Item Coversheet
City of Independence
BILL NO. 17-0391st R.

Agenda Title:

17-039 - 1R. An ordinance approving a special use permit to operate a used vehicle sales lot at 1502 E US 24 Highway in Independence, Jackson County, Missouri.

Commissioner Preston made a motion to recommend approval of the application with no conditions.  A second to the motion was made by Commissioner McClain. The Independence Planning Commission voted as follows:

Commissioner Goldesberry



Commissioner McClain



Commissioner Ashbaugh



Commissioner Preston



Commissioner Boley



Commissioner Read



Commissioner Ferguson







The motion for approval failed with a 0 – 6 vote and such application is forwarded to the City Council for its consideration.  Staff concurs with the recommendation of the Planning Commission.

Executive Summary:

Brandon J. Fryer requests approval of a Special Use Permit to operate a used vehicle sales business at 1502 E. US 24 Hwy.  This proposed business operation is intended to supplement the tire sales business now operating here. 


This site, on the northeast corner of E. US 24 Highway and N. Kiger Road, has been used for various forms of auto repair for many years.  The current tenant, Brandon Fryer, manages the ‘Affordable Tire Shop’ (tire shop) a tire sales and installation business.  The tire shop operates from a small (1,800+/- SF) metal building on the southern third of the entire lot, consisting of a land area of roughly 8,600 SF. 


In addition to the tire shop, Mr. Fryer has also maintained a license for ‘KC Car Buyers’ with the business type listed as ‘Broker/Auto Sales – No vehicles on lot’ which allows the company to sell vehicles on the internet and by other means provided no vehicles are kept on the premises.  As the tire business has not been that productive, Mr. Fryer has decided to expand his operations by selling vehicles on the site as well.  According to his attached letter, he seeks to display six to seven vehicles on the south and west sides of the site.  Vehicle sales will supplement, not replace, the tire shop business on the property.  No other changes are planned for the site.


Five people spoke against this application during the public hearing.  Issues cited by the protestors included: possible increased traffic in the neighborhood, more vehicles parked on the street and on the north part of the lot, potential for more accident at the intersection, and reduction of property values.


Planning Commission Action - At its March 14, 2017 meeting, the Planning Commission vote to recommend approval of this application, with no conditions, failed with a vote of 0-6 to after consideration of the following facts:


1.                  That the Special Use Permit is not consistent with the review criteria listed in Section 14-704-09 of the Unified Development Ordinance.

2.                  That a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.

3.                  That there are single family uses to the north and east of the site.

4.                  That there are used car sales lots existing on the northwest and southwest corners of this intersection.

5.                  That the tire sales and installation business will continue to operate from the site.

6.                  That, at the Planning Commission hearing, five people spoke against the application citing such issues as extra traffic, vehicles being test driving on N. Kiger, vehicles for sale parked north of the subject site.

7.                  That the proposed business will be restricted to the south end of the site, according to the legal description.

8.                  That no petitions protesting the application were presented at the Planning Commission meeting.



Planning Commission minutes are available in the Community Development Department.

Department:          Community DevelopmentContact Person:          Tom Scannell

Community Development DepartmentApproved
Community Development DepartmentApproved
Finance DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

MapBackup Material
Staff ReportBackup Material
App 17-200-01Backup Material
App 17-200-01 - part 2Backup Material
Special Use OrdinanceOrdinance