s use was established before the current zoning classification (or even zoning classifications of the 10 recent past), the existing use is considered legal nonconforming and cannot otherwise be expanded, 11 unless in a conforming manner. Therefore, Mr. Miller is requesting a Zoning Code Text Amendment in 12 support of permitting “motor vehicle repair, auto body shop” as a Conditional Use (CU) in the MU-1 13 District. 14 15 While not necessarily related to Mr. Miller’s request to construct additional service bays, but related to 16 the overall uses conducted on the property, it should be mentioned that “motor fuel sales (gas station)” is 17 already a CU in the MU-1 district and Mr. Miller’s business includes fuel sales. However, there is no 18 approved CU on file for this property for fuel sales given this use was also established before the current 19 zoning, and so it is also considered legal nonconforming. If this request is approved, Mr. Miller would be 20 advised to apply for a CU for both “motor fuel sales (gas station)” and “motor vehicle repair, auto body 21 shop”, which if approved would bring the site into compliance with current code requirements. 22 23 Below is an extract from Table 1005-1, outlining the uses in question and where they are not permitted 24(NP), conditionally permitted (C), or permitted (P). The first column is for the MU-1 district of which Mr. 25 Miller’s property lies. Additionally, below the table are the specific conditional use standards and criteria 26 of §1009.02.D that would apply if the use were revised from NP to C: 27 28 Table MU-1 MU-2A MU-2B MU-3 MU-4 Standards 1005-1 Motor C NP C P P Y fuel sales (gas station) Page 1 of 3 Qbhf!24!pg!367