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Approving the application with conditions, per the Legislative Hearing Officer, for Kito Auto Sales & Repair LLC, d/b/a Kito Auto Sales (License ID #20230001593), for Second Hand Dealer - Motor Vehicle and Auto Repair Garage licenses, located at 1103 Arcade Street.
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WHEREAS, Kito Auto Sales & Repair LLC, d/b/a Kito Auto Sales (License ID #20230001593), located at 1103 Arcade St, has applied for Second Hand Dealer - Motor Vehicle and Auto Repair Garage Class N licenses; and
WHEREAS, the applicant notified the Payne-Phalen District 5 Planning Council on August 30, 2023, prior to their application; and
WHEREAS, a notification regarding the license application was sent from the Department of Safety and Inspections to the affected neighborhood for the period of September 27, 2023, to October 12, 2023; and
WHEREAS, during the notification period, an objection was received which triggered the hearing and a hearing was held on October 26, 2023; and
WHEREAS, the objection was related to traffic, parking, crime, and trash; and
WHEREAS, in response to the concerns raised, the licensee has agreed to work with the city to comply with the necessary requirements to minimize nuisance activities that would disturb the surrounding residential neighborhood; and
WHEREAS, after conducting the hearing and considering the testimonies and evidence, the Legislative Hearing Officer recommends that the application for Kito Auto Sales & Repair LLC, d/b/a Kito Auto Sales (License ID #20230001593), located at 1103 Arcade Street, be approved with the following conditions:
1. The number of vehicles displayed "for sale" outdoors shall not exceed five (5), the number of cars stacked at the rear of the property awaiting repairs or that have been repaired shall not exceed seven (7), as shown on the approved site plan on file in DSI.
2. Customer and employee vehicles shall not exceed five (5) and must be parked in the area designated on the DSI approved site plan. No customer vehicles under the control of the licensee can be parked and or stored in the public right-of-way. This includes vehicles waiting for repairs and vehicles waiting to be picked up by the customer.
3. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster.
4. The license holder agrees to maintain the fencing, vehicle location and vehicle barriers in a manner consistent with the approved site plan.
5. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing.
6. Vehicle salvage is not permitted.
7. Auto body and painting are not permitted.
8. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All repair work must occur within an enclosed building.
9. Customer vehicles may not be parked longer than 10 days on the premises. It shall be the responsibility of the licensee to ensure than any vehicle not claimed by its owner is removed from the lot as permitted by law.
10. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward.
11. Licensee must comply with all federal, state, and local laws.
12. Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Regulations.
Note: The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of Minnesota Dealer Number is submitted to DSI upon issuance by the State of Minnesota Dealer Unit.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions and finds that the license conditions are reasonable, and the application is in order and there are no grounds to deny the approval of the licenses.
The Conditions Affidavit was signed on October 3, 2023, and submitted on October 26, 2023.