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le", ,-, 4 0 0 BACKGROUND <br />24 4�. 1 The property at 2575 Fairview Avenue has a Comprehensive Plan designation of <br />1 <br />2,5 Business (B) and a zoning classification of General Business District (B-3). <br />2,6 4�.2 This CONDITIONAL USE PERMIT (CUP), request has been prompted by the applicant's <br />2`7 desire to sell motorbikes, up to 7 of which would be displayed in the parking lot near the <br />2,8 intersection of Fairview and Oakcrest Avenues- DeSDite the absence Of SDecific <br />2,9 recognition of scooters or mopeds in Roseville's City Code, Minnesota law defines these <br />30 as motor vehicles. <br />31 5.0 STAFF COMMENTS <br />32, 5.1 The subject tenant space lies next to the Play It Again Sports in an existing retail <br />33 building. Section 1005.015 (Business District Uses), of the City Code allows motor <br />34 vehicle sales in this location with an approved CUP. <br />35 5.2 Section 1013 of the <br />e Roseville City Code allos the City Council to grant CUPs for land <br />36 uses that are conditionally permitted in a zoning district and, in order to protect the public <br />3 7' health,, safety, and general welfare, any additional conditions deemed necessary may be <br />38 imposed that are above and beyond the licensing requirements or other operating <br />39 regulations. <br />40 5.3 Minnesota law has a broad definition of motorcycles which essentially includes <br />41 everything having three or fewer wheels, a seat, handlebars, and a motor, but it breaks <br />42, out motorized- and electric-assisted bicycles, and motorized foot scooters as being <br />43 somewhat different; the statutes also identify a Neighborhood Electric Vehicle (NEV)l, <br />44, which is akin to a street-legal golf cart having a maximum speed of 25 mph. Depending <br />45 on the speed and safety features on each of these vehicles, state statutes regulate where <br />46 and how they may be operated. <br />4`7 5.4 Because of the difficulty of specifically defining mopeds and scooters, which terms can <br />48 be used interchangeably, and that may look like <br />49 <br />50 <br />51 <br />52, <br />53 <br />,mow. or <br />and vehicles as small as 50cc can look like <br />/` 14 <br />H1 <br />�p <br />or NQAW' 11 Community DevelODment staff <br />believes that the motor vehicles that may be sold should be limited by factors other than <br />physical description. <br />PF'08-�03 I—RCA —082508.doc <br />Page 2 of 5 <br />