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<br /> -.--- <br /> , :1 <br /> 1. eompliance with the approval of the Rice Creek Watershed District (permit # 96- .1 <br /> 105); <br /> 2, Preservation of those trees shown on the Tree Preservation Plan (Exhibit A, page <br /> 60flO); I <br /> 3, Payment of the appropriate park dedication fee; <br /> 4, Provision of an updated abstract of title and a development contract prior to <br /> consideration of the fmal plat by the City Council. I <br /> D. Updates I <br /> The applicant has provided the Staff with the updated abstract oftitle on June 26,1997, <br /> but the Staff has not had adequate time to review the document. Also, the development <br /> contract for the final plat has not yet been finalized. Therefore, the Staff would I <br /> recommend that at this time only the preliminary plat be approved. The Staff is hopeful <br /> that the remaining item can be resolved shortly and that the fmal plat could be approved <br /> at the July 7, 1997 City Council meeting, I <br /> Case #97-09. Soecial Use Permit Amendment. Frattalone's Ace Hardware. 3527 Lexin~on <br /> Avenue I <br /> A. Request <br /> The applicant (Frattalone's Ace Hardware) is requesting approvalofa special use permit I <br /> amendment to allow for the fencing of pan of the parking lot (21 parking spaces) at <br /> Arden Plaza to allow for an outdoor garden sales area at 3527 Lexington Avenue (Exhibit -- <br /> B). <br /> B. Backl!round <br /> The current site plan for Arden Plaza is a result of the Special Use Permit (#74-36) which I <br /> was granted by the City Council on January 13, 1975 in Planning Case 74-36, The SUP <br /> provided for a 56,298 square foot shopping center (including a 4,005 square foot I <br /> mezzanine) and a 53,490 square foot office complex. The site plan provided for 407 <br /> parking spaces when 405 parking spaces were required, <br /> The outdoor garden sales has been operating without approval. In the time that it has I <br /> been operating the outdoor garden sales has not appeared to cause any operational <br /> problems with the Shopping Center or the Offices. I <br /> C. Plannine Commission Recommendation <br /> The Planning Commission approval of Planning Case 97-09, Special Use Permit fenced I <br /> outdoor garden sales, subject to the following conditions: <br /> 1. Provision of the fence (per Exhibit A pages 3 of 4 and 4 of 4) not to exceed six I <br /> feet in height and attached to the building; <br /> 2. Provision of the tent within the fenced area, not to contain any exterior signage; I <br /> 3. Provision of a revised site plan showing the fenced area with the words "proof-of- <br /> parking" labeled on it and new parking and delineation to be approved by Staff; .. <br /> I <br />