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} <br /> Linder's CUP Request <br /> Planning Case No. 548-99 <br /> March 17, 1999 <br /> Page 3 <br /> agreed that it would prefer to either change the code to allow such uses as permitted within that <br /> zoning district or allow the CUP to remain in effect indefinitely. With assistance from the City <br /> Attorney, Staff presented a draft ordinance to the Planning Commission on February 3, 1999. As <br /> originally drafted, the amendment would have permitted outdoor produce sales and outdoor lawn <br /> and garden sales as an accessory use within a B-3, B-4 or I-1 zoning district. After much <br /> discussion, this approach was deemed discriminatory to other types of outdoor sales operations. <br /> The alternative proposed was to draft the CUP resolution in such a way as to allow for perennial <br /> non-permanent businesses--such as Linder's--to operate under the control of a non-expiring CUP. <br /> Staff had verified with the City Attorney that this can be done. Staff also checked Minnesota <br /> Statutes regarding the duration of CUPs, which states in Section 462.3595, Subd. 3 that"A <br /> conditional use permit shall remain in effect as long as the conditions agreed upon are observed.". <br /> The resolution before the Planning Commission is an example of such an instrument. <br /> Recommendation: <br /> Given the positive history of the Linder's operation at Moundsview Square shopping center and the <br /> fact that this business fulfills a community need with no discernable negative impacts, staff <br /> recommends that the Planning Commission adopt Resolution 573-99, a resolution recommending <br /> to the City Council approval of the conditional use permit for Linder's Greenhouses with <br /> • stipulations as to starting and ending dates, hours of operation, lighting and signage. <br /> 46-144-66. .u.6o <br /> James Ericson, Planning Associate <br /> N:\DATA\GROUPS\COMDEV\DEVCASES\548-99\LINDERS.PC <br /> • <br />