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� e2 "unique situations" exist that the PUD process is intended to address. While a PUD is a 1 �s 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. 195 10.0 RECOMMENDATION i�6 10.1 After weighing the comments and questions proffered at the public hearing, the Planning � �7 Commission was split (3-3) on a motion to recommend approval of the requested �:�a rezoning, but was unanimous in its support of the requested variance and of the project 1 a9 generally. ?o0 10.2 Based on the comments and findings outlined in Sections 5, 6, and 10 of this report, the zo� Planning Division recommends APPROVAL of the requested REZON[NG of 621 Larpenteur Zoz Avenue from B-2 to B-3. 2os 10.3 The Planning Division concurs with the recommendation of the Planning Commission to 2oa .aPPROVE the requested vaR[atvcE to §1005A1 (Business Parking Setbacks) to allow the 207 parking area at 621 Larpenteur Avenue to encroach into the required setback from the 20� Dale Street right-of-way, based on the comments and findings outlined in Sections 7 and 20� 8 of this report, and subject to the following conditions: 2os a. The parking area shall remain a minimum of 5 feet from the eastern property line 2og unless the property owner enters into an encroachment agreement with the City to 2io allow the parking area to expand into the adjacent right-of-way, in which case the 2i i parking area may extend to the eastern property line as necessary to access the 2�2 parking in the right-of-way; 213 214 215 216 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. 217 11.0 SUGGESTED ACTION 2i8 11.1 Adopt an ordinance [tEZON�1vG the property at 621 Larpenteur Avenue from the existing 2�g B-2 (Retail Business) Zoning District to the proposed B-3 (General Business) Zoning 22o District, based on the comments and findings of Sections 5, 6, and 10 of the project report 22� dated June 16, 2008. A draft ordinance is included with this report as Attachment G. 222 112 Adopt a resolution approving a vAR�ANCE to Section 1005 of the City Code that 223 would allow the parking area to encroach into the required setback from the eastern 22a properiy line, based on the comments and findings of Section 8 and the conditions of 225 Section 11 of the project report dated June 16, 2008. A draft resolution is included with 22s 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 061608.doc Page 6 of 6 i E: Draft Planning Commission minutes F: Public comment G: Draft ordinance H: Draft resolution •