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Linder's CUP Reyuest <br />Planning Case No. 548-99 <br />March 1'i, 1999 <br />Page 3 <br />agreed that it would prefer to either change the code to allow such uses as permitted within that <br />zoning district or allow the CUP to remain in effect indefinitely. With assi�tance from the City <br />Attorney, Siafl'�r presented a draft ordinance to the Planning Commission on February 3, I999. As <br />originaily drafted, the amendment would have permitted outdoor produce sales and outdoor lawn <br />and garden saies as an accessory use within a B-3, B-4 or I-1 zoning disirict. After mueh <br />discussion, this approach was deemed discriminatory to other types of outdoor sales operaiions. <br />The alternative proposed was to draft the CUP resolution in such a way as to allow for perennial <br />non-permanent businesses--such as Linder's--to operate under the control of a non-expiring CUP. <br />Staff had verified with the City Attorney that this can be done. Staff also checked Minnesota <br />Statutes regarding the duration of CUPs, which states in Section 462.3595, Su6d. 3 tha.t "A <br />conditional use permit shail remain in effecC as long as the conditions agreed upon are observed." <br />The resolution before the Planning Commission is an example of such an instrument. <br />�tecommendat�oa�: <br />Given the pasitive history of the Linder's operation at Moundsview Square shopping center and the <br />fact that this business fulfills a community need with no discernable negative impacts, staff <br />recommends tha� the Planning Commission adopt Resotution 573�99, a resolution recommending <br />to the City Council approval of the conditionai use perrrut for Linder's Greenhauses with <br />stiputatians as to siarting and endimg daies, hours of operation, lightin� and signage. <br />•�l�r�-�ll �,���''(. <br />Jarnes Ericson, Planrzing Associate <br />N:IBATAIGROLIPS\COMDEV�DE VCASES\548-991LtNDERS.PC <br />