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CM?TO REQUEST FOR COUNCIL CONSIDERATION Agenda Section (_, 1 I c p'YYV STAFF REPORT Report Number: I I 0 h(i p ,tiiM Report Date: 11/22/96 I CITY COUNCIL MEETING DATE . `?; November 25, 1996 — p Special Order of Bus. °"$:.Partrc6iNls Consent Agenda X Public Hearings Council Business Item Description: Public Hearing and Consideration of Resolution No. 5047 approving a conditional use permit to allow outdoor sales of Christmas trees at Mounds View Square, 2535 Highway 1'0; Planning Case No. 467-96 Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Warren Schorer,of Land Patterns Landscaping is requesting approval of a conditional use permit for outdoor sale of Christmas trees in the parking area by Bridgeman's Restaurant at Mounds View Square Shopping Center,beginning November 29(see attached diagram). Bridgeman's Restaurant is vacant at this time. The area for the tree lot is approximately 8 parking stalls or 1600 square feet. The remainder of this part of the parking lot has 52 spaces,which staff feels is sufficient to serve the customers of the tree lot. The applicant is proposing to have string lighting around the perimeter of the lot and one 4 foot x 8 foot sign located as is shown on the diagram. The lighting would be 10 feet off the ground and use 100 watt light bulbs. He has permission from the property owner for operating the tree lot. He has also provided a certificate of insurance for an aggregate amount of$1,000,000. e B-4 Regional Business District allows for open or outdoor service,sale and rental as an accessory use with approval of a conditional use permit. The criteria for approval are stated in Section 1115.04 Subd. 2 of the Zoning Code. Current staff assumed that this request needed to go through the same process as was used for the Menyville Farm Market and Linder's Greenhouse. When the request came before Planning Commission,however,they indicated that they had not seen conditional use permits required for Christmas tree lots in the past. So it appears that the tradition has been to only require peddlers licenses. Staff would suggest for the future that the ordinance be amended to provide an exemption for Christmas tree lots from the requirement for a conditional use permit. Since the request for this conditional use permit was submitted,and can be acted upon before the applicant wishes to begin sales,we are presenting it to City Council. The Planning Commission suggested that for this season,we impose the same requirements on other tree lots as are noted in this permit,but only require them to get a peddlers license. (It would be impossible given the time for review and action on CUPs to bring other tree lots to City Council for approval by Thanksgiving.) Absent other direction,we will proceed as they suggested and also prepare revised regulations or a policy to address this situation. The criteria for approval of conditional use permits for outdoor service, sale and rental of merchandise are stated in Resolution No. 5047,along with suggested fmdings on how the criteria have been met. Atil l,�/L vLh-WitA --- . Pamela Sheldon,Community Development Director III RECOMMENDATION: The Planning Commission, on a vote of 7 ayes and 0 nays, and the staff recommend approval of this conditional use permit. A copy of Planning Commission Resolution No. 487-96 is attached.