All conditions of approval for the IUPs must be met and put into effect within one year of the approval date.

“the conditions must be met and put into effect within one (1) year of the date of approval;”

Adopted by motion: "Scheffler made a motion to approve the three (3) requests from Glen & Janice Connelly for an IUP for outdoor used auto sales, outdoor storage and to legalize the operation of the Nowthen Getaway Craft House and that the conditions must be met and put into effect within one (1) year of the date of ap"

The interim use permit is approved only for an extended home business involving the limited sale of specialty race cars and collector vehicles at 8150 Viking Blvd.

“AN INTERIM USE PERMIT TO ALLOW AN EXTENDED HOME BUSINESS INVOLVING THE LIMITED SALE OF SPECIALTY RACE CARS AND COLLECTOR VEHICLES FROM 8150 VIKING BLVD”

Adopted by motion: "MOTION TO APPROVE AN INTERIM USE PERMIT TO ALLOW AN EXTENDED HOME BUSINESS INVOLVING THE LIMITED SALE OF SPECIALTY RACE CARS AND COLLECTOR VEHICLES FROM 8150 VIKING BLVD BY RAINVILLE, SECONDED BY BREYEN; ALL IN FAVOR, MOTION CARRIED."

The city will send a cease and desist letter regarding the auto repair business and require compliance with the auto sales business requirements.

“Rainville made a motion to send a cease and desist letter on the auto repair business and require compliance with the auto sales business.”

Adopted by motion: "Rainville made a motion to send a cease and desist letter on the auto repair business and require compliance with the auto sales business."

The applicant must present a valid plan to the Council in November 2015 for moving the business or ceasing the business at that location.

“ask him to present a valid plan for moving his business or ceasing his business, at that location, to the Council in November 2015.”

Adopted by motion: "Rainville amended her motion to contact Bauer and ask him to present a valid plan for moving his business or ceasing his business, at that location, to the Council in November 2015."

If the applicant does not present a plan at the meeting or the Council does not accept the plan presented, the City will move forward with a formal Cease and Desist Order.

“If he doesn't present a plan at the meeting, or the Council is not accepting to what is presented at that meeting, move forward with a formal Cease and Desist Order”

Adopted by motion: "Rainville amended her motion to contact Bauer and ask him to present a valid plan for moving his business or ceasing his business, at that location, to the Council in November 2015."

The project must meet the required landscaping.

“AMENDING CONDITION 10 IN THE IUP, AND MEET THE REQUIRED LANDSCAPING.”

Test driving vehicles on 199th Avenue must continue to be prohibited.

“The use of 199th Avenue for test driving vehicles should continue to be prohibited.”

The applicant must understand and agree to the conditions of approval established by this Interim Use Permit.

“I/We hereby understand and agree to the conditions of approval established by this Interim Use Permit.”

The project must not exceed the intensity desired for a rural residential area or negatively affect the health, safety, and welfare of City residents.

“The proposed use does not go beyond the intensity desired for a rural residential area or otherwise negatively affect the health, safety and welfare of City residents.”

All new parking areas must be paved.

“As a condition of approval, all new parking areas should be paved.”

Outdoor auto sales are allowed subject to amended conditions removing Conditions 34 and 35, adding Sunday hours from noon to 5 p.m. if Sunday sales are legal, and amending Conditions 1 and 2 to remove reference to a 2nd IUP.

“REMOVING CONDITIONS 34 & 35, ADDING SUNDAY HOURS FOR NOON-5PM IF SUNDAY SALES ARE LEGAL, AND AMENDING CONDITIONS 1 & 2 TO REMOVE REFERENCE TO A 2ND IUP”

Outside sales areas must be fenced or screened from view of neighboring residential uses or any abutting residential district.

“Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district.”

The outdoor vehicle sales area must be surfaced with asphalt, concrete, or pavers to control dust.

“The sales area is surfaced with asphalt, concrete or pavers to control dust.”

The outdoor sales use must not take up parking spaces required by the zoning ordinance.

“The use does not take up parking space as required by the Zoning Ordinance.”

Any IUP approval must specify required building-use parking spaces separately from those allotted for vehicle sales.

“A condition of any IUP should be that parking spaces required for building uses/square footage be specified separately from those allotted for the sale of vehicles.”

The applicant’s son may live in the house for up to two years continuing the interim use as a condition of approval.

“Mr. Sonsteby's son living in the house for up to two years, continuing the interim use, as a condition of approval”

The project must not have more than 136 total vehicles on the property at any time, excluding the property owner’s personal vehicles.

“The maximum number of vehicles permitted on the subject property as part of the Burns Auto IUP, not including the property owner's personal vehicles, could not exceed 136”

No more than 120 vehicles for sale may be on the property at any given time.

“No more than 120 vehicles for sale will be allowed at any given time.”

The driveway to the house must be eliminated when the house is converted to office space.

“The driveway to the house will be eliminated when it is converted to office space.”

