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File #: Res.11-2507    Version: A Name: Conditional Use Permit for 3317 Durand Avenue to operate a used automobile sales lot be approved with conditions
Type: Resolution Status: Passed
File created: 4/18/2011 In control: City Attorney's Office
On agenda: Final action: 4/18/2011
Title: Conditional Use Permit for 3317 Durand Avenue to operate a used automobile sales lot be approved with conditions Resolved, that the request by Anthony Coey seeking a Conditional Use Permit for used automobile sales at 3317 Durand Avenue, be approved subject to the following conditions: a. That the applicant continue to work with City Development Staff on completion and submittal of a correct floor plan and revised site plan, which addresses citizen and staff concerns and requirements, prior to any permits being issued or occupancy granted for the site. If the applicant and staff are unable to come to consensus on site plan, the request shall be re-scheduled and presented to the Plan Commission for further review and recommendation. b. That the hours of operation be from 8:00 a.m. - 6:00 p.m., Monday through Friday, and from 9:00 a.m. - 2:00 p.m. on Saturdays. There shall be no Sunday hours. c. That only private passenger vehicles be sold at the location. d. That there...
Sponsors: Gregory Helding
Related files: 11-6218
Sponsor
Alderman Helding
 
Title
Conditional Use Permit for 3317 Durand Avenue to operate a used automobile sales lot be approved with conditions
 
Resolved, that the request by Anthony Coey seeking a Conditional Use Permit for used automobile sales at 3317 Durand Avenue, be approved subject to the following conditions:
 
a.  That the applicant continue to work with City Development Staff on completion and submittal of a correct floor plan and revised site plan, which addresses citizen and staff concerns and requirements, prior to any permits being issued or occupancy granted for the site.  If the applicant and staff are unable to come to consensus on site plan, the request shall be re-scheduled and presented to the Plan Commission for further review and recommendation.  
 
b.  That the hours of operation be from 8:00 a.m. - 6:00 p.m., Monday through Friday, and from 9:00 a.m. - 2:00 p.m. on Saturdays.   There shall be no Sunday hours.  
 
c.  That only private passenger vehicles be sold at the location.  
 
d.  That there be no pennants, banners, streamers, advertising flags, antenna sleeves, string lights, spot lights or other forms of attraction devices utilized.  
 
e.  That wheel stops or curbing be installed for parking spaces as required per Section 114-1171 of the Zoning Ordinance.  
 
f.  That the ingress/egress located closest to the intersection of Wheelock Drive and Durand Avenue be closed off, and that this closure be subject to review and approval of the Commissioner of Public Works.  
 
g.  That no inoperable vehicles shall be stored or sold from this location.  
 
h.  That no vehicles for sale be allowed to be parked on either street adjacent to the property.  Vehicles for sale or which have been repaired and are awaiting pick-up shall be stored in parking spaces designated for this purpose.  
 
i.  That any waste generated from the vehicle repair, such as oil or other fluids, shall be stored in appropriate containers inside the building while awaiting pickup and proper disposal.  
 
j.  That auto detailing and repair of cars to be sold on-site be allowed within the existing garage.  No detailing or repair activities shall take place outside of the building.  
 
k.  That no storage be allowed in the area behind the building, with the exception of the existing storage shed.  
 
l.  That all signage be reviewed and approved by the Director of City Development and all required permits be acquired prior to installation.  
 
m.  That all parking lot lighting shall be shielded downward, and that the illuminated pole sign shall be turned off no later than 10:00 p.m. daily.  
 
n.  That no tow trucks, or similar vehicles used to transport vehicles to and from this site be allowed to park at this location other than to load or unload, and all loading and unloading of vehicles shall take place on-site.  
 
o.  That all vehicles offered for sale are to be confined to the property at 3317 Durand Avenue.  
 
p.  That all codes and ordinances be complied with and required permits acquired.  
 
q.  That no minor changes be made from the conditions of this permit without the approval of the Plan Commission and no major changes be made from the conditions of this permit without the approval of the Common Council.  
 
r.  That this permit is subject to Plan Commission review for compliance with the listed conditions.  
 
s.  That those improvements as required by above conditions shall be fully implemented by August 1, 2011.  If the applicant or owner fails to implement the required improvements by August 1, 2011,  the applicant or owner shall provide the City with a letter of credit, bond, or other acceptable financial security, equal in value to the required improvements.  
 
The financial security documents shall be submitted for the review and approval of the Director of City Development, shall be issued in the City's favor, shall be in effect for one year from the date of issuance, shall be extended beyond the expiration date if deemed necessary by the City of Racine, and shall require that the issuer give a 90 day notice to the Department of City Development prior to the expiration of said financial security.   
 
The City is authorized by this conditional use permit to enter the site, implement the plan(s) and draw on the financial security for the cost of implementation if required improvements are not implemented by August 1, 2012.  Any costs incurred in excess of the value of the financial security shall be paid by the applicant or owner or shall be imposed as a special charge against the real property in accordance with the applicable statute.   
 
By operating under this conditional use, the applicant and owner give permission to the City to enter upon the property for purpose hereby described.
 
Fiscal Note:  N/A