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Memo to the Planning Commission/CU 00-25 <br /> July 25,2000 <br /> Page 2 <br /> then called Beaudry Oil. At that time, the issues raised by the expansion <br /> • included parking, pedestrian safety and traffic circulation and landscaping. In <br /> particular, there is no green space between the road surface and the building <br /> fascade and no separation between the sidewalk and driveway. <br /> As part of the approval, Staff had prepared a recommended landscape and <br /> curbing plan for the Highway 10 frontage. The plan (attached) recommended <br /> removing some paving and adding some curbing and landscaping between the <br /> existing sidewalk and the building to provide greater safety and buffer for <br /> pedestrians, and to beautify the road frontage. The landscaping and curbing <br /> was never installed possibly because of some resistance from MNDot and <br /> partially because Mr. Beaudry's concern that the landscape strip restricted <br /> vehicular access into the furthest carwash bay. <br /> In early 1999, staff again approached Beaudry Oil about the conditional use <br /> permit and the required landscaping and curbing. The City Engineer studied <br /> the access issues and prepared a curb, gutter and landscape plan that <br /> maintained the necessary access yet included some landscaping and curbing. <br /> In early 2000, the MNDoT returned most of the right-of-way between the <br /> sidewalk and the building back over to Beaudry Oil Company. Beaudry Oil is <br /> now requests an amendment to the conditional use permit to remove the <br /> condition that states: <br /> III • CURB, GUTTER AND LANDSCAPE IMPROVEMENTS AS NEGOTIATED WITH <br /> STAFF BE INCORPORATED INTO ANY PLANS FOR SITE IMPROVEMENTS. <br /> Conditional Use Permit Case No. CU 97-24 <br /> As part of the conditional use permit, required parking was to be obtained <br /> through an agreement with Cretex. No copy of that agreement has been <br /> found in the City files. <br /> Recommendation <br /> Staff recommends that the Planning Commission deny the request for the <br /> amendment to the conditional use permit to remove the curb, gutter and <br /> landscape improvements because of the following findings: <br /> 1. That the condition is important for pedestrian safety and vehicular <br /> control. <br /> 2. The property is deficient is landscaping and green space. <br /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\cu00-25.doc <br />