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