The owner of Peterson Towing will have 55 days to clear the vehicles from his Buffalo Hills Lane property.
Clarence Turner was given 60 days, from May 15, by the Brainerd City Council Monday to have the vehicles at the towing business removed from the lot. The city will retain its attorney in the matter, but hold off on action for the 60 days.
Turner was ordered to stop doing business by the city of Brainerd in 2002. Turner said he stopped doing business May 15 at the current Peterson Towing site, and he requested the time from the council to move the stored vehicles and set up an auction
"I'm going to leave peacefully by myself," said Turner. He didn't know what would be done with the buildings on the site. Those buildings triggered the action by the city a year ago.
On June 3, the Brainerd City Council revoked a conditional use permit issued to Peterson Towing and ordered the owner, Turner, to stop doing business.
The revocation resulted in two legal actions from Turner. On June 13, Turner filed a lawsuit in Crow Wing County District Court claiming that because Peterson Towing was operating before being annexed into Brainerd, it was a legally non-conforming business.
The city of Brainerd argued that a stipulation of Turner's contract when he bought the towing company in 1999 was that he meet the conditions of the conditional use permit.
The seven conditions that went with the conditional use permit when it was issued to original owner Fred Peterson in 1991 were: That he pave areas within the storage yard, that additional drive and parking areas be paved, that parking outside of the storage area be restricted to 48 hours, that he grant the city a 40-foot easement for roadway and utilities on the north 40 feet of the property, that a construction project started without a building permit be restricted until the rezoning had been completed, that a screen fence at least 8 feet high and 95 percent opaque be built around the storage yard and that trees be planted in the boulevard area for landscaping and screening.
Crow Wing County District Court Judge Richard Zimmerman July 2 denied Turner's motions.
The second legal action contested the city's ability to regulate the use of the land. That lawsuit was withdrawn in December.
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