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Air ammaz, CQ.swxf & �aZlkt.�. FREOE' 'K P. MEMMER ATTORNEYS AT LAW SEL0641,A�• CASWELL 1590 WHITE BEAR AVE.. ST• PAUL. MINNESOTA S51 045 CLAYTON PARKS. JR. PHONE 774-0731 BRUCE L . BECK December 8, 1976 Mr. Joseph Chlebeck City Clerk City of Little Canada 515 Little Canada Road Little Canada, Minnesota 55117 RE: MAACO Franchise for Mr. Herrick Dear Mr. Chlebeck: You requested a written opinion from me in connection with the application of Mr. Herrick for a building permit to construct a facility to use a MAACO Auto Painting Franchise. The question to be answered is: May such use be permitted in a business district under our Code? In looking at the permit uses listed under Ordinance No. 9072 Section 907.0403 there are listed a number of permitted uses including subsection (j) which permits automotive service, service stations, service garages, etc. Your attention is also calledto serviceshas t subsection ( called service establishments which lists a number research laboratory and radio or television stations. The MAACO Franchise is an automotive painting service which advertises fast, inexpensive, quality auto painting. They also advertise auto body work to a limited degree. According to Mr. .a Herrick main fea and the of representative from MA,ACO,the inauto connection work ls not with the painting of cars. the business and is only done In other words, if body work is needed before a proper paint job can be applied, they have the facilities to do the bodywork. They claim they are not in the body repair business and do not doorbody work no do they solicit body work and repairs. It is my opinion that an operation such as this type to be included under subsection (j) of 907.040 as a permit use because it seems to fit the general business zoning better than any other. I believe that when our Zoning Code was wr itbus business was district intention to include this type of use under the general B-2. It is quite obvious that a paint job such as this could not fit into a B-1 district on the one hand nor would it fit into the industrial district on the other hand. It seems that the-gener l busomewheresdistrictbetween was created to include many of the uses which would the B-1 district, which is known as a limited business district and the industrial, which has to do with manufacturing primarily. Under the industrial zone, specifically 908.010, subsection (e), Clerk's exhibit no. 662 meeting 12-8-76