Any pavement upgrades by MnDOT or the City must meet the requirement that commercial uses be accessed from a paved street built to at least nine-ton standards per Mn/DOT bituminous design procedures.

“Any pavement upgrades by MNDOT or the City shall meet the following requirements: Section 11-4-17.G states that no commercial or light manufacturing use shall be approved unless t…”

The Interim Use Permit and 10.2-foot variance approval must comply with the conditions (as may be amended) attached in the findings of fact.

“subject to the conditions (as may be amended) attached in the findings of fact.”

Install erosion control measures before disturbing any areas and maintain them until all tributary disturbed areas are restored.

“Erosion control measures shall be Installed prior the disturbance of any areas and maintained until all tributary disturbed areas are restored”

The outdoor sales area must be screened and landscaped from residential districts or uses.

“Section 11-3-8.D.3 of the Nowthen Zoning Ordinance allows outdoor sales areas as a principal use provided they: a. Are screened and landscaped from residential districts or uses;”

Encourage test drives to use Nowthen Boulevard rather than surrounding local streets.

“The property owner(s) and/or sales agents shall encourage the use of Nowthen Boulevard for test drives rather than the surrounding area local streets.”

The contractor must remove all erosion control measures (including silt fence and bales) once permanent vegetation is established in the affected areas.

“The Contractor shall be responsible for the removal of all erosion control measures, including silt fence and bales, upon establishment of permanent vegetation”

Provide wood fencing to enclose the storage container and refuse area with a six-foot fence and remove the lean-to from the site.

“Wood fencing is provided to enclose the storage container and refuse area with a six (6) foot fence”

The interim use permit terminates if the use or operation is discontinued for one year.

“The use or operation is discontinued for a period of one (1) year.”

Provide a concrete pad beneath the refuse enclosure area as shown on the plans.

“A concrete pad is provided beneath the refuse enclosure area as shown on plans.”

The interim use permit terminates if not exercised within one year of approval by fulfilling every condition, unless a written request is submitted at least 30 days before the deadline.

“If an interim use approved by the City Council is not exercised or put into effect within one (1) year of the date of approval”

Keep the property, property owners, and sales agents in compliance with Minnesota automobile dealer licensing regulations at all times.

“The property, property owners and sales agents remain in compliance with State of MN automobile dealer licensing regulations at all times.”

The applicant must replace the existing diseased and dying trees on site by October 31, 2023.

“One condition of approval to note is that the existing diseased and dying trees (mostly coniferous) on site are replaced by October 31, 2023.”

Restore and vegetate all ditches and disturbed areas as soon as possible, and seed and mulch finished areas within 14 days after finished grading per Mn/Dot 2575 using Mn/DOT seed mix and specified fertilizer rates.

“Any finished areas shall be seeded and mulched within 14 days after finished grading is completed accordance to Mn/Dot 2575. All disturbed areas shall be revegetated”

Limit hours of operation to 8:00AM–9:00PM Monday–Thursday, 8:00AM–6:00PM Friday and Saturday, and closed Sundays.

“The hours of operation for Burns Auto Sales shall be 8:00AM to 9:00PM Monday through Thursday”

Display or park no more than five vehicles for sale on the site at any one time.

“No more than five (5) vehicles (for sale) shall be displayed or parked on site at any one time.”

Employee vehicles parked on site must be on existing concrete pads or gravel driveways near the pole barn, not near the home, and the attached traffic flow plan must be followed during pick-up times with signs used as needed.

“Employee vehicles to be parked on site shall be located on the existing concrete pads or gravel driveways near the pole barn rather than near the home.”

Require a building permit application and review by the City Building Official and City Planner for any changes to structures, parking areas, lighting, or signs.

“Any changes to structures, parking areas, lighting or signs shall require application for a building permit”

All principal buildings on the lot must be under common ownership with one entity controlling all common areas.

“Multiple principal buildings on one lot of record require common ownership of all buildings and control of all common areas by a single entity.”

Provide directional signs for the main site entrance, customer parking, and handicapped parking areas in compliance with the City sign ordinance.

“Directional signs which indicate the main (paved, easterly) site entrance, customer parking and handicapped parking areas are provided”

The existing residence may continue only as an interim use for up to two years from IUP approval and then must be converted to a commercial use and cannot be used as a residence afterward.

“The existing residence is an interim use and will be allowed to continue for up to two (2) years from the date of IUP approval, when it shall be converted to a commercial use.”

Conduct a septic system compliance inspection if required by the City Building Official.

“A septic system compliance inspection is conducted if required by the City Building Official.”

Do not allow parking, loading, unloading, pick-up, or drop-off of vehicles on public streets.

“No parking, loading, unloading, pick-up or drop-off of vehicles will be allowed on public streets.”

Ensure the alternate septic drain field site is acceptable to Andy Schreder, conforms with state regulations, and is protected from disturbance or compaction.

“must be protected from disturbance or compaction.”

Within two years of IUP approval, the house must be converted to commercial office space or an owner/family member must keep living there under interim status; it may not be rented or used for unauthorized purposes, and after two years an amended IUP is required to allow conversion to commercial use.

