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constructed at this time. In keeping with the basic design themes of the Village Area Concept Plan <br />it would be preferable for the 6 "Proof' parking spaces be those closest to Highway 5, leaving a <br />driveway and "back-to-back" 7 parking spaces toward the rear of the structure. <br />As a parking area of less than 15 spaces, no landscape island requirements are applicable. <br />Findings and Recommendations: <br />1. A Conditional Use Permit for a veterinary clinic in the General Business Zone is allowable <br />per Section 300.07, Subdivision 4HIe of the Zoning Ordinance. <br />2. The required general Findings for a Conditional Use Permit specified by Section 300.06, <br />Subdivision 4 of the Zoning Ordinance can be made in the affirmative, subject to several <br />conditions related to the operations of the veterinary clinic. <br />3. The Section 520 Site Plan for parking and drive modifications to the site generally <br />complies with applicable provisions of the City Code. <br />Staff recommends the Planning Commission recommend approval of the Conditional Use Permit <br />and Site Plan based on the Findings #1 and #2 above subject to the following conditions: <br />1. Barking dog complaints shall be reviewed by the City Council and may be the basis for <br />revocation of this CUP if such conduct creates a nuisance to adjoining property — as <br />determined by the City Council. <br />2. Site modifications shall be consistent with the Section 520 Site Plan staff dated August 9, <br />2006 as may be modified by the conditions of the Site Plan approval resolution. <br />3. The septic system for the subject pOroperty shall be in compliance with City regulations <br />and shall be determined to be in compliance by the Building Official prior to occupancy <br />responsive to this CUP. <br />4. There shall be no outside kennels or animal runs. <br />5. All disposal of animal parts and waste shall be in compliance with applicable State, <br />County, and City laws. <br />6. Specific veterinary practices permitted by this CUP shall be limited to veterinary <br />medicine, surgery, dentistry, and related service for small domestic and non -domestic <br />household pets. <br />7. The Site Plan shall be modified to convert at least 6 proposed off-street parking spaces to <br />"Proof of Parking" to be constructed only if directed by the City. All existing parking area <br />located within the Highway 5 right-of-way shall be removed, including any impervious <br />surfacing related to such parking. <br />8. Compliance with any recommendations of the City Engineer and City Attorney. <br />9. Upon occupancy of this site as a veterinary clinic the Conditional Use Permit for a <br />veterinary clinic issued to John N. Baillie at 3417 Lake Elmo Avenue (Resolution 97-54) <br />shall expire and become null and void. <br />planning Commission Actions Requested: <br />Motion to recommend approval of a CUP for veterinary services and Section 520 Site Plan for site <br />modifications to Dr. John Baillie/Harty at 11051 Stillwater Blvd. per the Findings and Conditions <br />listed in the Planning Staff Report of August 9, 2006. <br />