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Page 2 <br />Plamvng Commission Minutes <br />July 20, 2009 <br />------------- - <br />MOTION BY ANDERSON AND SECONDED BY IVES TO RECOMMEN <br />APPROVAL OF THE REQUESET BY TIM JEANETTA FOR A CONDITIONAL <br />USE PERMIT FOR A CLASS II RESTAURANT IN THE DT DOWNTOWN <br />DISTRICT (SWEET P'S ICE CREAM AND CANDIES, INC.), WITH THE <br />FOLLOWING CONDITIONS: <br />1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE <br />APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. <br />2. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE <br />CODES. <br />3. ONLY TWO WALL SIGNS ARE ALLOWED AND PERMITS SHALL BE <br />REQUIRED FOR EXTERIOR SIGNAGE. <br />4. A FUTURE DRIVE-THRU SHALL BE ALLOWED AS LONG AS IT IS <br />CONSISTENT WITH THE SITE PLAN AS SHOWN ON THE DRAWINGS <br />DATED 5/26/09. <br />MOTION CARRIED 4-0. <br />5.2. Re uest b Daniel O'Bres -Elk River Subs Inc. for a Conditional Use Permit for Class II <br />Restaurant Subwa 13501 Business Centex Drive Public Hearin -Case No. CU 09-15 <br />Mr. Barnhart stated that the applicant is requesting a conditional use permit to operate a <br />Subway restaurant in an existing multi-tenant building at 13501 Business Center Drive <br />(Country Crossing Business Center). He explained that the business is currently located <br />across the street and there have been no complaints or issues. Mr. Barnhart indicated that <br />the applicant is not planning to use the drive-through lane, but could opt to do so in the <br />future. He stated that staff recommends approval of the request with the four conditions <br />listed in the staff report. <br />Vice Chair Lemke opened the public hearing. <br />Daniel O'Bresky, applicant, 4900 Highway 169, Minneapolis, MN -Stated he does not <br />plan to use the drive-through lane at this time, but he will be setting up the restaurant so that <br />it could be utilized in the future. <br />There being no other comments, Chair Lemke closed the public hearing. <br />MOTION BY WESTBERG AND SECONDED BY IVES TO RECOMMEND <br />APPROVAL OF THE REQUEST BY DANIEL O'BRESKY FOR A <br />CONDITIONAL CENTER DRIVE, CASE NO. CU 09-15, WIRTH THEBWAY) AT <br />13501 BUSINE <br />FOLLOWING CONDITIONS: <br />1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE <br />APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. <br />2. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE <br />CODES. <br />3. ONLY TWO WALL SIGNS ARE ALLOWED AND PERMITS SHALL BE <br />REQUIRED FOR EXTERIOR SIGNAGE. <br />4. A FNSISTENT WITH THE SITE PLAN AS HOWN ON THE DIRAWINGS <br />CO <br />DATED 5/26/09. <br />