Minutes - 1978/09/25 - Laserfiche WebLink

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September 25, 1978 Page 3 the problems the Council was concerned with. Administrator Achen added that a study was done, and based on Staff's objections or criteria, the City had its own planning consultant do a study. Administrator Achen stated that Southland Corporation had been scheduled to be on the Planning Commission agenda at the August 23 meeting, after several delays at Seven Eleven's request, but they had not appeared at the P1arning Commission meeting, and the Planning Commission recommended that their request for a conditional use permit for gas pumps be denied. The item was then scheduled for the September 25 Council meeting and Southland Corporation was once again told of the meeting, and they told the City they did not plan to attend. Attorney Meyers reported that the Council considers this to be the final determination of Seven Eleven's request and that all public hearings have been closed. Mayor Pickar reviewed the reasons given by Midwest Planning for not approving the conditional use permit for the gas pumps. MSP (Pickar Ziebarth) to deny the request for a conditional use permit for the Seven Eleven store based on the following reasons, that the proposed use is incon- sistent with the spirit and intent of neighborhood commercial centers, the proposed use represents an additional non neighborhood oriented use on the existing Seven Eleven site, with the proposed use the Seven- Eleven site cannot accommodate suff- cient parking to comply with the zoning ordinance, the existing Seven- Eleven site cannot comply with zoning ordinance requirements pertaining to site dimensions and access locations for aas stations, the existing Seven Eleven site is not of sufficient size or dimension to accommodate necessary maneuvering areas and provide reasonable car stacking spaces, and due to the fact that the Planning Commission recommended to the Council denial of the conditional use permit. 5 ayes Councilmember Baumgartner pointed out that one of the recommendations from the Planning Commission was that the property at Silver Lake Road and County Road H2 be down zoned from B -3 to B -1 and that the Council direct Staff to review the impact of the current convenience food operation, which is an apparent violation of the existing ordinance. He added that some grocery stores in the City have turned into a convenience food type establishment where a person can run in for a hamburger or hotdog. Attorney Meyers stated that if the City does down zone the property, they could be exposing themselves to a lawsuit from the property owners. He added that the City has been sued before but the Court upheld the City's findings. MSP (Baumgartner Pickar) to set a public hearing on rezoning the subject property from B -3 to 8 -1 at 8:20 PM on October 23, 1978. 5 ayes Councilmember Baumgartner stated he would like to make sure that those to be legally notified do receive their notices and suggested they either be hand delivered and signed for or sent certified or registered mail. Administrator Achen reported that there are 24 property owners involved within the 350' and that if Council is going to take that approach, they should consider adding a considerable amount of money to the budgets of the projects to cover the cost. Attorney Meyers stated the City could legally use the County auditor's records and the water billings together, but that they should try to make sure that the legal owners of the property are notified.