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4.0 BACKGROUND <br />4.1 The property at 2575 Fairview Avenue has a Comprehensive Plan designation of <br />Business (B) and a zoning classification of General Business District (B-3). <br />4.2 This Co1vD1T�oNAL USE PER1vttT (CUP) request has been prompted by the applicant's <br />desire to sell motorbikes, up to 7 of which would be displayed in the parking lot near the <br />intersection of Fairview and Oakcrest Avenues. Despite the absence of specific <br />recognition of scooters or mopeds in Roseville's City Code, Minnesota law defines these <br />as motor vehicles. <br />S.O STAFF COMMENTS <br />5.1 The subject tenant space lies next to the Play It Again Sports in an existing retail <br />building. Section 1005.015 (Business District Uses) of the City Code allows motor <br />vehicle sales in this location with an approved CUP. <br />5.2 Section 1013 of the Roseville City Code allows the City Council to grant CUPs for land <br />uses that are conditionally permitted in a zoning district and, in order to protect the public <br />health, safety, and general welfare, any additional conditions deemed necessary may be <br />imposed that are above and beyond the licensing requirements or other operating <br />regulations. <br />5.3 Minnesota law has a broad definition of motorcycles which essentially includes <br />everything having three or fewer wheels, a seat, handlebars, and a motor, but it breaks <br />out motorized- and electric-assisted bicycles, and motorized foot scooters as being <br />somewhat different; the statutes also identify a Neighborhood Electric Vehicle (NEV), <br />which is akin to a street-legal golf cart having a maximum speed of 25 mph. Depending <br />on the speed and safety features on each of these vehicles, state statutes regulate where <br />and how they may be operated. <br />5.4 Because of the difficulty of specifically defining mopeds and scooters, which terms can <br />be used interchangeably, and that may look like <br />or <br />and vehicles as small as SOcc can look like <br />��.�r <br />� � <br />or �� � , Community Development staff <br />believes that the motor vehicles that may be sold should be limited by factors other than <br />physical description. <br />PF08-031 RPCA 080608 <br />Page 2 of 5 <br />� � <br />