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Planning Commission Regular Meeting Minutes October 18, 2011 Page 5 1 variance is not injurious to the neighborhood and the plight of the property owner is due to 2 circumstances unique to the property not created by the property owner. 3 4 Commissioner Chaput asked if the applicant has considered the future resale value of her 5 property and whether she is sure this is what she wants to do. He also asked if she would prefer 6 to take this opportunity to create a space that is conforming and that will be more appealing to 7 the property. He stated the applicant might want to discuss this when this matter is brought to 8 the City Council and noted that the property has a slab that is seven years old as well as an older 9 slab that could be reworked and suggested that the applicant discuss this with her contractor. 10 11 Chair Jensen called the question. 12 13 Motion carried 4-2 (Crone and Poucher opposed). 14 15 3. 2824—2828 ANTHONY LANE S. —CONDITIONAL USE PERMIT 16 17 Chair Jensen opened the public hearing at 8:05 p.m. 18 19 Assistant City Manager Moore-Sykes presented the staff report. 20 21 Mr. Tom Baker,KW Commercial, appeared before the Planning Commission and stated that 22 they have reviewed the parking requirements and determined that a maximum occupancy of 170 23 persons will meet the City Code for parking. He explained that the church uses their facilities as 24 an incubator space to build other spaces, which is why they limit the number to 170 and after it 25 reaches 170,they will start a new church in a different location. He added that they understood 26 the maximum occupancy allowed would be 175. 27 28 Chair Jensen explained that the prior submittal proposed 170 occupants, creating the need for 68 29 parking stalls and by moving up to 70 existing parking stalls, the maximum occupancy allowed 30 would be 175. He requested further information regarding typical and peak uses. 31 32 Mr. Baker stated the building will be at peak occupancy primarily on Sunday mornings and there 33 would not be a lot of other uses during the week. He explained that the building has two existing 34 tenants, one of which is affiliated with the University of Minnesota and they have indicated if the 35 sale goes through, the University will be required to move based on their charter. He added they 36 have plans to do a build-out of half of the building to be used temporarily during the term of the 37 leases and they have no intention of terminating the leases. 38 39 Chair Jensen closed the public hearing at 8:10 p.m. 40 41 Commissioner Poucher stated the only thing limiting the maximum occupancy is the applicant's 42 word that they will keep it at 175. 43 44 Assistant City Manager Moore-Sykes noted that a violation of the Conditional Use Permit would 45 exist if maximum occupancy exceeds 175. 46