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• Item 5.2 is titled"Conditional Use Permit Request by John Bunkers, for an Auto Repair Business,Public Hearing Case No. CU 00-20". Regarding this item, I have the following concerns and comments: 1) This conditional use permit request by Mr. Bunkers is asking the City of Elk River to allow another party,Mr. Preuss,the owner of P &P Auto and Truck Repair, the right to operate a"Auto and Truck Repair"business (See Letter of Intent from Mr. Preuss in the City Commissioners packet) on Mr. Bunkers property at 568 Dodge Avenue. 2) Since this is not a permitted use in the Barrington Place P.U.D. Agreement, the City of Elk River should not hear this item. 3) If for some reason this item is to be heard by the City, in spite of the P.U.D. Agreement, then and in that event, my real estate clients and myself continue with the following additional comments and concerns. 4) Mr. Bunkers' property is located on a small parcel of land that is approximately two-thirds of one acre. • 5) Mr. Bunkers' property has no side yard setbacks for parking lots or drives and a 3+1/2 foot setback from the north side of the building to the property line. 6) The distances from the proposed overhead door to the property lines are 36 feet on the south and 34 feet on the north. Of the 36 feet on the south, 25 feet is a designated fire lane; neither of these distances meet the required code as it applies. This probably does not matter if the use remains the same but in the case of a new use, the code would probably need to be met in that Mr. Preuss states in his Letter of Intent that he will be doing automotive and truck repair. 7) Two of our primary lease tenants (Edina Realty to the North and Home Security Abstract& Title to the South)have professional offices located adjacent to the Bunkers property. In the case of Edina Realty, 60 feet and Home Security less than 47 feet. These two professional offices have a minimum of 40 to 50 people on premises every business day. Also within 100 feet of the proposed auto repair shop and within 70 feet of the Bunkers rear parking lot, John Oliver&Associates have professional offices with approximately 20 to 30 people working there daily. (See attached letters from Edina Realty and Home Security Abstract& Title) 8) I originally developed Barrington Place in about 1980. My real estate clients have invested in the development since 1985 and their six properties near or adjacent to Mr. • Bunkers' pay in excess of$100,000.00 per year in property taxes. Page 2 of 3