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Page 3 Motion by Councilman Sauer, seconded by Councilman IIaik to table action on the Poppin Fresh sign. Motion carried unanimously. Mr. Richard Ernst, 2841 Johnson St. N.E. again presented his re- quest for a change in zoning which would allow him to construct the two story building designed for professional offices and retail shops on the land between the G & G Body Shop and the Legion Club on Kenzie Terrace. He said he had delayed his request for the new zoning ordinance but was unable to wait any longer since he wanted to construct the building this summer. Minutes for the public hearing on the proposal conducted by the Planning Board on January 20, 1976 were considered in the discussion. Mr. Ernst presented the site plans including the parking and land- scaping for the 8,000 sq. ft. building which he said would be 80 feet long and 50 feet wide. He said he had two dentists for the upper floor offices and a chiropractor and interior decorating firm who were interested in space in the ground level. He told the Council that although he had a tenant in another of his develop:P ments who had expressed an interest in relocating his barbecue take out service in this building he felt he could easily fill the building with tenants who would be more acceptable to the Council and the neighboring residents. However, the contractor said the proposal would require a change in zoning from the existing P.-1 (residential) to C-2 under the new zoning ordinance to allow the retail shops he anticipated as tenants for the lower level. Marinus W. Van Putten, Jr, 4040 IDS Center, who said he represent- ed the fee owners of the property, St. Anthony, Minneapolis, Inc., cited the commercial complexion of the area and said he felt the residential zoning for a portion of the parcel had been a mistake. He said his clients would be willing to put a private restriction on the title which would insure that the property could not be used for a restaurant or a gas station which had been mentioned as an allowable usage under the com.ercial zoning. Noting the attractiveness of the proposal as presented, especially its conformance to the requirements of the new zoning ordinance for landscaping, parking and setbacks and considering the proposal a desirable buffer between the shopping center and the residential area to the west, the Council made the following motion - Motion by Councilman Sauer, seconded by Councilman Sundland to approve the change in zoning for Plat 63507, Parcel 7620 from R-1 to Commercial to permit the construction of the two story building presented by Richard Ernst representing Bryant Investment, subject to a restrictive covenant prohibiting use of the property for a restaurant or carry out food service. Motion carried unanimously. vir. Ernst then said the security fencing suggested by Mr. Dulgar would probably be advisable especially since it would also allevi- ate the concerns expressed by the residents who lived nearby.