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r Planning Commission Regular Meeting Minutes August 17, 2010 Page 4 1 whether it will be necessary for the Fire Department to be able to circulate entirely around the 2 building. He inquired whether a driveway entirely on the south side with some grade separation 3 and landscaping would provide what the applicant is looking for, with the green space possibly 4 consolidated totally on the north end. He noted that some of this will be resolved depending on 5 how the circulation is determined with the property to the northeast. He stated he does not see a 6 major issue with the land use. However, it should be determined whether a minor 7 comprehensive plan amendment will be required for the residential use. If it is a light industrial 8 use a comprehensive plan amendment would need to run concurrently. 9 10 Mr. Nordenstrom stated the parking situation and whether some type of easement would be 1 I necessary will be looked into. He explained when they had looked at flipping the building it had 12 been determined that the courtyard would be better located to the north with a better view. 13 14 Chair Jensen clarified with the applicant that there is likely to be landscaping on the south side of 15 the building with some unresolved parking on that side, and that the goal is to move the driveway 16 north a distance. He noted the line for the lot split was done arbitrarily and verified with Mr. 17 Nordenstrom that the line may move based on the needs of the users. 18 19 Mr. Nordenstrom explained that there will be a homeowners association, and that the property 20 will be managed by a professional management company. 21 22 Chair Jensen verified with Mr. Nordenstrom that the convenience store will be located where it 23 works best, somewhere along the west to south side of the building. 24 25 Commissioner Poucher asked if the commercial space on the first floor will be purchased by the 26 store owner or owned by the homeowners association. Mr. Nordenstrom replied that is not 27 known at this time, but that it would likely be managed by the property management company. 28 29 Chair Jensen noted there is a strong likelihood that the land use question will not be a large 30 problem. There are procedural issues to resolve with the guide plan and rezoning. There will 31 likely be comments at the public hearing as it relates to the civil plan, along with the floor plans. 32 He encouraged the applicant to work with the property lines and provide further information as it 33 relates to surrounding uses, and to determine whether the Fire Department will need to be able to 34 circulate the building. He verified with the applicant that the setback requirement to the north 35 has been met. 36 37 IX. OTHER BUSINESS. 38 39 None. 40 41 X. REPORTS FROM STAFF 42 43 X.I. MINNESOTA SUPREME COURT RULING REGARDING VARIANCES 44 45 Assistant City Manager Moore-Sykes provided an overview of the staff report included in the 46 Commission's packet on a recent Minnesota Supreme Court decision regarding variances. She