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08-1252Council File # D`� �/ �� - Green Sheet #301a0 gQ7 RESOLUTION y � CITY O,F���41NT PAUL, MINNESOTA Presen[ed by WHEREAS, the Legislative Hearing Officer recommends that the application for (I.D. #20080001402) Second Hand Dealer—Motor Vehicle license for Cazs And Credit Tnc., doing business as Cars And Credit, 1414 Arcade Street, be approved with the following conditions: 5 1. The modifications proposed to the lot must be approved in writing by DSI Site Plan staff, and the 6 site must be improved/maintained according to the approved site plan on file with DSI dated 7 10/3/08. Any changes to the site plan must be approved in writing by the DSI Zoning 8 Administrator. 9 2. The area behind the building (fronting on Sherwood) shall be maintained according to the approved 10 site plan on file with DSI. This includes both paved and grassy azeas. 11 3. A six (6) foot high wood privacy fence shall be installed along the southern edge of the display area 12 along the aliey, as shown on the approved site plan. 13 4. 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. 14 Saturday. The business will be closed Sunday unless Minnesota state laws change to allow Sunday 15 hours. 16 5. The applicant shall receive site plan approval. The Site Plan shall include and address a plan for 17 snow removal, landscaping, lighting, fencing along the alley, the relationship of the site to the 18 neighborhood traffic circulation, and striping and designation of parking spaces showing how 19 parking is provided for each of the business on the block face. 20 6. No lighting that adversely affects adjacent residential property shall be permitted. 21 7. Auto repair is not permitted. 22 8. The obscuring fence on the east side of the property abutting the alley shall be replaced with an 23 obscuring six (6) foot tall cedar, composite, or other durable material fence (as determined through 24 DSI Site Plan Review) by June 1, 2009. The space between the bottom of the fence and the ground 25 shall be no more than one (1) to two (2) inches. No barbed wire fending is permitted. 26 9. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated 27 with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, 28 etc. shall be in accordance with the Ramsey County Hazardous Waste regulations. 29 10. A maximum of fifteen (15) total vehicles may be pazked outdoors on the property at any time: no 30 more than twelve (12) for-sale vehicles may be displayed/parked, and at least three (3) 31 customer/employee spaces shall be available on the property. All vehicles must be parked 32 according to the approved site plan on file with DSI. 33 I 1. All parking spaces on the property associated with the auto sales business shall be striped, clearly 34 designated with signage, and maintained according to the approved site plan on file with DSI dated 35 1Q(3(�8, prior to the issuance of the license. Labeling of pazking shall include the spaces for 36 customer, employee, and for-sale vehicles. 37 12. For-sale and employee vehicles shall not be parked or stored on the street, sidewalk, alley, and/or 38 public right-of-way. This condition will not apply to Mark Smith, business owner, when he is 39 verifying the work of his employee provided his vehicle is parked in accordance with all applicable 40 parking regulations. 41 13. Prior written approval and the necessary permit{s) sha11 be obtained from DSI before the 42 installation of any signage. This shall include both permanent and temporary signage. p �. I Z�� 43 14. 44 I5. 45 46 16. 47 48 49 50 17. 51 52 No banners, pennants, and/or stringers shall be permitted. It shail 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. 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 azea, running the length of the fence, must be planted with hazdy 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. 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. 53 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 54 application. 55 56 57 58 59 60 61 62 63 64 65 6b 67 Yeas Na s Absent Bostrom Carter ,/ Hattis � Helgen � Lantry ,/ Stark ✓ Thune ,/ !� Requested by Department of: � Form Approved by City Attorney By: Adopted by Council: Date f��j��j1� Adoptio� Certified by Council cretary By: Approved b a ate �r Zl U� By: , 68 Form Approved by Mayor for Submission to Counci] By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet h9� '� �'J �— � DepaRmentlOfficelCouncit: Date lni[iated: co-�°°°°�� 16-OCT-0B Green Sheet NO: 3060897 ConWCtPerson&Phone: Deoardnent SentToPerson InRiallDate Nhia Vanq � o ooncu �� 266-8566 1 ounctl De artment Diretror Assign Z ' Cleck IX Clerk Must Be on Council Agenda by (Date): Number � OS-NOV-08 For 3 Routing 4 � Doc.Type:RESOLUTION Order 5 � E-DOCUment Required: Y Document Contact: �ean Birkholz ConWct Phone: 266-8673 Totai # oF Signature Pages _(Clip All Locations for Signature) Action Requested: , Approving [he license