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Approved The applicant is requesting re-approval of the four story building to contain three levels of office and two residential units on a fourth floor located at 1820 Old Highway 8 NW (former Hubcap Warehouse site). This proposed use complies with the MX, Mixed Use District. Additionally, a Special Use Permit has been requested to allow the structure to be four stories and exceed 40’ in height. The purpose of the fourth story residential component is to take advantage of the views to Rush Lake and Long Lake Regional Park. Included within the site plan are an underground parking facility, surface parking, and construction of a monument style sign at the southern end of the property. This request previously appeared before the Planning Commission and City Council in April of 2005. At that time both the Planning Commission and Council recommended approval subject to conditions. The Zoning Ordinance requires action, in the form of a building permit, on both Special Use Permits and Site Plan Reviews within six months or the approval becomes null and void unless an extension is formally requested and approved. The prior applicant, Optimum Construction, let this approval lapse therefore requiring a new review and approval by both the Planning Commission and City Council. Baker inquired where the underground parking would be located. Gundlach replied that the entrance is located on the western side of the building with the under ground parking structure extending under the surface lot to the north as well as under the foot print of the building. Baker added that he would like to add a condition of approval stating that the fourth floor would have to stay residential and could not be changed to an office or business use. Fernelius replied that the City could not prohibit a change of use that is allowed under the code, but a condition of approval could be added stating that if the use changes they must applied for a special use permit. The conversion would then be looked at by zoning to see if it would meet all the requirements a business use, including parking requirements. Nathaniel Shea, from Tanek Architecture, approached the Commission to thank them for reviewing the plans and was willing to answer any questions they may have. CLOSE THE PUBLIC HEARING. Motion by Baker, Second by Howard to MOTION CARRIED. 5 Ayes, 0 Nays, to Motion by Schiferl, Second by Baker WAIVE THE READING AND ADOPT THE ATTACHED SP2006-005 and LP2006-001 subject to RESOLUTIONRECOMMENDING APPROVAL OF the following conditions: 1.Six (6) more parking spaces are implemented into the plan, either as surface or underground parking or a combination thereof. 2.Approval and submittal of a permit by the Rice Creek Watershed District. I:\COMMISSIONS\PLANNING\Minutes\2006\03-21-06 minutes.doc