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Planning Commission Minutes July 25. 2000 Page 6 5.3. Reauest by Beaudry Oil Comoany for Amendment to a Conditional Use Permit. Public Hearina - Case No. CU 00-25 . Chair Mesich removed himself from the discussion on this item. Staff report by Steve Wensman. Beaudry Oil requests an amendment to Conditional Use Permit No. 97-24, to remove the condition requiring curb, gutter and landscaping of the Highway 10 frontage of the Lowell A venue gas station/convenience store/car wash. Mr. Wensman explained that as part of the approval in 1997. staff recommended removing some paving and adding curbing and landscaping between the existing sidewalk and the building to provide greater safety and buffer for pedestrians, and to beautify the road frontage. In 1999, staff approached Beaudry Oil to complete the requirements. Beaudry expressed concern that the landscaped strip would restrict vehicular access into the westerly carwash bay. The City Engineer studied the issue and prepared a plan which maintained the necessary access yet included some landscaping and curbing. Staff recommends denial of the request based on the findings in the staff report. Vice Chair Chambers opened the public hearing. . Ken Beaudry, 19701 Rush Street, applicant, explained that when he was told "no" by the State of Minnesota to landscaping in the right-of-way, he assumed that the landscaping requirement of his conditional use permit was a dead issue. Later he was able to purchase the right-of-way from MN/DOT and in 1999, he decided to sell the property to Mr. Don Schafer. Since the conditional use permit was not recorded properly, it did not show up in the title work and Mr. Schafer filed suit against Mr. Beaudry because he was not aware of the landscaping requirement. Mr. Schafer felt that the proposed landscaping was a financial detriment to the property because of reduced visibility. Mr. Beaudry explained that the business had to be closed down, a settlement was reached. and he now has the business back. He stated that he would like to sell the business but he feels the required landscaping will affect business, 80 percent of which is directly related to visibility. Mr. Beaudry stated that he felt placing curbing 18 inches from the sidewalk is acceptable. but that the 5 feet staff is asking for is not possible. He stated that the truck wash is located at the most westerly end of the carwash where landscaping is proposed. He felt that some low line shrubs would be acceptable but felt that trees would block visibility of the truck wash. Commissioner Baker asked if staff had concerns with the landscaping plan as proposed. Ms. McPherson stated that the condition was written rather loosely and staff felt that the Planning Commission should review the plan. Mr. Beaudry discussed the improvements which have been made to the site since he purchased the property in 1981. Commissioner Baker stated that he felt a hardship has been demonstrated, but questioned why Mr. Beaudry did not state he had a problem with the landscaping when the condition was imposed. He felt the height of the landscaping could be reduced. .