“At no time shall the residence be occupied by renters or used for unauthorized purposes. After two years, approval of an amended IUP will be required to allow conversion of the res…”

Meet all conditions in the City Engineer's report dated February 17, 2016, and obtain City Engineer approval for revised plans and drainage calculations.

“All conditions as outlined in the City Engineer's report dated February 17, 2016 are met”

Maintain the 130-foot bufferyard on the north side adjacent to residential uses, including existing vegetation and natural/wetland/ponding areas, at all times.

“The 130-foot bufferyard on the north side of the property adjacent to residential uses is maintained at all times including existing trees/shrubs, natural areas, wetland, ponding a…”

Keep the subject property in compliance with all State, County, and City building codes, subject to review and approval by the City Building Official.

“The Subject Property must be in compliance with all State, County and City building codes and is subject to review and approval”

No more than 144 vehicles total may be on the property at any time (24 employee/customer spaces plus 120 vehicles for sale), and vehicles for sale may not use employee or customer spaces.

“The maximum number of vehicles permitted on the subject property, may not exceed 144 (24 employee/customer spaces and 120 vehicles for sale) at any given time.”

The interim use permit terminates on the date/event stated in the permit as determined by the City Council.

“The date or event stated in the permit as determined by the City Council.”

Do not park, load, unload, pick up, or drop off vehicles on public streets.

“No parking, loading, unloading, pick-up or drop-off of vehicles will be allowed on public streets.”

Vehicles may be parked only in designated spaces and not in drive lanes, unapproved areas, or on yard/grass-surfaced areas not intended for parking.

“Vehicles may only be parked in designated spaces and not within drive lanes or on any portion of the property not approved as parking or on yard/grass-surfaced areas not intended f…”

The interim use permit terminates upon violation of the permit conditions.

“Upon violation of conditions under which the permit was issued.”

Park vehicles only in designated approved parking spaces, keep drive lanes marked and clear, and maintain order; do not park in drive lanes or unapproved/yard/grass areas.

“Vehicles may only be parked in designated spaces and not within drive lanes or on any portion of the property not approved as parking”

Auto sales are allowed only in connection with purchase and resale of estates, limited to five vehicles per year, stored on gravel/paved surface or inside a building, and not kept on site longer than 30 days.

“auto sales shall only be allowed as associated with the purchase and resale of estates, provided the number of vehicles is limited to five (5) per year”

All ditches and construction-disturbed areas must be restored and vegetated as soon as possible, and finished areas must be seeded and mulched within 14 days after finished grading is completed, in accordance with Mn/Dot 2575.

“All ditches and areas disturbed during construction shall be restored and vegetated as soon as possible. Any finished areas shall be seeded and mulched within 14 days”

The interim use permit terminates upon a change of occupancy or ownership of the principal use.

“The interim use permit shall terminate upon a change of occupancy or ownership of the principal use.”

Specify parking spaces required for building uses/square footage separately from those allotted for the sale of vehicles as a condition of the IUP.

“A condition of any IUP should be that parking spaces required for building uses/square footage be specified separately from those allotted for the sale of vehicles.”

Allow Mr. Sonsteby's son to live in the house for up to two years and continue the interim use as a condition of approval.

“Mr. Sonsteby's son living in the house for up to two years, continuing the interim use, as a condition of approval”

All principal buildings on the lot must be commonly owned and all common areas must be controlled by a single entity.

“Multiple principal buildings on one lot of record require common ownership of all buildings and control of all common areas by a single entity.”

Hours of operation are limited to 8:00 AM to 8:00 PM Monday through Sunday.

“Hours of operation shall be 8:00 AM to 8:00 PM Monday through Sunday.”

Any outdoor storage must comply with the 100-foot setback requirement or be stored inside a building or screened.

“Any outdoor storage on the property must comply with the 100-foot setback requirement, be stored inside one of the buildings or screened.”

Employees are limited to two full-time or four part-time persons, excluding family members living in the home.

“The maximum number of employees is limited to two (2) full-time or four (4) part-time persons, not including family members residing in the home.”

Any future sign is limited to six square feet and must be approved by the City, and the existing pole barn sign may be refaced if the text does not exceed six square feet.

“Any future sign is limited to a maximum six (6) square foot size and shall be approved by the City.”

The driveway partially over the east property line may remain only with written permission from the neighboring landowner, or must be amended to meet the 5-foot setback, or addressed via easement or lot line reconfiguration.

“The driveway location, which lies partially over the east property line, is allowed to remain with the written permission of the neighboring land owner”

A federal firearms license must be submitted for City Council review and approval, and discharge of firearms is not permitted on the property.

“A federal firearms license shall be submitted for review and approval of the City Council and the discharge of firearms shall not be permitted on the property.”

Any change or intensification of the use, or activities not permitted by the Interim Use Permit, requires an amended IUP.

“Any change or intensification of the property use, or activities not permitted by the Interim Use Permit issued shall require an amended IUP.”