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Attachment D 1 PLANNING FILE 11 -005 2 Request by Yellow Dog Holdings, ITC' for approval of a pawn shop as a CONDITIONAL USE at '3 2057 Snelling Avenue Chair Boerigter recused himself from the meeting and left the room at this time turning the gavel over 5 to Vice Chair Gisselquist. 6 Vice Chair Gisselquist opened the Public Hearing at 630p.m. 7' Associate Planner Bryan Lloyd reviewed the request, as detailed in the Request for Planning 8 Commission Action (RPCA)l, of the property owner, Capp Industries, Inc., and Yellow Dog Holdings, 9 LLC seeking approval of a Max It pawn shop as a CONDITIOANL USE to occupy an existing, vacant lo retail space at 2057 Snelling Avenue. Mr. Lloyd advised that this request was similar to one received in 11 2008 that was denied with findings gleaned from the public record (Attachment Q, with the current 12 application included in the staff report (Attachment D). 1 Staff recommended DENIAL of the request for a pawn shop as a CONDITIONAL USE at 2057 1 Snelling Avenue; based on the comments and findings of Sections 4-6, and the findings of Section 7 of 15 the RPCA dated April 6, 2011. 16 Member Boguszewski opined that he was struck by the staff recommendation for denial of this case, 1 7' since only three (3), years ago, staff had found the a proposed pawn shop use would not have any adverse 18 impact, and the applications appeared to be identical. Member Boguszewski questioned how staff 19 justified their current recommendation for denial and opposite conclusion and their apparent use of the 20 findings applied by the City Council in the City Council's subsequent denial, and reversal of staff 21 recommendation,, of that previous application. Member Boguszewski questioned if staff was basing their 22 recommendation on facts presented or in anticipation of probable City Council action. Member 23 Boguszewski noted the different roles of the City Council as an elected body charged with the overall 24, general welfare of the City and its citizens, and the charge and focus of the Planning Commission on 25 existing zoning laws and regulations, whether or not a proposed use was desirable or fitting. 26 Mr. Lloyd recognized that, due to the mandated timeline for such requests, the 2008 recommendation for 2 7, a similar use had been prepared in advance of public testimony and subsequent discussions and further 28 considerations and impending implications of the proposed use; with the findings established through 29 that public testimony and formalized by City Council resolution. Mr. Lloyd explained that the Council's 3 J, 0 decision in that previous case had demonstrated that staff had overlooked the pertinent facts and '3 1 erroneously based its approval recommendation on less relevant information. ' 2 Member Boguszewski noted that the study referenced in Section 7.6 of the staff report addressing pawn '3'3 shops seen as a characteristic of neighborhoods in decline had not been included in the packet. '34, Mr. Lloyd advised that he did not recall the author of that specific study, noting that it was an academic '35 research study reviewing characteristics of neighborhoods in decline worldwide, and noting the '36 commonality with pawn shops defined as one of those characteristics. 7' Member Boguszewski noted the differences in the opinion of the City's Police Department between the ' 8 2008 case and this one (Section 7.8 of the staff report), and sought supporting information to determine 3 J, 9 the accuracy of the statement showing additional resources were required. 140 Mr. Lloyd advised that the Police Chief was unavailable for comment at tonight's meeting; and that 141 further refinement of those comments could be provided at the City Council level if so requested. 142 Member Boguszewski encouraged staff to make that detailed information available for that meeting. 4,'3 Member Wozniak clarified that the Planning Commission had voted 511 in support of the previous pawn 14-14, shop application, since the Commission had been convinced by staff s analysis that it would not increase Page 1 of 6