application with conditions, per the Legislative Hearing Officer, for a Second Hand DealervMotor Vehicle license for Cars And Credit Inc., doing business as Cars And Credit, 1414 Arcade Slreet. Recommendations: Approve (A) or Reject (R): Personal Service Controcts Must Answer the Following Questions: Planning Commission t. Has lhis person/firm ever worked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skili no� normally possessed by any current city employee? Yes No Exptain all yes answew on separate sheet and atlach to green sheM. Initiating Problem, Is5ues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Appfoved: DisadvanWges If Not Approved: Total Amount of CostlRevenue Bud eted: Tansaction: 9 Funding Source: Activity Number: Financial Information: (Explain) October 16, 2008 9:56 AM Page 1 LICENSE HEARING MINUTES Cars And Credit at 1414 Arcade Street Thursday, September 1 l, 2008, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevard West NhiaVang, Legislative Hearing Officer The hearing was called to order at 2:02 p.m. 68- I '�� Staff Present: Jeffrey Fischbach and Tom Beach, Department of Safety and Inspecrions (DSI); and Jean Birkholz, Council Research Others Present: Mark Smith, owner; David Benshoof, owns property to the north; John Kuderka, Margo Mason and Shari Wand, neighbors. Request for License: Second Hand Dealer – Motor Vehicle Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N notification which means that the neighborhood gets notified and has a chance to voice its concerns. If anyone has a concern, it automatically triggers a heazing. Other Class N Licenses include auto repair, entertainment, cabazet, tattoo parlors, etc.—things that have an immediate impact on the neighborhood. The City received three (3) letters of concern (one with 43 signatures) regazding the issuance of this license. The goal today is to develop a recommendation for the City Council to consider. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they issue this license without any conditions; 2) she may recommend to the City Council that they issue this license with agreed upon conditions; or 3) she may recommend to the City Council that they not issue this license but refer it to an administrative law judge for a further hearing and findings. Ms. Vang will make her recommendation in the form of a resolution that will go before the City Council for their approval. It will appear on the Consent Agenda at a City Council meeting. Ms. Vang will begin with a staff report. Staff will be asked to explain their review of the application and will also explain their recommendation. Then, she will ask the applicant to talk about the business plan. I�ext, she will hear from those people who are here in support of the issuance of this license and those with concerns about the issuance of this license; and, she will review the letters / emails that were sent regarding this application. Mr. Jeffrey Fischbach, Department of Safety and Inspections (DSI), reported that the neighborhood organization has submitted a recommendation stating that they are not in support of this issuance of this license. Regazding inspections: Building Inspection is not applicable; Environmental Health inspection is not applicable; Licensing has approved it with conditions; and Zoning is pending approval of the site plan review. (Depending on what is approved by the site plan review, the applicant may need to get some building / fence permits.) A new curb cut will also be required for which the applicant will need a permit from Public Works. There has been a car lot at this location for a long time. They were renting a piece of property that had an office and some sales display area on it. The also were renting an adjoining piece of property on which they had a display area. In order to access the entire display area, they had to drive over the neighboring property. The new owner proposes to down-size this lot and use approximately half of the space, so it will be only on one piece of property. Currently, there is no access, so they need to go through site plan review and install a new curb cut to have access. DSI recommends approval with the following conditions: i � , The modifications proposed to the lot must be approved in writing by DSI Site Plan staff, and the site must be improved/maintained according to the approved Site Plan prior to the issuance of the license. 2. The area behind the building (fronting on Sherwood) sha11 be maintained according to the approved Site Plan on file with DSI. This includes both paved and grassy areas. 3. A six (6) foot high wood privacy fence shall be installed along the southern edge of the display azea along the alley, as shown on the approved Site Plan. 4. The permitted hours of operation shall be from 9:00 a.m. — 7:00 p.m. Monday through Friday, and 9:00 a.m. — 6:00 p.m. Saturday. The business will be closed Sunday unless Minnesota state laws change to aliow Sunday hours. 