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Planning Commission Regular Meeting Minutes August 16, 1994 Page 5 1 Commissioner Makowske asked City Manager Morrison, if with a 13-foot variance,there 2 %vould be enough accessibility on the east side if there Nvere a fire. City A4anager 3 Morrison said there would be. 4 Motion by Commissioner Faust, second by Commissioner Bergstrom to recommend 5 Council approval of the conditional use permit requested by C.M. Group, Inc. for the 6 operation of a convenience store with a fuel area at 2400 - 37th Avenue NE%,-ith the 7 follo%%ing conditions: 8 1. Structure must meeting existing building requirements. 9 2. Ground cleaning, including fuel spills be removed, and tank removal as required 10 by PCA. 11 3. The trash dumpster to be located on the south end will be enclosed in material 12 similar to that used for the main structure. 13 4. The sign not exceed current requirements and no variances granted regarding 14 signage. 15 5. Landscaping to include a fence to be installed on the south and east sides of the 16 property to shield residential areas,and trees and shrubs to be planted according to 17 recommendations of City Staff. 18 6. Hours will be limited from 5:30 a.m. to 11:00 p.m. 19 A lengthy debate was held regarding the hours of operation. Commissioner Horst 20 favored a midnight closing since it would allow the owner to remain more competitive 21 with other businesses. Commissioner Faust favored an 11:00 p.m. close due to the close 22 proximity of residences. Commissioner Berg agreed and noted that variances closer to 23 residential property were also under consideration. Commissioner Franzese spoke in 24 support of a midnight closing,noting the business will closer earlier if there is not 25 business,but she does not want to restrict them. This discussion concluded in a majority 26 of the Commissioners favoring an 11:00 p.m. close. 27 Motion carried unanimously. 28 Chair Gondorchin urged the petitioner to attend the City Council meeting on August 23, 1994, 29 for the final commitment of their conditional use permit.