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Planning Commission Minutes Page 6 July 10, 2007 --------------------------- MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANC E AMENDMENT TO ESTABLISH A COMMERCIAL RESERVE TRANSITIONAL ZONE, CASE NO.OA 07-01. THE MOTION CARRIED 5-0. 5.6. Request by William Divine for a Conditional Use Permit for Snap Fitness (Landmark Plaz~ Case No. CU 07-16 -Public Hearin Mr. Leeseberg reviewed the request by Mr. Divine to locate a Snap Fitness facility in the Landmark Plaza building, including location, number of employees, parking, access and signage. He noted that the site and building was previously approved. Chair Stevens opened the public hearing. There being no public comments, Chair Stevens closed the public hearing. Pat Briggs, owner of the subject property -provided information regarding the location of the proposed Snap Fitness, as well as other businesses in the building. He noted that he is in negotiations with two restaurants to occupy the second phase. Commissioner Anderson questioned why the concrete island was constructed the way it was, since it disrupts the flow of traffic. Mr. Briggs stated that the layout was in anticipation of a restaurant, which did not materialize. He stated he hoped the next phase would be up and running in spring 2008. MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY WILLIAM DIVINE (SNAP FITNESS) FOR A CONDITIONAL USE PERMIT, CASE NO. CU 07-16, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 4. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY THE CITY'S BUILDING OFFICIAL. 5. EACH SIGN SHALL REQUIRE A PERMIT. MOTION CARRIED 5-0. 5.7. Request by Randy Thue for a Conditional Use Permit, CU 07 20 Public Hearing Ms. Cartney stated that Mr. Thue received a conditional use permit (CUP) in February 2007 for an auto detailing, auto brokerage and preventative maintenance shop at 568 Dodge Avenue Suite C. Condition #5 of his CUP limited Mr. Thue to three cars onsite as part of the auto broker business. In order to comply with State requirements for his auto brokerage license, Mr. Thue must be able to accommodate five cars on site. He is requesting that his CUP be amended to allow the five cars, and also to permit the broker cars to be stored outside overnight. In addition, Mr. Thue has requested that the hours of operation be amended from Sam-8pm to lam-9pm Monday -Saturday. Staff recommends approval of the amendments, with the exception of the outdoor storage of vehicles. Chair Stevens asked if the hours of operation was an issue in the original CUP application.