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City Council Minutes Page 4 <br />September 18, 2017 <br />----------------------------- <br />7.3 Conditional Use Permit and Easement Vacation: Gas Station Canopy <br />Expansion, Swan Companies (Coborn's) <br />Ms. Simon presented the staff report. <br />Mayor Dietz opened the public hearing <br />Marianne Benson, 19383 Dodge Street NW - expressed concern about two gas <br />stations being located close to each other. <br />There being no one else to speak to this issue, Mayor Dietz closed the public <br />hearing. <br />Councilmember Westgaard explained it may not be ideal to have gas stations close <br />together but he believes it is more of a business decision whether or not to locate <br />next to a competitor. <br />Mr. Beck stated there is a Supreme Court case directly addressing this issue and the <br />court ruled marketplace factors are not admissible in these types of decisions. <br />Moved by Councilmember Westgaard and seconded by Councilmember <br />Olsen to approve the Conditional Use Permit request for Swan Companies <br />(Coborn's) for a gas station canopy expansion with the following conditions: <br />1. The authorized CUP shall be recorded. <br />2. If the proposed work described in the application and CUP has not <br />been substantially completed within two years after the CUP's date of <br />issuance, the permit shall expire and become void. <br />3. If the authorized use ceases for more than six months, the CUP shall <br />expire. <br />4. The applicant must apply for and receive approval for all required <br />permits before any construction may begin. <br />5. All comments provided in the August 8, 2017, comment letter shall be <br />addressed. <br />6. All design standards of the Hillside Crossing Planned Unit <br />Development shall be met and approved by city staff. <br />7. A circulation plan detailing the new parking configuration, landscaped <br />medians and traffic circulation shall be approved by city staff. <br />8. All sign permits must be obtained. <br />9. All necessary documentation and approvals be obtained for the new <br />storm water pipe prior to issuance of a building permit. <br />10. An easement vacation shall be approved by the city and a new 20 -foot <br />easement shall be established over the new storm water pipe. <br />Motion carried 5-0. <br />Moved by Councihnembet Westgaard and seconded by Councilmember <br />Wagner to adopt resolution 17-51 vacating a drainage and utility easement <br />1/6'EAfI 11 <br />