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important fact in the mediation process. According to the mediation agreement, the basement and first floor areas of the building cannot be divided into small offices that often uses more parking spaces than warehouse or manufacturing uses. Mattila said another significant fact in the mediation was that, if the City grants the variance for the four parallel parking stalls, the term of the variance would only be ten years. After ten years, the variance would be null and void and the applicant would have to restore the berm to its existing formation. The owner would have to remove the four parallel parking stalls and restore the berm. Livingston asked if other businesses in the area have parking variances. Mattila answered the situation varies along Old Highway 8. Micom is setback 40 feet from Old Highway 8 and has no parking in front of the building and has 40 feet of greenspace in front. The Dairy Queen to the south has a 3-foot landscaped strip and Townhouse Maintenance south of Dairy Queen has a 40-foot setback. Next, the Gas and Splash has zero landscaping. Therefore, the situation varies along Old Highway 8. Baker stated this is a public hearing and asked if anyone in the audience wished to speak on this issue. There was no response. PH.6A-0N.M Motion by Baker, seconded by O’Brien, TO CLOSE THE UBLIC EARING YES AYS OTION C. ARRIED Baker commented that the Planning Commission’s purpose is to deal with land use issues and this variance is not a good land use. Baker stated no unique circumstances exist and the proposal is illegal. Baker said he would vote against the variance. If the City Council wants to overrule the Planning Commission that is their prerogative. O’Brien asked Mattila who was involved in the mediation. Mattila replied that the applicant sued the City, Bel Air Builders and Bob’s Auto. Instead of a court proceeding, the parties participated in a day-long mediation. Several attorneys were involved representing the various parties. Bob’s Auto agreed to provide shared parking on their site for Mr. Kallestad. Belair Builders agreed to pave and stripe any new parking areas. City staff agreed to recommend approval of a variance for four additional parking stalls in front of the subject building along Old Highway 8. The Planning Commission and the City Council are not bound by that agreement. O’Brien asked if the four stalls were a critical part of the mediation. Mattila replied it was not a critical issue, but it was an issue that kept all four parties at the table for about five hours. O’Brien asked why the parking agreement was not recorded in 1979. Mattila said it should have been recorded with the County at the time the developer and the applicant signed the shared parking agreement. It did not come to the City’s attention again until 1992. Schmitz asked what other options are viable here. Mattila answered that in the past the applicant has approached the Dairy Queen to do a shared parking agreement. The Dairy Queen did not have enough parking on their site to allow that to happen. The applicant also approached the Micom Corporation and asked if they could lease parking spaces, but that was not an option because their employees were using the parking. The Highway 8 Corridor Study proposes that Ramsey County restore Old Highway 8 to two lanes to slow traffic to make it an arterial street versus a highway. That could create some on-street parking on Old Highway 8. O’Brien asked if the City was requiring the four parking stalls. Mattila responded that the City is not requiring the four parking spaces. The applicant is requesting the variance to construct the four parking stalls because they feel they are under-parked. The City is not requiring the stalls. Livingston asked what precedent would be set if the City granted the variance. Mattila said the subject property was somewhat unique because it has been enclosed by development. Also, the site has been placed 2 I:\COMMISSIONS\PLANNING\MINUTES\1997\08-19-97.WPD