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Tires N' More CUP Review August 26, 2013 Page 2 The Tires N' More property does not have its own access to County Road 10 and must share driveways with the two adjoining properties. There are driveway and parking easements in place with both the Simon's building at 2840 County Road 10 and the CVS Pharmacy property at 2800 County Road 10. The Tires N' More business will primarily use the CVS County Road 10 driveway for access. Because of the shared driveways, the size of the property and the building placement on the lot, variances for zero and reduced setbacks will be needed for the parking lot before construction can begin. Naoufel Soussi, the business owner of the Tires N' More store in Mounds View, applied for variances for the parking lot in August 2012. Mr. Soussi submitted a plan for the entire parking lot, including the connection to the adjacent CVS parking lot for their driveway access, but the property owners of the CVS parcel would not agree to the plan (CVS leases the property, an out- of-state investment company is the property owner). The CVS property owners do not want there to be any bigger of an opening between the parcels than is stated in the easement agreement, but CVS needs part of Tires N' More property for access around their pharmacy drive-through. Mr. Soussi does not feel it's fair to cut off part of his property because they won't agree to a larger driveway opening. Because of this disagreement, the variance did not move forward and Mr. Soussi withdrew his application in November 2012 due to the 120 -day limit for cities to act on planning applications. Mr. Soussi has recently hired a lawyer to help him work with the CVS property owner and their attorney. Recommendation: Since the CUP resolution states that the parking lot must be installed by September 1, 2013 and that is not going to happen, the Council should discuss the situation and consider giving Mr. Soussi an extension to install the parking lot. He is currently out of the county and does not expect to be returning until the first week of September. Staff is bringing this to the Council on August 26, 2013 because of the September 1St deadline, butthe Council maywantto continue the discussion until at least the September gt" City Council meeting so that Mr. Soussi can attend. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Aerial View of Tires N' More & CVS Pharmacy properties 2. Resolution 8144 — Suspending the CUP 3. Resolution 8145 - Extending the CUP deadline for parking lot completion