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09-28-2005 Council Agenda
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09-28-2005 Council Agenda
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The plan submitted by the applicant does not include a parking plan or site plan that <br />would indicate the customer and employee parking arrangement on the property. <br />Therefore, it is not possible to evaluate this element. The exterior building drawing <br />submitted by the applicant indicates a proposed remodeling with "EIFS" panels over the <br />existing concrete. No signage is indicated. <br />Finally, the non - conforming status of the current use further complicates the proposal. <br />The zoning ordinance provides that "A lawful non - conforming use of a structure or <br />parcel of land may be changed to lessen the non - conformity of use." In this case, the <br />proposed change is to another non - conforming use. This change does not comply with <br />the requirements of the zoning ordinance. Only a change that lessens the non- <br />conformity is permitted. <br />Summary and Recommendation <br />The proposed Conditional Use Permit fails to meet several requirements of the Zoning <br />Ordinance including (1) the requirement that the retail use is allowed in the B -3 District; <br />(2) the retail use occupies no more than 10% of the building floor area; and (3) A non- <br />conforming use may be changed only to lessen the non - conformity. As a result of these <br />findings, planning staff does not recommend approval. <br />Pc: Kathy Glanzer <br />Steve Westerhaus <br />Lee Elfering <br />Richard Reeves, Maaco, 3245 Country Drive, Little Canada, MN 55117 <br />
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