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Approved aisles or salvaged vehicles will be stored on the property for extended periods of time. Additionally it is difficult to enforce conditions that would require staff to go to the site on a regular basis and count how many cars are for sale and for repair and then determine how long they have been on the property. Zisla replied that enforcement has always been an issue when conditions are placed upon a special use permit. Gundlach agreed and added that the conditions would run with the property. Baker stated that if the applicant could work with the staff proposed Site Plan B, then he would be able to approve the Special Permit for automotive sales, with conditions. O'Keefe stated that he now understands that this is a less traditional business. Zaytsev replied that there should be very few people on the lot. After he fixes the vehicles he either sells them over the interne or tows them to a lot in White Bear Lake. He added that if a customer needs a repair it would be by appointment only. Motion by O'Brien, Second by Mann to CLOSE THE PUBLIC HEARING. 5 Ayes, 0 Nays,MOTION CARRIED. Gundlach stated that if the Commission would like to approve the Staff prepared Site Plan B with automotive sales, she would have to redo the Resolution. There would then be no need for the variance approvals and she would have to make the necessary changes to the conditions to allow for five stalls for auto sales. Baker inquired if those stalls are required to be dedicated. Gundlach replied that it was her understanding that the State-issued dealers license requires the 5 stalls. Baker inquired if he would be able to store another vehicle in that stall if there was not a car for sale. Gundlach replied that he would be able to do that. O'Brien inquired if staff would be able to work with a motion that accepts staff Site Plan B with the necessary modifications. Gundlach replied that she would as long as the Commission agrees with the additional conditions that are in the resolution. O'Keefe acknowledges and thanked staff for going above and beyond what was required for this application. Zisla seconded O'Keefe's comment. Motion by O'Brien, Second by Zisla to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP2006-008 AND LP2006-003 WITH THE STAFF SITE PLAN B AND ANY MODIFICATIONS THAT NEED TO BE MADE TO THE VARIANCES AND PARKING AS RECOMMENDED BY THE PLANNER AND WITH THE FOLLOWING CONDITIONS: 1) The site is developed in accordance with the plan known as Staff Plan B, 2) The applicant provided an updated Site Plan, grading and utility Plan, Lighting and Landscaping Plan, Floor Plan, and Building Elevations reflective of Staff Plan B prior to issuance of a Building Permit, C:ADocuments and Settings\igoepeAI ocal Settings Temporal Internet Files\OLK28\06-20-2006(3).doe Page 4 of 15