5. The applicant shall receive Site Plan approval. The Site Plan shall include and address a plan for snow removai, landscaping, lighting, fencing along the alley, the relationship of the site to the neighborhood traffic circulation, and striping and designation of pazking spaces showing how parking is provided for each of the businesses on the block face. 6. No lighting that adversely affects adjacent residential property shall be permitted. 7. The applicanYs frontage along Arcade Street shall be landscaped similarly to the existing landscaping on Arcade Street. 8. A six (6) foot six (6) inch wood fence shall be installed along the eastern border of the site to serve as a visual screen between commercial and residential uses. No barbed wire fencing is permitted. 4. Auto repair is not permitted. Mr. Tom Beach stated that he works in zoning for DSI and he reviews Site Plans. He handed out the site plan for this business, and then went on to provide a summary. There are three (3) parking spaces for employees/customers near the entrance of the building; one of which is a handicapped spot. There are twelve (12) spaces for display vehicles. There aze five (5) more spaces along the a11ey for the other tenants in the building. A driveway is shown off Arcade that has been reviewed by MNDOT and the City's Public Works Department. They have authorized construction of a curb cut there. The plan shows some landscaping (hedge) behind an ornamental metal fence, similar to what the City's been requiring other parking lots around Arcade and the city. There has been concern about congestion but Mr. Beach thinks that it should work just fine. The district council raised a concern about snow removal. For parking lots, the City doesn't usually require a plan for snow removal. Usually, snow is trucked off the site or stored somewhere on the site. Signs aze not typically part of Site P1an review. A plan for signage is needed and will need to comply with the sign requirements in the Zoning Code. The property was rezoned a few years ago from B3 to TN2. The TN2 has higher design standards, so pennants aze not desired on the lot. The fence in the back right now complies as far as the height is concerned; however, Mr. Beach has been told that it is not in the best condition. A plan is needed for lighting. The concern is that is doesn't affect the neighbors. Fixtures that shine down and are shielded can be used on the north side of the building. Old light fixture poles should probably be removed. Mr. Beach recommends that Site Plan final approval be withheld until some of the issues are resolved; he approves the basic layout. Ms. Vang susnmarized the letters of concern. The first letter written by Lisa Hinckle has forty-three (43) signatures. They are concerned about how the prior business owner has handled the business, especially, the back fence which is in disrepair; the advertising flags that aze tattered; and trash flying in the neighborhood. They recommend that the City not grant this license which potentially will add to the deterioration of the neighborhood. b3-12�i2 The second letter from David Benshoof, owner of the property to the north of this site, is concerned about how the applicant will handle the traffic flow, how the applicant is using the property and whether or not customers will be parking in lot that the previous owner had leased from him. The third letter is from Dennis Roach and his biggest concern is the maintenance of the privacy fence. Ms. Vang asked Mazk Smith about his business plan and how he plans to address some of the concerns that have been raised. Mr. Smith said that he spoke with Mr. Roach today to explain what his plan is for the fence. He stated that he brought in some people to fix-up the lot. Some of the large poles have been taken out. They aze fixing the lighting under the canopy. They will be replacing some of the boards on the canopy and paint the canopy. They intend to repair the cedaz fence and paint it white to brighten things up. In general, Mr. Smith said that he wants his place to look like a nice clean business. He thinks that it will be easier to maintain because it is a smaller space. Mr. Smith intends to manage the business and he doesn't see any problem in meeting all of the neighbor's requests; they are reasonable. Mazk Pacheco, the previous owner, will be on site as the general manager and salesman. Mr. Smith will be involved with buying the cars and making sure that the business is running smoothly and everything is under control. Ms. Vang asked Mr. Smith if he has ever run this type of business before. He responded that he has not. He stated that he has known Mark for many years and has a good feel for what the business is about and a good understanding of what he is getting into. Ms. Vang asked Mr. Smith if he has talked with Mr. Pacheco about some of the concerns raised in the letters, and how he has addressed them in the past. Mr. Smith replied that Mazk understands how he has