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• Mounds View Planning Commission December 17, 1997 Special Meeting Page 2 4. Planning Case No. 509-97 2560 Highway 10 (Silver View Plaza) Applicant: Mahmoud Abughweili Request to have the Planning Commission, acting as the Board of Adjustments and Appeals, interpret the Zoning Code in reference to a proposed Tobacco Shop in Silver View Plaza. The applicant, Mahmoud Abughweili, was not present. Associate Ericson gave his presentation as follows: Mr. Abughweili has requested permission to open a tobacco shop in Silver View Plaza, which is zoned B-2, Limited Business District. Since "tobacco shop" is not listed as one of the permitted uses in this district, staff is seeking guidance from the Planning Commission on a code interpretation whether or not such a use should be allowed. Some of the permitted uses were listed as follows: • 1. drugstores 2. convenience style grocery stores 3. video stores 4. retail outlets serving the immediate area neighbor- hood business needs. Of the approved uses, some of the businesses are allowed to sell tobacco products. The applicant's store will sell nothing but tobacco products. Associate Ericson stated that it is staffs recommendation that the Planning Commission, acting as the Board of Adjustments and Appeals, find that a limited retail use offering to the public tobacco products shall be considered a drug store for the purpose of interpreting the Zoning Code, until such time that the Zoning Code is updated and a specific reference to tobacco shops is added. Director Jopke added that this type of use is also similar to the other permitted uses in terms of impact. Because of these similarities this use should be allowed in this Business District. Commissioner Stevenson suggested that the language referring to the request read "similar usage" and not "drug store" as had been suggested in earlier discussion. •