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Mounds View Planning Commission February 15, 2006 Regular Meeting Page 5 ______________________________________________________________________________ Dr. Greg Belting, applicant, stated he is now the owner of the property and felt the original easements intended in November of 2000 would hold true. However, since that time, there was a change in owners of the Walgreens property. He clarified that the local Walgreens management has not been disagreeable so it is not a local management issue. It is a Walgreens, Inc. issue. Dr. Belting advised that they are ready to go with the 8,300 square foot building that has already been approved by the Rice Creek Watershed District. He explained he is a chiropractor and there will be one additional doctor plus two other employees. So, if they are very busy, they may use nine parking stalls. Dr. Belting stated they think that 43 stalls will be ample parking. Commissioner Hegland asked whether there will be other tenants. Dr. Belting explained the extra space will be sold, not rented, but they have not yet found other tenants. He informed the Commission that strictly retail is prohibited on the property so the other tenants may be a title company, realtor, attorney, accountant, or dentist type of uses. It will not be a fast food use. Commissioner Hegland asked how much space the applicant will use. Dr. Belting advised they will use one-third of the space. Tom Belting, applicant, thanked the Planning Commission for their consideration. He stated they saw the cross easement documentation that was executed in 2000. They have talked to the local Walgreens manager who has indicated they have no problem with overflow parking in their lot. Tom Belting explained that they also need to amend the Walgreens agreement on square footage. Vice Chair Miller stated she does not know how there could be enough parking for a restaurant on this site. Dr. Belting explained it was the intention for a restaurant with cross parking easements but a restaurant didn’t go in and then the owners of the property changed as well. Commissioner Zwirn noted staff had stated that the Walgreens PUD contained a stipulation saying they would comply with cross usage. He asked how they can negate that even if there was a change in ownership. Director Ericson explained that they did execute a reciprocal easement agreement, however, there is nothing in the executed agreement to allow for shared cross access parking. Director Ericson stated staff has talked with the Beltings about this and questioned whether it is worth the time to try to rectify that issue at this point. He stated he cannot say how that was allowed or whether it was conducted without the City’s knowledge. The City received notification that the document was executed and recorded, but it was not until the Beltings reviewed it that it was found the documentation did not include the parking. It was the City’s understanding that would be part of the documentation. Commissioner Zwirn stated he understands this is the easiest route to take and asked whether it should have been caught by the attorney. Director Ericson stated it probably should have. Vice Chair Miller asked how many businesses could be accommodated. Dr. Belting explained that the building is set up to have a total of three or four additional tenants. If someone buys the