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City Council Minutes Page 5 <br />December 17, 2007 <br />----------------------------- <br /> <br />A representative from Sonic stated they received approvals from the cities of Savage and St. <br />Paul. <br /> <br />6.3. Request by Better Yards & Gardens for Conditional Use Permit for Trailer Display and <br />Sales, Case No. CU 07-30-Public Hearing <br /> <br /> Mr. Leeseberg presented the staff report. <br /> <br />Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor <br />Klinzing closed the public hearing. <br /> <br />Councilmember Motin questioned what determines if a use is an extension of a principle use <br />or a new use altogether. <br /> <br />Mr. Leeseberg stated staff struggled with this issue also. He stated staff looked at both uses <br />as having retail sales and therefore would be compatible uses to each other. He stated they <br />had difficulty considering park models as RV’s or vehicles because they couldn’t be driven. <br /> <br />Councilmember Motin further questioned how the city might treat this request differently if <br />the use was of a different type and not an extension of the use. He questioned if there can <br />be different uses on the same parcel of property. <br /> <br />Mr. Barnhart stated there is a limit to the number of principal uses on a parcel of property. <br />Mr. Barnhart stated it has been a challenge to staff on where to draw the line on these types <br />of requests and made a comparison to Wal-Mart and their different uses. <br /> <br />Mr. Beck stated both uses are allowed as conditional uses but the question is whether you <br />can do both uses as separate principal uses. <br /> <br />MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY <br />COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, <br />CASE NO. CU 07-30 TO BETTER YARDS AND GARDENS WITH THE <br />FOLLOWING CONDTIONS: <br /> <br /> <br />1.AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE <br />APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. <br /> <br />2.FRONT YARD SETBACK SHALL BE 25-FEET. <br /> <br />3.SIDE YARD SETBACK SHALL BE 10-FEET. <br /> <br />4.THE PARK MODEL TRAILER UNITS SHALL NOT BE USED AS OFFICE <br />SPACE. <br /> <br />5.ALL ELECTRICAL SERVICES TO THE UNITS SHALL MEET STATE <br />ELECTRICAL CODES. <br /> <br />6.ONLY FIVE (5) PARK MODEL TRAILER UNITS SHALL BE ON THE <br />PROPERTY AT ONE TIME. <br /> <br />7.ONLY TWO (2) OF THE ALLOWED PARK MODEL TRAILER UNITS <br />SHALL BE VISIBLE FROM HIGHWAY 10. <br /> <br />8.IF MORE THAN FIVE (5) PARK MODEL TRAILER UNITS ARE TO BE <br />ON SITE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO <br />THE CONDITIONAL USE PERMIT. <br /> <br />