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"unique situations" exist that the PUD process is intended to address. while a PUD is a tool that developers may utilize in unusual circumstances, the City does not have the legal ability to require a developer to go through the PUD process. 10.0 RECOMMENDATION 10.1 After weighing the comments and questions proffered at the public hearing, the Planning Commission was split (3 -3) on a motion to recommend approval of the requested rezoning, but was unanimous in its support of the requested variance and of the project generally. 10.2 Based on the comments and findings outlined in Sections 5, 0, and 10 of this report, the Planning Division recommends APPROVAL of the requested REZONING of 021 Larpenteur Avenue from B -2 to B -3. 10.3 The Planning Division concurs with the recommendation of the Planning Commission to APPROVE the requested VARIANCE to §1005.01 (Business Parking Setbacks) to allow the parking area at 621 Larpenteur Avenue to encroach into the required setback from the Dale Street right -of -way, based on the comments and findings outlined in Sections 7 and 8 of this report, and subject to the following conditions: a. The parking area shall remain a minimum of 5 feet from the eastern property line unless the property owner enters into an encroachment agreement with the City to allow the parking area to expand into the adjacent right -of -way, in which case the parking area may extend to the eastern property line as necessary to access the parking in the right -of -way; b. The variance shall be nullified if right -of -way is vacated to the property in the future such that the setbacks required at that time can be achieved; and c. The variance shall expire 6 months from the date of the approval if a building permit is not issued, pursuant to § 1013.03 (Time Limitation) of the City Code. 11.0 SUGGESTED ACTION 11.1 Adopt an ordinance REZONING the property at 621 Larpenteur Avenue from the existing S -2 (Retail Business) Zoning District to the proposed S -3 (General Business) Zoning District, based on the comments and findings of Sections 5, 6, and 10 of the project report dated June 16, 2008. A draft ordinance is included with this report as Attachment G. 11.2 Adopt a resolution approving a VARIANCE to Section 1 005 of the City Code that would allow the parking area to encroach into the required setback from the eastern property line, based on the comments and findings of Section 8 and the conditions of Section 11 of the project report dated June 10, 2008. A draft resolution is included with this report as Attachment H. Prepared by: Associate Planner Bryan Lloyd Attachments: A: Area map B: Aerial photo C: Site photo D: Site plan PF08 -017 RCA o616o8.doc Page 6 of 6 E: Draft Planning Commission minutes F: Public comment G: Draft ordinance H: Draft resolution