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. . . City Council Resolution No. 5041 November 25, 1996 Page 2 WHEREAS, the changes in square footages result from the removal of the Hardee's and Bridgeman's Restaurants (4,800 sq.ft. in dining and 2,700 sq,ft. in kitchen) and the addition of two larger dinner house style restaurants, and the addition of 4,000 square feet of retail space and 1,000 square feet of storage space in the main retail building; and, WHEREAS, the Mounds View Zoning Code allows for a conditional use permit to be granted for joint use of parking where there are offsetting daytime and nighttime uses; and, WHEREAS, the Mounds View City Council has reviewed the following materials submitted by the applicant as part of this conditional use permit request: I, planning application 2, zonmg map 3, site plan showing square footages at Mounds View Square 4. letter from Paster Enterprises dated October 3, 1996 WHEREAS, the Mounds View City Council does hereby make the following findings of fact regarding the requirements for granting of a conditional use permit for joint use of parking as set forth in Section 1121.15 Subd. l,b.(6) of the Mounds View Zoning Code: (a) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities and not separated by a public way. All of the uses proposed as part of this joint parking arrangement are also part of a coordinated shopping center. Because of the distribution of retail space and the parking, it is feasible for customers to find parking within 300 feet of their destination, A condition has been included in this recommendation of approval that would require employees to park in spaces behind the main retail building, to assure that the maximum parking is available for customers. (b) The applicant shall show that there is not substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed, The Zoning Code acknowledges that restaurants are primarily nighttime uses, and retail businesses are primarily daytime uses. It should also be noted that, because of its size and the variety of tenants, customers at Mounds View Square would be expected to combine trips and use several different businesses. An allowance for some overlap in parking requirements is logical in a shopping center of this size, (c) A properly drawn legal instrument, executed by the parties concerned for joint use of off- street parking facilities, duly approved as to form and manner of execution by the City