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Mr. Marohn explained the staff report. Applicant was present, Charles Albrecht, as well as Pat Trottier of Stonemark Land Surveying and Terry Hanson of Nor -Son. Staff recommends approval of this Conditional Use Permit. Entrance would be from the shared driveway with SuperValu. There is a lot of traffic entering and exiting from the SuperValu parking lot and gas station. Mr. Habein stated he was more comfortable with the shared entrance after physically looking at it. Mr. Hanson stated the access easement was set in the SuperValu project. There is considerable stacking exiting the SuperValu lot and it does not allow for any adjustment. MN/DOT wants the existing access to the old DNR building removed. Chairman Woog stated he would rather have the trees left in the right -of -way (ROW). The Crafters Mall needed to leave trees in the ROW. Mr. Hanson stated that MN/DOT wants to have control if they come down or not and whether or not they are limbed. Mr. Hallan stated that it is different if MN/DOT removes the trees than if they allow someone else to remove them. Mr. Albrecht stated they are not asking to remove all of the trees. They want to work with MN/DOT with what they will allow. There are a couple of ugly trees to remove and the lot has trees all around it. Chairman Woog stated that trees have to be removed for the, drive thru. If MN/DOT allows cutting in the ROW then the applicant should replace with additional trees. Mr. Trottier stated that the lot is screened on all 3 sides with red pines, not the east side. It's MN/DOT's call for public safety; it is difficult to see the SuperValu entrance. Mr. Marohn stated that the Planning Commission prefers no trees be removed but defer to MN/DOT if they want to remove some for safety reasons. Councilman Nagel stated MN/DOT historically respects the City's desire to buffer an area. The Planning Commission discussed adding Mr. Marohn's comment as a condition. It was the consensus of the Planning Commission to direct Staff to notify MN/DOT that it is the City's preference the trees be left unless MN/DOT finds there is a safety issue that would warrant their removal. Do not add as a condition. A motion was made by Scott Pederson, seconded by Mark Hallan, to approve the Conditional Use Permit with one condition and the above directive, based on the following Findings of Fact: 1. The subject property is zoned Commercial. 2. The maximum impervious surface coverage allowed in the Commercial Zone is 25% unless increased by the City through a conditional use permit. 3. The applicants have submitted a storm water retention plan showing containment of the 10 -year, 24 -hour storm event on the parcel. 4. Stormwater will run off the subject property into newly constructed rain gardens. 5. The increase in impervious surface coverage is an appropriate conditional use in the Commercial Zone. Minutes 13 Pequot Lakes Planning Commission July 19, 2010