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REQUEST FOR COUNCIL ACTION <br />De rtment Approval: <br />a � <br />DATE: 0/10/2008 <br />ITEM No: 12.c <br />City Manager AUproval: <br />Item Description: Request by Ficek Investment Company, LLC, owner of 621 Larpenteur <br />Avenue, for a rezoning and variance to §1005.01 (Parking Setbacks) of <br />the City Code to allow the redevelopment of the property as an assisted <br />living facility with a parking area encroachment into the required setback <br />from aright -of -way (PF08 -017) <br />1.0 REQUESTED ACTION <br />1.1 Mr. Ficek seeks to REZONE the property from S -2 (Retail Business District) to S -3 <br />(General Business District) to allow the development of an assisted living facility; the <br />proposed use is prohibited in the S -2 District and permitted in the S -3 District. <br />1.2 Mr. Ficek seeks a VARIANCE to X1005 (Business Districts) of the City Code to allow the <br />construction of a parking area that would encroach into the required setback from a side <br />property line adjacent to a street right -of -way. <br />Project Review History <br />• Application submitted and determined complete: April 11, 2008 <br />• Sixty -day review deadline: June 8, 2008; Extended until August 8, 2008 <br />• Planning Commission recommendation (3 -3 to approve): June 4, 2008 <br />• Project report recommendation: June 10, 2008 <br />• Anticipated City Council action: June 10, 2008 <br />2.0 SUMMARY OF RECOMMENDATION <br />2.1 After considering input from the public hearing held for this application on June 4, 2008 <br />the Planning Commission voted 3 -3 on a motion to support the proposed REZONING and <br />voted unanimously (6 -0) to recommend approval of the requested VARIANCE. <br />2.2 The Planning Division recommends APPROVAL of the requested REZONING of 021 <br />Larpenteur Avenue; see Sections 5, 0, and 10 of this report for further information and <br />Section 10 of this report for the detailed recommendation. <br />2.3 The Planning Division concurs with the recommendation of the Planning Commission to <br />approve the requested VARIANCE to X1004 of the City Code; see Section 8 of this report <br />for further information and Section 10 of this report for the detailed recommendation. <br />3.0 SUGGESTED ACTION <br />3.1 Pass an ordinance enacting the requested REZONING, pursuant to § 1015.01 (Rezoning <br />Applications) of the City Code; see Section 11 for details. <br />3.2 Adopt a resolution approving the requested VARIANCE, pursuant to § 1013.02 (Variances) <br />of the City Code, subject to conditions; see Section 11 for details. <br />PF08 -017 RCA 061608.doc <br />Page 1 of 6 <br />