fallen down in the past. He believes that with minimal direction, Mark will be able to concentrate on selling cars while Mr. Smith can be responsible for making sure that everything is under control. Mr. Smith added that he has no problem with any of the nine (9) conditions proposed by DSI. Mr. David Benshoof addressed the hearing in support and opposition. He owns the property to the north of this site. He explained that the 40-foot lot directly to the north of this site had been rented by Mr. Pacheco for the last ten (10) years. Now, Mr. Smith has chosen to downsize and not rent Mr. Benshoofls 40-foot lot. The only concern he has is that people driving down Arcade Street will automatically pull into his empty 40-foot lot to park and then walk over to look at a car on Mr. Smith's lot. The new curb cut, which hasn't yet been made, is ten (10) feet from his driveway. He would like to rent a few spaces of his lot to Mr. Smith for those customers who will inevitably park in his lot, regazdless. His question to Mr. Smith is, "What are you going to do, if you don't rent the lot, to keep those people out of my IotT' (Signage? Cyclone fence? etc.) Mr. Smith responded that they (he and Mark) decided that they will put up a flag pole at the north end of the property and direct all customers to pull in right next to the flag pole, which will be right next to their curb cut, to prevent customers from driving on the neighboring property. There will also be signs noting where to enter Cars And Credit. If they notice people parking next door, they will tell them that they must park in the Cars And Credit lot. He doesn't expect crowds of people because they will have only a dozen cars to sell and they will have three (3) or four (4) empty parking spaces. They won't need overflow parking. Ms. Vang asked staff how the City handles this type of situation. Mr. Beach noted that this particular issue has not come up before. He thinks that if Mr. Smith has a legal curb cut, things should be OK. Mr. Benshoof asked if a condition could be added that said none of Cars And Credit customers could pazk on his lot. Mr. Fischbach responded that if that were part of the license condition and it became a problem, the City could take adverse action against Mr. Smith's license. Mr. Benshoof added that he was at his property yesterday taking down the back fence on his property (part of the back fence continued onto his property). He put up a decorative chain because he doesn't want cars coming down the alley cutting through his lot to go onto Arcade Street. While he was at his property, three (3) or four (4) cazs pulled in (workers and former customers of Cars And Credit). Mr. Smith stated that yesterday they had people 3 �-f?�a just drive up over the curb to get onto their property and they will continue to do that until their curb cut is installed. Mr. Benshoof added that he is also concerned about the maintenance of the property as a whole (peeling paint, dilapidated fence, weeds, eta). Mr. Beach stated that even though the new curb cut is not ideal, it seems to be the best option. He thinks that this reduced size car lot will generate less traffic than a typical retail business. Mr. John Kuderka, neighbor, addressed the hearing. He has lived in his home for 34 years. He and his wife both signed the petition. He said that so far this hearing has clarified for him and the other neighbors some things that they had not known at the time the notices were received. Regarding the fence, it is in very poor condition from all of the neighbors' perspectives. If it is a cedar fence, it certainly doesn't look like it anymore and is in very bad shape. Parts were broken and parts have fallen off. Hopefully, the fence will be repaired and kept up to good standards; it hasn't been up until now. There also has been a lot of litter that accrues on the T-a11ey. Last yeaz, there was an old pick-up truck with a flat tire that sat there for three (3) months. He and the neighbors would appreciate a concerted effort by Mr. Smith and Mr. Pacheco to keep that azea clean and well-maintained. He was pleased to hear that the pennants where no longer going to be there. This site is near a major entrance to a major metropolitan regional park and requires extra diligence on the part of the business owners to maintain a good appearance as an entrance to a majar beautiful park. Regarding the fence, he has learned today that Mr. Benshoof had taken down a portion of the fence and put up a decorative chain, which does look nice buY he doesn't know if the provisions of the fence (condition #8) ever applied to that parcel of property ar if it still does. Mr. Beach responded that the parcel is still a parking lot, even though it is no longer a used car lot, and a pazking lot also needs a 6-foot privacy fence to buffer from residents. He added that DSI intends to inform Mr. Benshoof that a fence needs to be put back up. Mazgo Mason, neighbor, addressed the