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Approved James Johnson, 575 9th Avenue NW, inquired if the building would be strictly a garage or a service station. Jacobson replied that it would strictly be auto repair; there would be no gas pumps. Johnson asked what the business hours would be and who would be responsible for snow removal. Jacobson answered that the hours would be up to the future tenant, but they would comply with the City's guidelines and the tenant would be responsible for snow removal. Johnson asked who would regulate where the snow was placed; there is very little room for snow storage. Jacobson replied that the lot is rather large and there is room in green space for snow storage. Johnson stated to the commission that he is concerned with making sure the neighborhood remains quiet, that snow storage is accurately dealt with and that litter doesn't become a problem. Motion by O'Brien, Second by Schiferl to CLOSE THE PUBLIC HEARING. 6 Ayes, 0 Nays,MOTION CARRIED. Gundlach reported that the City received one telephone call and one letter regarding this application. The letter is attached to these minutes. Gundlach replied that the telephone call was from a citizen who was concerned that the use was changing and after reinsuring the caller the use would be the same, she was comfortable with that. O'Keefe inquired what the Commissions response should be regarding the letter that was received. Gundlach replied that she had a discussion with the citizen at City Hall and his concern was mostly about the vehicle repair outside of the building, and vehicle storage. She did not know of any ordinances that would restrict the parking of vehicles outside on his lot over night and that to her knowledge no repairs would be conducted out side. Zisla asked if the code states if repairs are not allowed to be conducted out side. Gundlach added that the zoning code is not clear on that subject. O'Keefe inquired if the City would be intending to write to the citizen to address his concerns. Gundlach replied that she would write a letter if the Commission requested her to, and she was going to follow up with the citizen after the meeting. O'Keefe replied that he would recommend that a letter be written to address the concerns keeping in mind the City ordinances. Gundlach stated that after referencing the B-3 zoning, she can not find any references to storage of vehicles out side over night are permitted; there are no outside storage previsions in the B-3 section either nor a reference for vehicle repair outside. She added that the ordinance states that automotive repair is permitted with the exception for body shops through a special use permit. Zisla asked that with a special use permit if the Commission could put conditions onto the application to make it compatible. Gundlach replied that was correct. Jacobson replied that the letter writer has some valid concerns, one of which was the semi-trailer that was parked outside, which they did not know about. He added that after the previous tenant retired they have painted the building, inside and out, and added a new garage door. He does not believe that repairing cars outside will be an issue, however,parking of vehicles overnight outside would occur because it will be an auto repair shop. He addressed the concern of the letter writer regarding the storage of garbage receptacles in the front or side set backs, and stated that most likely the bin would be on the south side of the building, since there is no back yard, and he does not C:\Documents and Settings\jgoepe\Local Settings\Temporary Internet Files\OLK28\02-21-06 minutes.doc