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CApproved <br /> The applicant is requesting re-approval of the four story building to contain three levels <br /> of office and two residential units on a fourth floor located at 1820 Old Highway 8 NW <br /> (former Hubcap Warehouse site). This proposed use complies with the MX, Mixed Use <br /> District. Additionally, a Special Use Permit has been requested to allow the structure to <br /> be four stories and exceed 40' in height. The purpose of the fourth story residential <br /> component is to take advantage of the views to Rush Lake and Long Lake Regional Park. <br /> Included within the site plan are an underground parking facility, surface parking, and <br /> construction of a monument style sign at the southern end of the property. <br /> This request previously appeared before the Planning Commission and City Council in <br /> April of 2005. At that time both the Planning Commission and Council recommended <br /> approval subject to conditions. The Zoning Ordinance requires action, in the form of a <br /> building permit, on both Special Use Permits and Site Plan Reviews within six months or <br /> the approval becomes null and void unless an extension is formally requested and <br /> approved. The prior applicant, Optimum Construction, let this approval lapse therefore <br /> requiring a new review and approval by both the Planning Commission and City Council. <br /> Baker inquired where the underground parking would be located. Gundlach replied that <br /> the entrance is located on the western side of the building with the under ground parking <br /> structure extending under the surface lot to the north as well as under the foot print of the <br /> building. Baker added that he would like to add a condition of approval stating that the <br /> fourth floor would have to stay residential and could not be changed to an office or <br /> business use. Fernelius replied that the City could not prohibit a change of use that is <br /> allowed under the code, but a condition of approval could be added stating that if the use <br /> changes they must applied for a special use permit. The conversion would then be looked <br /> at by zoning to see if it would meet all the requirements a business use, including parking <br /> requirements. Nathaniel Shea, from Tanek Architecture, approached the Commission to <br /> thank them for reviewing the plans and was willing to answer any questions they may <br /> have. <br /> Motion by Baker, Second by Howard to CLOSE THE PUBLIC HEARING. <br /> 5 Ayes, 0 Nays,MOTION CARRIED. <br /> Motion by Schiferl, Second by Baker to WAIVE THE READING AND ADOPT THE ATTACHED <br /> RESOLUTION RECOMMENDING APPROVAL OF SP2006-005 and LP2006-001 subject to <br /> the following conditions: <br /> 1. Six (6) more parking spaces are implemented into the plan, either as surface or <br /> underground parking or a combination thereof <br /> 2. Approval and submittal of a permit by the Rice Creek Watershed District. <br />