hearing. She also had signed the petition. Ms. Mason is concerned about the flag poles, flags and streamers that have been there in the past. It was her understanding, from the original agreement, that they were not supposed to be there. She would like to see the tall flag poles gone. She would also like to see a larger trash bin there. She is concerned that although it is under a new ownership, the same person who she has dealt with before is still running the business. When a problem arose, Ms. Mason went to speak with him and nothing would ever get done, so, she'd have to call the City or the mayor's office. There had been tires stored, broken snow mobiles, furniture that was there for a year, etc. She doesn't want to see that again. Ms. Vang asked Mr. Smith about the dumpster. Mr. Smith responded that the dumpster is provided by the landlord, Greg Grady. There aze a number of tenants in the building of which they rent a part. He added that he likes things clean; he is not a junk collector. Ms. Mason interjected that the dumpster is always overflowing and the lid is never shut. Ms. Vang asked Mr. Smith to speak with Mr. Grady about providing a larger dumpster. Mr. Beach said that it would be his recommendation that the Site Plan include a condition that there not be pennants because the zoning has changed to TN2 since the lot first went in. With regazds to the flagpoles, Ms. Vang stated that she understood they were taken down. Mr. Smith responded that they took down three (3) poles from Mr. Benshoof's property and they intend to install one on the north end of the curb cut for the American flag. He would also like to put the other two (2) back into the lot and put on flags that bring attention to the dealership. Mr. Fischbach stated that there have been conditions place on licenses that prohibit pennants (streamers nuuiing from the flag pole to the back of the canopy) and colored flags, Mr. Smith said that he is not talking about pennants, but � b� -12'ci 2- about flags on flag poles. Mr. Beach added that since the Site Plan is still under review, maybe Mr. Smith could think about what he would like to do with those flag poles (size of flag, message on flag, color, etc.). Mr. Smith could submit a flag plan to DSI for evaluation and Mr. Beach could send a copy out to the neighborhood. Mr. Fischbach commented that he thought the colored flags would be construed as being sigis because they are intended to attract attention to the caz sales business. He thinks it would be good to get together with the properry owner and submit a comprehensive sign plan. Ms. Vang asked Mr. Smith, given his lot is going to be reduced in size, how he intends to address snow removal. Mr. Smith responded that he will continue to push the snow through the gate in the fence onto the existing grass at the south east side of the lot. Ms. Vang emphasized that Mr. Smith work with the Payne Phalen District Five Planning Council and the neighborhood to address any and all concerns that have been raised. Ms. Mason noted that part of the canopy has gray aluminum azound it and it looks nice; but the other part (Mr. Smith's part) is still painted red, white and green. Mr. Smith said that they are planning to paint it; however, paint is going to chip off again in a few years and look like crap again. She asked why he can't make it look the same as the other hal£ She added that painting the fence white will not improve it; he needs to put up a decent, solid fence thaY s going to hold up. Ms. Vang reviewed the district council's letter. They want Mr. Smith to make an effort to improve the site. Landscaping would help to make it look more attractive. Mr. Beach will work with Mr. Smith to make that happen. Ms. V ang asked Mr. Smith about the current lighting. Mr. Smith responded that there are spot lights on poles and a spot light on the building; lights aze also under the canopy. Mr. Beach said there was enough ligbYing to make it safe; most caa lots tend to be brightex. He added that now they try to use fixtures that shine down and put on shields on them so that they don't shine into the neighborhood. Mr. Smith will work with staff to address the lighting situation. Regarding fencing, Mr. Beach stated that a wrought iron fence with a hedge behind it is intended for along Arcade Street; the alley requires an obscure fence. Mr. Kuderka commented that if Mr. Smith is going to be required to put up another privacy fence, it should be compatible with the fence that Mr. Benshoof will be required to put up. Mr. Beach added that the zoning code requires that fences along an alley need to be a certain height, opaque, obscure, etc., but it doesn't say that it needs to look exactly like the neighbor's. Mr. Kuderka stated that the neighbors would like a better fence, a new fence; not just one that is fixed-up, considering the history and problems with the old one. Ms. Shazi Wand, neighbor, addressed the hearing. She did sign the petition. Ms. Wand