The New Ulm Planning Commission recommended against approving a conditional use permit for the business on Thursday, but expressed a willingness to approve an interim use permit if the applicant, James Sowers, applies.

Sowers is looking to open a retail record and vintage toy store at 326 Center Street. This property is zoned as general industrial zoning. The property was previously owned by Minnesota Valley Testing Labs. A permit is required to allow a retail business to operate in an industrial district.

City staff recommended approval for the CUP, viewing this type of business as less intense than most industrial uses. Staff felt the business would not adversely impact other industrial land uses in the area and sufficient off-street parking was provided.

The commission voted against recommending the permit, due to concerns about the permanent nature of a CUP.

Staff photo by Clay Schult Classic album covers are already displayed in the windows of the building at 326 Center St., which is planned to be a record and vintage toy store.

Commissioner Larry Mack asked if an IUP was more appropriate for this type of property. His concern was a CUP would remain with the property even after the businesses moved, whereas an IUP was temporary.

City planner John Knisley said an IUP could be used in this scenario, but the request was for a CUP and the board needed to rule on this type of permit. The meeting agenda that was published stated the board would have a public hearing to discuss a CUP. If the commission voted on an IUP instead.

Community Development Director David Schnobrich said a separate application for an IUP would need to be submitted for consideration.

AMPI manager Bill Swan also spoke against approving the permit. Swan’s objection was on behalf of AMPI. He said the business did not favor having a retail store next door. AMPI is located east of the property.

Swan said there is already heavy truck traffic in the area. He believed adding additional car and foot traffic next door would create more problems. Swan said the business would work better in a downtown storefront.

Commissioner Ashley Aukes asked if the traffic created by the New Ulm Furniture created traffic issues, as this was a neighboring retail property to AMPI for years.

Swan said semis trying to reach AMPI’s truck scale on the east side of their building struggle to navigate German Street. Most come down Center Street but turn left on German and circle the block instead of back on the scale.

Swan also stated the bike trail on the east side of AMPI property created conflicts with bicycle and pedestrian traffic. He said AMPI made a mistake in allowing the trail to go through this area. AMPI was against any traffic increase in the area.

Aukes asked Sowers how many customers they anticipated coming to the store.

Sowers said he ran the Johnny B Good store under the mall before COVID shut down the business. He said at the time there were two or three people at most in the building.

The starting hours of operation for the business would be 8 a.m. to 4 p.m. Monday through Friday.

Sowers said he intended this to be a temporary business location. After getting it started he believed the business would move elsewhere.

Mack said since the owner was only planning to operate the business temporarily, CUP did not make sense for the property.

Aukes made a motion denying the permit with a second from Mack. The commission unanimously denied it.

The commission clarified Sowers could reapply for the IUP application. The IUP would be in effect for five years. Sowers said he was willing to reapply.

The recommendation to deny the CUP will go before the New Ulm City Council on Tuesday.