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04-03-24 PC Packet
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04-03-24 PC Packet
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completion of the public hearing and its study and consideration of the application, the Planning <br />Commission shall submit its written report, containing its findings, conclusions, and <br />recommendations as to the application, to the City Council. <br />Sign Code — Chapter 12 <br />This approval does not include signs. A condition has been added that prohibits signage as part <br />of the approval. <br />Findings of Fact <br />The Planning Commission must make a finding as to whether or not the proposed application <br />would adversely affect the surrounding neighborhood or the community as a whole based on the <br />aforementioned factors. Staff offers the following findings for consideration: <br />1. The property located at 3717 Lexington Avenue N. is designated for Commercial uses on <br />the 2040 Comprehensive Plan. <br />2. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted <br />in the B-2 General Business, B-3 Service Business, B-4 Retail Business, NB <br />Neighborhood Business and GB Gateway Business Zoning Districts where the principal <br />use is Retail Sales & Service, Restaurant, or Service Station, the business has a liquor or <br />tobacco license issued by the City, and when such accessory use is clearly incidental to <br />the principal use. <br />3. The Subject Property is located within the B-3 Service Business Zoning District with a <br />principal use of Retail Sales & Service. <br />4. The Applicant, Cub Discount Liquor, has a liquor license issued by the City. <br />5. The Applicant's site plan shows the proposed conditional accessory use is incidental to <br />the principal use. <br />6. The Applicant's narrative notes the specifics of the proposed business, including the <br />sourcing of products and customer and employee education. <br />7. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the <br />conditional use permit procedures. <br />8. A public hearing for a Conditional Use Permit request is required before the request can <br />be brought before the City Council. <br />Options and Motion Lan2ua2e <br />Staff has provided the following options and motion language for this case. The Planning <br />Commission should consider providing additional findings of fact as part of the motion to support <br />their recommendation for approval or denial. <br />• Recommend Approval with Conditions: Motion to recommend approval of Planning Case 24- <br />007 for a Conditional Use Permit to allow lower -potency hemp edible sales as a conditional <br />accessory use at 3717 Lexington Avenue N., based on the findings of fact and the submitted <br />plans, as amended by the conditions in the April 3, 2024 Report to the Planning Commission: <br />1. No additional exterior signage shall be permitted for the conditional accessory use. <br />2. Lower -potency hemp edible sales will be localized to the Cub Discount Liquor portion <br />of the Subject Property. <br />3. The Applicant shall comply with all sections of the City Code and with applicable State <br />Statutes. <br />Page 4 of 5 <br />
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