5.2. PCSR 07-13-2010 - Laserfiche WebLink

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REQUEST FOR ACTION TO ITEM NUMBER Planning Commission 5.2. AGENDA SECTION MEETING DATE PREPARED BY Planning Items July 13, 2010 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By Request by Elk River Sales & Leasing for Conditional Use Permit to allow truck sales, Public Hearing -Case No. CU 10-15 REVIEWED BY ACTION REQUESTED Staff recommends approval of Conditional Use Pernut allowing for the acquisition of an auto dealers license at 10752 171St Avenue, as described in the applicants narrative dated May 13, 2010. 1. Vehicles and equipment acquired as part of the auto dealers license are intended for Morrell trucking and its subsidiaries use only. 2. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required permits. BACKGROUND/DISCUSSION Morrell Trucking received a Conditional Use Permit, rezoning, and preliminary plat in 1997 (case numbers ZC 97-2, P 97-11, and CU 97-12). Those approvals were for the operation of a truck transfer facility, which is currently in operation. The truck transfer business includes several subsidiarybusinesses. These subsidiarybusinesses include Elk River Sales and Leasing (proposed to receive the Auto dealer's license), Morrell Enterprises, and Morrell C-versize, Morrell Transfer, Morrell Towing, and Morrell and Morrell. Elk River Sales and Leasing desires an auto dealer's license to allow them to purchase the vehicles as a dealer, and lease the vehicles to the other business units within the organization. C-perationally, this represents zero change from current practice. Financially, the dealers license changes their sales tax structure. Currently, they pay sales tax on the purchase of the equipments, and sales tax on the lease of the equipment to the differing business units. With a dealer license, theywould avoid paying sales tax on the purchase. Sales tax on the leases would continue. No changes are proposed to the layout or configuration of the site. While there is no operational or physical change to the original Conditional Use Permit, because the CUP was silent on an auto dealership component, staff determined that a Conditional Use permit was necessary to add the auto dealership license. N:\Departments\CommuniryDevelopment\Planning\Case Files\CUP\CU 10.15 ERSales and Leasing (Morey\CU 10-15 Morrell SRto PC7-12- l0.doc