CCP 03-11-2008 - Laserfiche WebLink

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Approved NING COMMISSION PROCEEDINGS OF NEW BRIGHTON Regular Meeting — January 15, 2008 at 7:00 p.m. Present: Commissioners Larry Baker, Bruce Howard, Tom O'Keefe, Karen Mann, Norm Schiferl, and Paul Zisla. Absent: Jim O'Brien. Also Present: Mary Burg, Council Member, Grant Fernelius, Community Development Director, and Janice Gundlach, City Planner. Agenda Review: Agenda was approved. Minutes: Minutes for November 20, 2007 were approved. Council Action: Commissioner Burg reported there were no Council action items at the January 8t° meeting. She stated she had received several questions regarding the postponement of appointing members to the Commissions. The Council members felt they did not have enough information to make an informed decision regarding the candidates that applied for the Commission openings. The Council is looking at the goals for all of the Commissions and to review if new Commissions should be formed. It was decided to add a few months to everyone's seat, have staff present a few suggestions and a decision will be made before March. 0ommission Business: Joint with the Parks, Recreation, & Environmental Commission Mike Konieczny, Bonestroo, gave a presentation regarding park -planning concepts for the Northwest Quadrant. Minutes for this meeting can be found through the Parks, Recreation and Environmental Commission. Public Hearings: SP2008-002 Special Use Permit Amendment to a Previously Approved Special Use Permit Allowing for the Car Wash Exit Door to Remain Open during the Dry Cycle at 201 County Road E2. Gundlach reported the applicant has requested approval of a Special Use Permit amendment that would allow the existing car wash at 201 County Road E2 to operate with the door open. This is considered an amendment as a Special Use Permit was approved in 1999, documented as Resolution 99-013. The existing station is allowed to operate only when the conditions of this Special Use Permit are met. City staff was initially made aware that the car wash was operating with the door open in November of 2007 when a compliant was received. Staff investigated and found that the Special Use Permit in effect for the property required that the door remain closed. The applicant was then made aware of the Special Use Permit and ordered to comply. Staff also determined that when the station was sold in 2006, a zoning letter was drafted clearly stating that the use was a Special Use. Attached to the zoning letter was a copy of the Special Use Permit. This letter was drafted to the title company but also copied to the gas station's attorney. Since the initial correspondence the applicant has submitted various items to support the removal of exit door condition. Bob Foster, attorney from Foster and Brever, and Dave Kroona, owner of the Wash N Fill, approached the commission. Foster gave a background of the purchase of the facility and acknowledged that they did not ow about the Special Use Permit. He added that plumbing and electrical permits were applied for; however they did not have to apply for the car wash renovation, since they were replacing existing equipment. Foster acknowledges that there is a noise problem and they have been trying to come up with a solution. They hired Page 1 of 6