7A - Used Auto Sales/Auto Repair Business

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OPEN FORUM: Nathan Wahlberg was present to address the Planning Commission. He had contacted Staff at City Hall and was told his plan to open a used automobile dealership would require a Conditional Use Permit. He had gone through our zoning rules and wanted to bring a couple things to the Planning Commission's attention. The location he would be leasing is 29317 State Highway 371. The property is zoned Commercial and is just north of Crow Wing Auto Body,the barn structure. He contends that the sale of used cars would be a Retail Use provision. Retail Use is described as "The principal use of land or buildings for the sale of goods to consumers. The goods are normally not for resale, and usually sold in small quantities. " Mr. Wahlberg felt that this definition applies to the sale of used cars. Mr. Wahlberg then read the definition of Commercial Use: "The principle use of land or buildings for the sale, lease, rental, trade of products, goods or services. " He felt that the sale of used cars falls under that also. He further pointed out the definition of the Commercial Zone as "To provide a zoning classification for commercial uses oriented around the automobile." Mr. Wahlberg stated that the County regulations do not have a Conditional Use for used car lots;they would be a permitted use. A CUP makes it more difficult to begin doing business,more red tape. For auto dealers,the State has a lot of rules and regulations. He �. hoped to get around the Conditional Use Permit. Requiring a CUP for this could lead to unlicensed dealers. There already may be a couple. That becomes a disadvantage to the consumers. The State requires the zoning authority to sign off on their application. Mr. Marohn explained the Planning Commission could make the decision whether this proposed use would be either Retail Use or Commercial Use, Other. No ordinance is perfect. Mr. Wahlberg explained that he is proposing a small scale operation. Mr. Marohn explained that the CUP fee is $450 plus recording fees. There is one month of time involved. Issues to be looked at would include: impervious coverage, screening, neighbor concerns, signage and number of cars on display. The City has restrictions on signage. We would need a site plan and a sewer inspection even if it is over-the-counter. The reason for the fee is for the public hearing,notifications and published notices. No Business Plan is required. Mr. Wahlberg explained that he will be using an existing building and plans to display 5 cars. It is an incubating business. It was the consensus of the Planning Commission that Mr. Wahlberg's proposal for a used car dealership would be a Retail Use and would be allowed up to 15 cars. A