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Planning Commission Resolution 2012-107CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2012 -107 Date: December 4, 2012 Motion By: F`(Ll; Resolution No. 2012 -107 Seconded By: 5V p4 EG A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL TAKES THE FOLLOWING ACTIONS: (1) DENIAL OF ADOPTION OF AN AMENDMENT TO THE MONTICELLO CITY CODE, TITLE 10 — MONTICELLO ZONING ORDINANCE FOR ACCESSORY USE AUTO REPAIR — MAJOR BY CONDITIONAL USE PERMIT, ACCESSORY USE AUTO REPAIR — MINOR BY CONDITIONAL USE PERMIT, ACCESSORY USE MACHINERY /TRUCK REPAIR & SALES BY CONDITIONAL USE PERMIT; (2) APPROVAL OF CONDITIONAL USE PERMITS FOR VEHICLE SALES & RENTAL, ACCESSORY USE AUTO REPAIR — MAJOR, ACCESSORY USE AUTO REPAIR — MINOR; (3) DENIAL OF CONDITIONAL USE PERMIT FOR ACCESSORY USE MACHINERY /TRUCK REPAIR & SALES; (4) DENIAL OF THE MAAS ADDITION PLAT. AND FURTHER TAKES THE FOLLOWING ACTION AS THE MONTICELLO BOARD OF ZONING ADJUSTMENTS AND APPEALS: (5) DENIAL OF VARIANCES TO MONTICELLO CITY CODE, TITLE 10 — MONTICELLO ZONING ORDINANCE, SECTION 4.1— LANDSCAPING AND 4.8 - OFF - STREET PARKING WHEREAS, Bedrock Motors and its representatives have requested a plat, amendments to the zoning ordinance for truck sales and repair and automotive repair, conditional use permits for automobile and truck repair and sales, and variances to occupy the property at 3887 Chelsea Road; and WHEREAS, said property is zoned B -3, Highway Business District; and WHEREAS, automotive repair uses within the B -3 zoning district, and are consistent with the intent and requirements of the zoning ordinance and comprehensive plan; and WHEREAS, truck sales and repair uses are most compatible with the Industrial districts in the City, and not in the Business District; and WHEREAS, the occupancy of the property may be accomplished in conformance with applicable zoning regulations, including such regulations exempting the applicants from complying with building materials standards when such buildings are not being expanded; and WHEREAS, the plat and related submissions indicate that the property is generally in compliance with size requirements of the zoning ordinance; and WHEREAS, additions of landscaping and curb are necessary to comply with the zoning ordinance requirements for commercial property in this district; and WHEREAS, the Planning Commission of the City of Monticello finds that the proposed uses of the property will not be consistent with the Comprehensive land use plan without compliance with all zoning standards and requirements; and WHEREAS, the Planning Commission has conducted a public hearing on December 4, 2012 to review the requests and receive public comment on the rezoning; WHEREAS, the Planning Commission finds the plat, zoning amendments, and conditional use permits, to be inconsistent with the intent of the Comprehensive Plan without compliance with all applicable zoning regulations; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: The Planning Commission recommends that the City Council denies the zoning ordinance amendments to be identified as Ordinance 9567, based on a finding that the amendments are inconsistent with the intent of the zoning ordinance and Comprehensive Plan as proposed; and further The Planning Commission recommends that the City Council denies the plat, based on a finding that the plat is premature without a conforming development to occupy the plat; and further The Planning Commission recommends that the City Council, if adopting the amendments, approves the Conditional Use Permits for Vehicle Sales & Rental and Accessory Use Auto Repair — Major, Accessory Use Auto Repair — Minor, based on the Conditions of Exhibit Z of the staff report; and further The Planning Commission recommends that the City Council denies the amendments related to truck sales and repair, and also denies the Conditional Use Permit for such use, based on a finding that the sales and repair of trucks and equipment is an industrial use, compatible with other industrial uses, and is best located in industrial areas, rather than commercially zoned areas; and further The Planning Commission hereby denies the requested variances to the requirements for curbing and landscaping, based on the following findings: 1. The property may be put to a reasonable use in full conformance with the Zoning Ordinance without variances. 2. The property does not have unique conditions that justify consideration of variances to standards that are commonly applied to other similarly situated parcels, including parcels directly adjacent to the subject property. 3. There are no evident practical difficulties in meeting the zoning regulations as required. 4. The proposed variances are based on conditions that are primarily economic in nature, in contravention to the requirements of the zoning ordinance and state law governing the consideration of variances from zoning requirements. ADOPTED this 4`h day of December 2012, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING By: William Spartz, Chair ATTEST: Angela Sc ftka*,- Community Development Director