TO: Mayor and City Council
FROM: Dustin Anderson, Director of Community Development
SUBJECT:
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Ordinance Approving a Special Use Permit to Allow an Automotive Repair Facility, Located at 370 Ruby Street (ZBA 2026-18)
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BACKGROUND:
The petitioner and property owner, Israel Hernandez, is requesting a Special Use Permit to allow an automotive repair facility at 370 Ruby Street. The property is zoned B-3 (general business), which allows automotive repair facilities as special uses. The current building was constructed as an automobile service station around 1960, and then was occupied by Plese Radiator Service from the 1970s until around 2020.
The business would operate from the existing commercial building, which contains two repair bays, restrooms, and an office area. The proposed facility would serve the general public and also be used to service and repair cars for sale by the petitioner’s nearby car dealership, Gigante Motors (located at 267 Ruby Street). Repair services offered would include routine maintenance, diagnostics, brake repair and replacement, and engine code identification and repair. The business would accept walk-in customers in addition to scheduled appointments. The petitioner anticipates servicing around four vehicles per day or around 24 vehicles per week. The business will have three employees: two mechanics and one office staff member. The proposed hours of operation are Monday through Friday from 9 AM to 6 PM and Saturday from 9 AM to 3 PM. Car sales would not be permitted at this site.
The petitioner and City staff have identified several site improvements that will be required as conditions of the special use permit. The site surrounding the building is almost entirely paved but is not currently striped with parking stalls. In addition, there are currently three curb cuts that provide access to the site: two off Ruby Street and one along the west side off Center Street. The petitioner will remove the asphalt and install grass at the northwest corner of the site that is within the visibility triangle for the intersection of Center Street and Ruby Street. They will also install grass along the north property line as a buffer between the parking stalls and the public sidewalk. These improvements will add green space to the property and improve traffic safety and circulation on and around the site. The petitioner will also remove and replace a portion of the sidewalk and curb along Ruby Street to eliminate the west curb cut nearest the intersection. Finally, the petitioner will need to stripe the parking lot in accordance with City standards. These parking stall areas are identified on the attached site plan. Additionally, if the site has an outside dumpster, it will need to be screened on three sides with a solid enclosure as required by the Zoning Ordinance. There are no significant exterior modifications or additions planned for the building.
The Zoning Ordinance requires that auto repair facilities not have openings within 100 feet of a residential zoning district. The two loading doors on the north side of the existing building are within 100 feet of the residential property to the south. At their meeting on April 16, 2026, the Zoning Board of Appeals approved a Variation from this spacing requirement to allow the proposed repair facility to occupy the existing building.
The special use request meets the attached criteria for special uses. The subject site has historically been used for auto repair and sits along the established Ruby Street commercial corridor. The proposed site improvements will enhance the appearance of the site and improve site circulation. Adequate drainage and utility infrastructure exists at the site. The site has existing points of ingress and egress, and the proposed curb replacement along Ruby Street will improve site circulation by eliminating the driveway entrance near the intersection.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on April 16, 2026. Israel Hernandez and Tiffany Hernandez, petitioner, represented the petition. No one spoke in favor of or in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Ralph Bias moved that the Zoning Board of Appeals recommend approval of the Special Use Permit to allow an automotive repair facility, located at 370 Ruby Street, subject to the following conditions:
1. That all proposed site improvements are completed prior to the issuance of a Certificate of Occupancy, including:
a. Removal and replacement of the curb and sidewalk along a portion of Ruby Street;
b. Removal of asphalt and installation of turf grass at the northwest corner and along the north side of the site;
c. Striping of the parking lot in accordance with City standards;
2. That a functional oil separator shall be in place for the garage bays prior to the issuance of a Certificate of Occupancy;
3. That all service and repairs shall be performed within the building;
4. That a City business license shall be obtained;
5. That the Special Use granted shall herein terminate and lapse unless a building permit or certificate of occupancy is obtained not later than 180 days of the effective date of this ordinance and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant an extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application and good cause shown without notice or hearing. Whether or not there is an intention to abandon the Special Use, if any special use is discontinued for a continuous period of one year, or if an intent to abandon the Special Use is evident in a shorter period of time, the Special Use for such use shall become void, and such use shall not thereafter be reestablished unless a new Special Use Permit is obtained; and
6. Should the property be declared a public nuisance, it may be subject to a rehearing and a possible revocation of the Special Use Permit.
Jesse Stiff seconded the motion, which passed with five (5) aye votes and no nay votes. Voting aye were: Bias, Hennessy, Nachtrieb, Radakovich, and Stiff. Voting nay were: none. Absent were: McGrath Schmig.
RECOMMENDATION:
recommendation
Staff concurs with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt the following, subject to the same conditions approved by the Zoning Board of Appeals above:
1. Ordinance Approving a Special Use Permit to Allow an Automotive Repair Facility, Located at 370 Ruby Street
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