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Approving the application with conditions, per the Deputy Legislative Hearing Officer, for a Second Hand Dealer - Motor Vehicle License for Best Buy Auto Sales LLC, d/b/a Best Buy Auto Sales (ID #20100004369) at 1414 Arcade Street.
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WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for Best Buy Auto Sales for a Second Hand Dealer - Motor Vehicle License, be approved with the following conditions:
Conditions 1-9 are Zoning CUP Conditions
1. The site must be improved/maintained according to the approved site plan on file with DSI dated 10/3/08. Any changes to the site plan must be approved in writing by the DSI Zoning Administrator.
2. A maximum of fifteen (15) total vehicles may be parked outdoors on the property at any time: no more than twelve (12) for-sale vehicles may be displayed/parked, and at least three (3) customer/employee spaces shall be available on the property. All vehicles must be parked according to the approved site plan on file with DSI.
3. The applicant shall receive site plan approval. The site plan shall include and address a plan for snow removal, landscaping, lighting, fencing along the alley, the relationship of the site to the neighborhood traffic circulation, and striping and designation of parking spaces showing how parking is provided for each of the businesses on the block face.
4. The area behind the building (fronting on Sherwood) shall be maintained according to the approved site plan on file with DSI. This includes both paved and grassy areas.
5. A six (6) foot high wood privacy fence shall be installed/maintained along the southern edge of the display area along the alley, as shown on the approved site plan.
6. The obscuring fence on the east side of the property abutting the alley, and the south side of the property shall be maintained with an obscuring six (6) foot tall cedar, composite, or durable material fence (as determined through the DSI Site Plan Review). The space between the bottom of the fence and the ground shall be no more than one (1) to two (2) inches. No barbed wire fencing is permitted.
7. A forty (40) inch high ornamental metal fence must be installed along Arcade Street from the building to the new driveway. Behind the fence a four (4) foot landscaped area, running the length of the fence, must be planted with hardy shrubs (such as Alpine Currant or Black Chokeberry) that are a minimum of 18 in height. All landscaping must be maintained and/or replaced as needed.
8. The permitted hours of operation shall be from 9:00 a.m. - 7:00 p.m. M-F and 9:00 a.m. - 6:00 p.m. Saturday. The business will be closed Sunday unless Minnesota state laws change to allow Sunday hours.
9. No lighting that adversely affects adjacent residential property shall be permitted.
Conditions 10-17 are additional License Conditions
10. Auto repair is not permitted.
11. 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. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations.
12. All parking spaces on the property associated with the auto sales business shall be striped, clearly designated with signage, and maintained according to the approved site plan on file with DSI dated 10/3/08. Labeling of parking spaces shall include the spaces for customer, employee, and for-sale vehicles; and shall be completed prior to the issuance of the license.
13. For-sale and/or employee vehicles shall not be parked or stored on the street, sidewalk, alley, and/or public right-of-way.
14. Prior written approval and the necessary permit(s) shall be obtained from DSI before the installation of any signage.
15. No banners, pennants, and/or stringers shall be permitted.
16. It shall be the responsibility of the licensee to ensure that snow removed from the property is not placed on the sidewalk, street, alley, or public right-of-way.
17. The canopy at the back of the lot must be painted in a neutral color, and the paint must be maintained in a good condition free of any chipping, peeling, rusting, etc.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions.
The Conditions Affidavit was signed at the hearing on December 16, 2010.