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Background/Discussion <br />Case No. CU 16-09 <br />The City Council approved a Conditional Use Permit (CUP) for the subject property on March 21, 2016. <br />The conditions of approval are outlined in attached Council memo. Since that meeting, the applicant has <br />contacted staff to request deviations from the approved conditions. In order to do this, they must amend <br />the approved CUP. The current application includes several modifications to the previous approval. <br />These include changes to the hours of operation, product breakdown, site fencing, dry van storage, and <br />landscaping. <br />Planning Commission meeting summary <br />Staff updated the Planning Commission on the desired changes the applicant wanted with this <br />amendment to their approved CUP. City staff did not agree with all of the requested changes and they <br />are outlined in the commission Action Requested memo dated June 28, 2016. <br />Vehicles <br />The commission was informed that staff recently became aware the facility accepts vehicles as part of <br />their operation. Staff updated the commission on the definition of a recycling processing center, which <br />the applicant has applied for and is categorized as. City Ordinance defines the use as land or buildings wbere <br />reusable materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including metal, <br />rags, plastic, paper, cardboard, rubber (excluding tires, glass and wood products, or where segregated waste materials are <br />reprocessed into usable, salable products. The salvage of automobile and macbinerparts are not included and shall be <br />prohibited at a recyclingprocessing center. Staff had condition stating no vehicles or equipment shall be stored <br />or recycled. The commission did not think that storing vehicles on site is the same as auto salvage. The <br />commission made the recommendation that vehicles or equipment shall be allowed to be stored for <br />transport only and shall not be salvaged. <br />Since the meeting, staff has reviewed the ordinance as it relates to salvage and junkyards. The ordinance <br />defines junkyard as: <br />land or buildings where products resulting from the wrecking of vehicles or other machinery are bought, sold, excbanged, <br />stored, baled, cleaned, packed, disassembled or bandled. The outdoor storage of two or more inoperative motor vebicles <br />sball also be considered a-iunkyard. <br />By definition, they are requesting to operate a junkyard. Junkyards are only allowed in the General <br />Industrial (I-3) district. The subject property is zoned Light Industrial (I-1). If the Council desires this <br />specific they should direct staff to process an ordinance amendment to allow the use in all I-1 zoning <br />districts within the city. Currently, the use is only allowed in areas that are outside the Urban Service <br />District. <br />The applicant is not currently licensed or allowed to take vehicles or tires (or anything) through their <br />county license. The applicant has applied for the required license but has not been granted a license and <br />therefore is operating in violation of their existing license. The county could license them to take vehicles <br />but as stated above, junkyards are not an allowed use on the subject property. The applicant maintained a <br />license with Sherburne County at their previous location, but the relocation requires a new review and <br />approval. <br />