Agenda Packets - 2013/09/23 - Laserfiche WebLink

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Tires N' More CUP Review September 23, 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. 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. A few months ago Mr. Soussi hired a lawyer to help him work with the CVS property owner and their attorney. Recommendation: The Council should take action to extend the deadline for the parking lot completion, or if Council feels a stronger action is appropriate, Staff has included a resolution that would suspend the Conditional Use Permit until the parking lot is completed. By suspending the CUP, the business would have to close until the parking lot is installed, because they would not have active approval to operate a tire and auto repair business. Since the CUP resolution states that the parking lot must be installed by September 1, 2013, Staff brought this discussion to the City Council on August 26, 2013. Because Mr. Soussi was out of the country at that time, the Council decided to postpone taking action until Mr. Soussi was able to attend the meeting. Mr. Soussi has been notified of the September 23, 2013 meeting date and the Council's wish to discuss the situation with him. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Aerial View of Tires N' More & CVS Pharmacy properties 2. Resolution 8144 — Suspending the CUP