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Scott County panel approves amended permit for Ace Auto to expand outdoor storage, sets strict compliance conditions
Summary
Commissioners voted to amend Ace Auto LLC's conditional use permit to expand outdoor vehicle storage, but required landscaping, stormwater improvements, and guarantees after staff and township raised longstanding compliance concerns.
The Scott County Planning Advisory Commission on March 10 recommended approval of an amendment to the conditional use permit for Ace Auto LLC to expand its outdoor storage area, subject to multiple conditions intended to address prior permit violations and environmental controls.
Greg Wagner, principal planner, reviewed the site at Bluff Drive and Jordan Avenue and reminded the commission that Ace Auto received its original conditional use permit in 2018. County code enforcement had documented violations of two permit conditions that restrict outdoor storage within the front-yard setback and prohibit vehicle storage on township roads or rights-of-way. Wagner and Deputy County Attorney Kurt Whitman told the commission the county’s ordinance defines "outdoor storage" to include inoperable, damaged or unlicensed vehicles not intended for sale.
Edward Tabakoff, the applicant, acknowledged prior noncompliance but said business growth had increased the number of vehicles on the lot and that many vehicles are in active repair or are intended for resale. "We are not storing cars as a junkyard; we bring them in, repair them and sell them," Tabakoff said. He said the proposed expansion to the north would allow the business to move vehicles out of the front setback and into an approved storage area.
Sand Creek Township recommended approval with two conditions: a six-foot minimum greenbelt planting strip (Arborvitae recommended) to screen the wildlife refuge entrance to the west, and a drainage/maintenance easement and agreement for the expanded infiltration basin. The U.S. Fish and Wildlife Service, which recently acquired land north of the site, asked for additional screening at the wildlife refuge entrance.
Staff recommended approval so long as several items are satisfied prior to County Board consideration, notably: revise civil plans to show the outdoor storage area pulled back out of the front-yard setback; provide an updated landscaping and screening plan; expand the stormwater pond to accommodate new impervious area and supply stormwater guarantees; and execute a drainage and maintenance agreement for the infiltration basin. Staff also recommended financial guarantees for landscaping and stormwater work.
Commissioners pressed Tabakoff on business operations and alternatives, including moving sales to a parcel the applicant owns across Jordan Avenue; staff said the county would consider extending the CUP across the road if the applicant developed that parcel as a sales lot and met township requirements. Several commissioners said the application felt like a partial or temporary fix unless the applicant also pursued off-site storage or adjacent property acquisition.
Commissioner Watson moved approval subject to the conditions in the staff report; Commissioner Robbins seconded. The motion carried with an affirmative vote from commissioners present.
