CCP 06-30-2003 - Laserfiche WebLink

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.' . . . . . ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003 2 Chair Sand invited anyone for or against the Concept Plan to come forward and make comment. Paul Tucci, Oppidan, stated 3,600 feet of new retail would be added onto the existing convenience store. He noted they had added 20 stalls for parking and had also added new landscaped areas. He summarized the elevation of the building for the Commission. Rick Petri, attorney on behalf of Mr. Artoli (?sp), operator of the convenience store. He stated they were in opposition to this proposal. He indicated there might be some litigation involved to detennine the validity of the sub-lease. He stated he had spoken with applicant earlier this evening, but he had just received the file today and was not familiar with all of the facts. Chair Sand asked who was the lessee. Mr. Petri replied it was Mr. Tucci's company. He stated he understood this lease was a subject in a bankruptcy proceeding. He noted there were many unanswered questions at this point, but he wanted to make the Commission aware of their opposition. Mr. Tucci stated they bought Shannon Square from the previous owner and during the process the lease with Avante (?sp) had been rejected under their bankruptcy proceedings. He noted there was a sublease between Avante and Mr. Petri's client that had a provision that said ifthere was a tennination of the original lease, the sublease also terminated. He indicated they would need to figure out where to go, but he believed they had a right to do this. Commissioner Ricke stated jfthey approved this tonight, their decision had nothing to do with the lease or bankruptcy issues. Mr. Parrish replied the tenant issues were not material to their PUD approval. Commissioner Larson asked if they approved the PUD, did Mr. Petri feel it would prejudice the case. Mr. Petri replied he did not believe so. Mr. Artoli (?sp), owner of convenience store, stated he had occupied the space since December, 2002. He stated he had met with Mr. Tucci on Monday and the bankruptcy was filed on May 13. He indicated there might be some legal ramifications regarding this and he wanted to make the Commission aware of the situation. He stated all of the other tenants were remaining and he believed it was out of convenience that he was being taken out. Chair Sand closed the public hearing at 7:24 p.m. Commissioner Larson asked if there would be any difficulty with the loading dock and getting into this facility. Mr. Tucci stated the trailers would come up the center entry and go around back. Commissioner Modesette asked if they had given consideration to just leaving the gas station and convenience store. Mr. Tucci stated their goal was to try and pursue the extra square footage. He stated no leases had been signed yet. He stated if the circumstances did not allow this, they would have to work around it.