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With the exception of the extended four lots in Block 3, the proposal is substantially the same as what the Council approved in 2002. Gene Delaune of 2828 Linden Drive, spoke to the Commissioners regarding the runoff pond and the capacity and safety issues. CLOSE THE PUBLIC HEARING. Motion by Baker, Second by Schiferl to Motion Carried. 7 Ayes, 0 Nays, RECOMMEND APPROVAL TO THE Motion by Schiferl, Second by Zisla, to COUNCIL OF FP02-002 amended Lindsey Court Plat project, subject to the conditions listed below: 1)Continued compliance with PRD02-02. 2)The applicant should re-draft the grading plan for approval by the City Engineer. 3)The applicant files the amended plat with Ramsey County and provide the City with a copy of the amended drawing. 4)The developer will provide new calculations based on additional impervious surface. Motion Carried. 7 Ayes, 0 Nays, Public Hearing: NC 04-01 – Type 4 Non-conforming Use Permit – Cuppa Chiodo’s Café 2020 Silver Lake Road – Wendy Frances & Gina Bauman Consideration of a Type 4 non-conforming use permit to redevelop the vacant Dairy Queen building at 2020 Silver Lake Road NW. The site is zoned B-3, General Business. Where Type 4 non-conformities are present and are proposed to continue resumption of use after discontinuance of use for six or more months, it shall be allowed only upon permission of the City Council. The Dairy Queen has been closed for over a year. Mr. Boylan reviewed the background information and staff report for the Commissioners. There were questions and answers between, Commissioners, Staff and Applicants. CLOSE THE PUBLIC HEARING. Motion by Baker, Second by Zisla to Motion Carried. 7 Ayes, 0 Nays, WAIVE THE READING AND ADOPT THE Motion by Zisla, Second by Schiferl to ATTACHED RESOLUTION RECOMMENDING APPROVAL OF NC 04-02 with the following conditions: 1) The applicant shall provide a new landscape plan to be reviewed and approved by the City Forester. I:\COMMISSIONS\PLANNING\Minutes\2004\03_16_04.doc