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City Council Regular Meeting Minutes January 23, 2007 Page 4 fuzzy on what could be required in apartment units. She reported the condo or townhome association decides who could provide the service. B. Resolution 07 -020; Conditional Use Permit to allow B'Yond Automotive to be located in the Kenzie Commercial District. Joel Stromgren, Planning Commission, presenting. 7 Planning Commission Chair Stromgren reported on the Conditional Use Permit (CUP) for 8 B'Yond Automotive presented to the Planning Commission on January 16, 2007. He stated the 9 owner of B'Yond Automotive would like to locate his business at 2520 Kenzie Terrace. He 10 mentioned that because modifications, parts exchanges, and repairs done to vehicles constitute an 11 auto repair shop designation, a CUP is required. He stated the 60 -day expiration date is February 12 13,2007. 13 14 Chair Stromgren reported the Planning Commission recommended, if approve, the CUP include 15 the following conditions to protect the residential nature of the neighborhood adjacent to the 16 proposed site of B'Yond Automotive. Chair Stromgren stated the applicant agreed to the 17 conditions as outlined by the Planning Commission that include: 18 19 a. The hours of operation would be limited to Monday through Friday from 9:00 a.m. to 20 5:00 p.m., Saturday 9:00 a.m. to 1:00 p.m. and closed on Sunday. 21 22 b. No outside storage of vehicles, product, or equipment. 23 24 c. To mitigate and control the level of noise so as to not disrupt activities of the 25 neighborhood, all work is to be done in the repair bay, which is proposed to be located 26 inside the building. 27 28 d. The use of solvents, paints, lacquers, or strong odor producing processes could be 29 considered a violation of an approved Conditional Use Permit and would be cause for the 30 City to initiate procedures to revoke the approved CUP. 31 32 Councilmember Stille asked Chair Stromgren to speak about the noise issue. 33 34 Chair Stromgren replied the noise issue was discussed by the Planning Commission. He 35 reported Mr. Hamann indicated the automotive activities would be completed in the bay area 36 located in the back of the building. 37 38 Councilmember Stille asked if the repair area doors would be shut as stereo systems could be 39 loud and vibrate. He indicated that in order to move forward with this CUP, the doors be 40 required to be closed during testing. 41 42 Chair Stromgren stated the City noise ordinance would be enforced. 43 44 Mayor Faust asked Mr. Hamann where he is moving his business from. 45 46 Mr. Hamann replied he is moving from 560 Randolph in St. Paul.