said that the fence, as it exits, is very bad. It needs a lot more than a coat of paint; it needs to be repaired, replaced. IL needs to be a solid fence. If it is just painted, it would be insulting to the neighboxs. Ms. Mason suggested that Mr. Smith take a look at Holiday's fence. They have had no problems with their fence. IYs a solid, cedar fence. Mr. Smith said that he would look at Holiday's fence; look at other options besides painting. Ms. Vang took a short recess at 324 p.m. The hearing resumed at 3:55 p.m. 5 6��'��� Ms. Vang stated that she is going to put conditions on the license regarding the following: - replace fence (6 foot, 6 inch} along the alley with a durable, long-lasting material with no gaps underneath by June 1, 2009 under permit - no exterior storage - designation of parking shall be worked out with site plan review - sig�age placed on pazking spots; no parking in atley; employee parking spot on site - no pennants, streamers or banners - consuit with staff regarding signage, in this case, flags - and site plan condition(s) also must be placed on the license - lighting specifications - no snow shall be pushed onto sidewalk, street or alley - all conditions be reviewed in a yeaz Ms. Mason stated that the neighbors don't want business related cazs parked on residential streets; and, because the area is smaller, five flag poles aze already too many. Mr. Fischbach explained that if Mr. Smith decides that he wants a condition removed from this license, he can send DSI a letter explaining his intent and notification will be sent to the neighborhood. If there aze no objections, the condition will be removed. If there is an objection, a hearing process will take place again. Regarding the exclusion of banners, etc., many licenses have the condition; some don't, depending on zoning and other factors. Ms. V ang asked what would happen if she would recommend approval and the district council disagrees with her recommendation. Mr. Beach replied that if there were a disagreement about the site plan, he would ask the Planning Commission to make the decision. Ms. Vang stated that she will recommend approval of this application with the following conditions, pending site plan review: 1. The modifications proposed to the lot must be approved in writing by DSI Site Plan staff, and 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. The azea behind the building (fronting on Sherwood) shall be maintained according to the approved site plan on file with DSL This includes both paved and grassy azeas. 3. A six (6) foot high wood privacy fence shall be installed along the southern edge of the display area along the alley, as shown on the approved site plan. 4. 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. 5. 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 business on the block face. 6. No lighting that adversely affects adjacent residential property shall be permitted. 7. Auto repair is not permitted. 8. The obscuring fence on the east side of the property abutting the alley shall be replaced with an obscuring six (6) foot tall cedaz, composite, or other durable material fence (as determined r�-�a��- through DSI Site Plan Review) by June 1, 2009. 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 fending is permitted. 9. There shall be no exterior storage of vehicle parts, tires, oil or any other similaz 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. 10. A maYimum of fifteen (15) totai 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/empioyee spaces shall be available on the property. All vehicles must be parked according to the approved site plan on file with DSI. 11. All pazking spaces on the property associated with the auto sales business shall be striped, cleazly designated with signage, and maintained according to the approved site plan on file with DSI dated 10/3/08, prior to the issuance of the license. Labeling of pazking shall include the spaces for customer, employee, and for-sale vehicles. 12. For-sale and employee vehicles shall not be pazked or stored on the street, sidewalk, alley, and/or public right-of-way. This condition will not apply to Mark Smith, business owner, when he is verifying the work of his employee provided his vehicle is parked in accordance with all applicable parking regulations. 13. Prior written approval and the necessazy permit(s) shall be obtained from DSI before the installation of any signage. This shall include both permanent and temporary signage. 14. No banners, pennants, and/or stringers shall be permitted. 15. It sha11 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. 16. 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, rwuiing 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. 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. (Site Plan Review was approved on October 3, 2008; and the applicant signed the Conditions' Affidavit on October 14, 2008.) The hearing was adjourned at 4:28 pm. /jab 7