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City of Mounds View Staff Re Item No. Staff Report No. Meeting Date: July 12, 1999 Type of Business: PH & CB WK: Work Session; PH: Public Hearing; CA: ConsentAgenda; CB: Council Business rt To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Introduction (First Reading) and Public Hearing Regarding Proposed Ordinance 632, an Ordinance Amending Chapter 1113 of the Zoning Code Pertaining to Permitted Uses within the B-2, Limited Business Zoning District; Special Planning Case No. SP -072-99 Date of Report: July 8, 1999 Background: Staff has issued a building permit to Kraus Anderson to do interior remodeling work within Silver View Plaza, located at 2540 Highway 10, for a private educational facility --Calvin Academy. The subject property is zoned B-2, Limited Business, which does not specifically permit such a use. Discussion: One of the problems with our Zoning Code is its rigidity. Each district has a specific set of uses, sometimes referred to as the "laundry list" of uses, yet it is impossible to include every possible appropriate use, so there is often the need to make interpretations. According to Section 1113.01 of the Code, "The purpose of the B-2, Limited Business District is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this District are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts." A small-scale educational facility such as that proposed seems to meet with the purpose and intent of the Code, which was the basis for staff's interpretation. To eliminate any subsequent questions regarding this type of use, staff proposes that it be added to the list of permitted uses within the B-2 district. If no action is taken, Calvin Academy would operate and function by virtue of an administrative Code interpretation rather than by an explicit reference in the Code. Previous Action: This item was before the City Council on July 6, 1999 and the Planning Commission on July 7, who has recommended in the attached resolution that this ordinance be adopted.