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March 26, 2024 <br />Page 2 <br />PROJECT DESCRIPTION <br />The Applicants are seeking approval of a Conditional Use Permit to erect and operate a <br />temporary garden center as a commercial use on the property at the above address (the St. <br />Anthony Shopping Center). The garden center would be set up and placed in the parking lot of <br />the center along the outer boundary of the property nearest the frontage road for Highway 88. <br />Temporary structures such as this are specifically allowed as Conditional Uses, with a series of <br />conditions that relate to the site conditions and requirements for the facility, including <br />duration, signage, and other operational elements. <br />STAFF ANALYSIS <br />Temporary structures are regulated by the Zoning Ordinance in Section 152.190 (F). That <br />section provides as follows: <br />(F) Accessory Seasonal Outdoor Sales, within a Commercial or PUD district, is allowed <br />per the following requirements: <br />1) The Seasonal Outdoor Sales is an accessory aspect of the principal business <br />on the property. <br />2) Issuance of a Conditional Use Permit (CUP). For recurring seasonal sales, the <br />CUP shall be valid for each year the sales area is reestablished under an <br />Administrative permit issued by the Zoning Administrator. A lapse of more than <br />one year, or a change to the configuration or size of the proposed sales area, <br />shall require an amendment to the Conditional Use Permit. <br />3) Shall be allowed for no longer than one hundred eighty (180) consecutive <br />days each calendar year. <br />4) The outdoor sales area shall be located within the parking lot in a location so <br />as not to disrupt the safety and flow of customer traffic. <br />5) The outdoor sales area shall not eliminate parking spaces to an amount that is <br />detrimental to primary use or function of the site. <br />6) The outdoor sales area shall not obstruct existing pedestrian access on the <br />site, whether from parking areas to the building entrance or from the public <br />street to the building entrance. <br />7). Accessory structures in conjunction with the seasonal sales shall meet all <br />applicable fire codes and parking lot setback requirements. Enclosed structures <br />200 square feet or more in size and/or open-sided canopies 400 square feet or <br />more require a review and inspection by the Fire Marshal. <br />22