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t Planning Commission Regular Meeting Minutes July 15, 1997 Page 2 1 VI. PUBLIC HEARINGS. 2 1. 97-05, John Trautz, Freedom Gas Station, Lot 4 Apache Plaza - Conditional Use 3 Permit and Rear Yard Setback Variance Request. 4 Chair Bergstrom opened the public hearing at 7:12 P.M. 5 Ms. Moore-Sykes reported Mr. John Trautz, representing Reliance Development Company, 6 has submitted two applications, one for a conditional use permit and one for a 12 foot rear 7 yard setback variance, to the City for a proposed gas station and car wash on Lot 4, Block 1, 8 Apache Plaza. This location is between the Tires Plus building and the new Video Update 9 building and is part of the redevelopment plan for the Apache Plaza Shopping Center. 10 Minnesota Statutes and City Ordinances require that certain conditions be satisfied before a 11 conditional use permit may be granted. The first condition stipulates that the proposed use is 12 one which is specifically listed for the zoning district where the use will be located. The 13 proposed gas station and car wash are permitted uses for this Commercial District according 14 to the City's Zoning Code, Section 1635.05, Permitted Conditional Uses, (f) car washes and 15 (g) gasoline stations. 16 The next condition required in order to obtain a permit is that the proposed use will not be 17 detrimental to the health, safety, or general welfare of the persons residing or working in the 18 vicinity. Mr. Trautz stated in a written response that the operator runs over 55 stores in four 19 states and that it is a "high quality" operation. The building will be constructed to provide a 20 state-of-the-art fuel handling facility. 21 Finally, the last requirement that needs to be satisfied is for the proposed use to be considered 22 necessary or desirable at the above location to provide a service or a facility which is in the 23 interest of public convenience and will contribute to the general welfare of the neighborhood 24 community. Mr. Trautz states that the proposed development is designed to be convenient 25 and easy to use by the general public. The proximity of the proposed gas station/convenience 26 store/car wash to the current and proposed retail businesses makes it very accessible and 27 convenient to the Apache Plaza patrons and traffic on Silver Lake Road. 28 Other conditions that the Planning Commission and City Council may consider would be with 29 regard to lighting, landscaping, business hours, and signage. 30 Ms. Moore-Sykes noted the request for the 12 foot rear yard setback variance which was 31 initially requested by Mr. Trautz was determined not to be necessary by Staff and City 32 Attorney due to a change in the City's Ordinance 1635.05 with the addition of a new 33 Subdivision 8, and amending Section 1400.04, Subdivision 27, as adopted on February 25, 34 1997 and published on March 5, 1997. 35 Subdivision 8 states, "The minimum yards set forth in this Section 1635.05 will not apply to 36 any lot line of a lot in a shopping center if(I) the lot line adjoins either another lot within the 37 shopping center or a driveway or parking area within the shopping center, and (ii) the Council 38 has approved a site plan for a building to be constructed on the lot with a different setback