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Item No: 5A Meeting Date: April 15, 2009 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Ken Roberts, Community Development Director Item Title/Subject: Consideration of a Conditional Use Permit and a Variance for Outside Seasonal Sales in the Parking Lot at Robert's Sports Bar (2400 County Road H2; Planning Case No. CU2009-001 Introduction: The applicant, Kevin Halverson with Robert's Sports Bar, is requesting city approval of a conditional use permit and a variance to have outside seasonal sales in the parking lot of Robert's. He is proposing to have flea markets, farmers markets and auctions in the parking lot of Robert's at 2400 County Road H2 from about April 2 — September 30 each year. Background: On April 1, 2009, the planning commission discussed the proposed conditional use permit for Robert's to have seasonal outside sales and auctions on the property. During the meeting, the commission asked the applicant and staff several questions about the request. Mr. Halverson also indicated during the meeting that he would need a variance to have more outside sales area than the City Code usually allows. After much review and discussion, the planning commission tabled action on the requests and asked for more information about the proposal at the next meeting. The commission wanted more information from Mr. Halverson about on-site security, traffic control, noise control and the mix of parking for the customers, employees and for vendors. They also wanted to ensure that the operator gives local vendors and sellers the first opportunity to use the site before others from outside the area. City Code Requirements: Section 1114.04 (Conditional Uses in the B-3 zoning district) Subd. 5: Open or outdoor service, sales and rental as an principal or accessory use (including sales in or from motorized vehicles, trailers or wagons) for a period of greater than 10 days; (provided that): a. Outside services, sales and equipment rental connected with the principal use is limited to 30 percent of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring identical uses or an abutting R district in compliance with Sections 1103.08 (1) through (5) (Fencing and Screening) of this Code. e. The open or outdoor service, sale or rental use does not take up parking space as required by the City Code.