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9. Councilor Dunn asked when staff goes to the County meeting in February to find out what the plans are for Highway 5. M/S/P Hunt/DeLapp — that these stated items be sent to the staff for review and comments, and that Walt Pechan be sent a copy of the conditions, and that the staff report back with a detailed report on these items before a CUP is prepared. Planner Terwedo indicated this could be done for the February 3`d meeting. (Motion passed 5-0). B. Amendment to Parking Standards During the development stage of the medical office building on the United Properties site, it was noted that the zoning code lacked specific regulations for planting requirements within the off-street parking areas. The Planning Commission reviewed the ordinance amendment at their January 12, 1998 meeting and recommended that the Council set a public hearing. M/S/P Conlin/DeLapp — to direct the staff to set a public hearing to amend Section 300.13, Subd. 6 Off - Street Parking, B. Planting requirements within parking and vehicular use areas. Councilor DeLapp will provide a drawing and definitions for double -loaded aisle and interior versus exterior landscaping.). C. Veterinarian Hospital Expansion Mike Nieuwsma, CEO and General Manager of the Veterinary Hospitals Association, has submitted an application for expansion of the crematorium and pet supply business located at 8601 34'h Street. Presently, the site is 2.04 acres in size and consists of a crematorium and a 40' x 90' storage building, which includes an office use. No amendments to the CUP or building permits were issued for conversion of a portion of the storage building into offices. The applicant is proposing to remove the existing structures on the site and construct a 3,200 sq.ft. crematorium and a 7,627 sq.ft. distribution/office building as part of Phase I. A 5,000 sq.ft. addition is to be added at a later date. The applicant is asking for an interpretation of the nature of what they have, how it relates to our current code, and how they can proceed from that point. Mike Nieuwsma stated they have a use that has been in operation for a number of years under the function of VHA or Dr. Swanson. They have had offices for a number of years and a distribution center where they warehouse veterinarian product. They have been working under the assumption that the CUP granted to Dr. Swanson allows them to do the veterinarian services, one of them being a storage facility and crematorium. VHA is leasing from Dr. Swanson with an option to buy. Attorney Filla reviewed the 1988 version of the CUP issued to Dr. Ray Swanson for a Vet Clinic, Animal Hospital, Crematory, and Dog Pound, subject to the condition that the owner may sell pet supplies, drugs, and kennel supplies as an accessory to this use. After 1988 or 1990, the list of allowed uses were changed without the City's consent. Converting a use from one that is allowed to one that is not allowed creates a legal non -conforming use. Filla warned the Council to proceed cautiously because what is done now may have the affect of transferring what may be an illegal use to a non -conforming use. By granting variances in Ag zone, you are actually rezoning the property for a commercial use. If this is what the City wants to do along the corridor, then it should take a look at rezoning the area. The staff needs to research the background information and the CUP to determine if the uses are legal or illegal. Councilor Conlin asked the staff to look at the existing bio-hazardous waste storage building located in the back of the main building. M/S/P Hunt/DeLapp —to postpone in order to research background, review uses on site, and work with Veterinary Hospital Association in deciding whether existing uses are allowed. (Motion passed 5-0). D. Manning Corridor EAW Administrator Kueffner asked that the Council submit their comments on the Manning Corridor EAW by Monday, January 26, in order to formulate a letter. The City Engineer will review the EAW. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998