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It was the consensus of the Planning Commission that it would be difficult to act on the Conditional Use Permit and/or Variances until the Council makes a decision on the Rezone. A motion was made by Tom Adams, seconded by Mark Hallan, to recommend the City Council Rezone these parcels to Downtown Mixed Use. ROLL CALL VOTE: Mr. Habein: NAY; Mr. Adams: AYE; Mr. Derksen: NAY; Mr. Williams: AYE; Mr. Hallan: AYE; Mr. Pederson: AYE. AYES: 4 NAYS: 2. Motion Carried. APPLICANT: Paul Tucci, Oppidan, Inc. Applicant requests a Conditional Use Permit to construct a grocery store with additional retail space. Mr. Tucci stated he felt issues had been covered. Mr. Marohn had nothing to add. The Conditional Use Permit will be looking at issues of layout with respect to the Downtown Mixed Use zone. Mr. Tucci stated the privacy fence issue and the monument sign will need to be addressed. Public Comment: Kim Bolz - Andolshek, 27546 West Twin Lake Drive: Concerned that the agreement with Mr. Babinski hadn't been finalized with regard to extension of Olson Street. She is further concerned with approving a Conditional Use Permit application tonight if some of these issues are not figured out. Her first concern is safety. There are a few big issues that won't be resolved tonight, such as finalization of the easement. Mr. Marohn stated that the Staff Report reflects there are a number of issues still in flux and based on the testimony he suggests we recess the public hearings we have left on the agenda, the Variances and the Conditional Use Permit, until August 31, the day before the Council meeting, to give the applicant time to come in with one or two approaches to look at. First, negate the need for the Variances and develop the property as a Commercial zone. Second, deal with orientation issues and come back with a plan that dealt with that, the fence, screening, and road easement. That would keep us on track. Chairman Woog stated that it is improper to act on the Conditional Use Permit now. Mr. Williams stated that there were no Findings or Conditions recommended by Staff. Mr. Marohn stated a Commercial plan would work for them. Alter the landscaping plan and there would be no landscaping buffer plan. We could change our recommendation on the Rezone. They could acquire more property to change the impervious coverage issues. Mr. Williams suggested the Design Review Team meet rather than the whole Planning Commission. He also asked the applicant what their timeline was. Mr. Barrett stated they plan to start this fall and get the parking lot in place and build during the winter and Minutes 11 Pequot Lakes Planning Commission August 20, 2009