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a. The INTERIM USE PERMIT has an expiration date of December 31, 2007, (unless an extension is requested and approved 30 days prior) or within 30 days of the issuance of a Certificate Of Occupancy for their new facility at 2775 Highway 35, whichever occurs sooner, and shall become null and void after that date. Failure to remove the temporary service/repair use for the premises will result in appropriate land use violation action. b. The INTERIM USE PERMIT shall be limited to auto service/repair which includes passenger vehicles and pick-up trucks, and shall not include any body work or painting. c. A vehicle parking plan shall be submitted to the Community Development Department for review and approval, and placed on file during the INTERIM USE PERMIT. d. The INTERIM USE PERMIT shall be subject to the conditions recommended by the Planning Commission and/or City Council. The INTERIM USE PERMIT shall, in no event, be construed in a manner leading to a conclusion that the auto service/repair use is a legally permissible use after its expiration. f. Walser Automotive Group, shall work with the Saint Paul/Ramsey County Department of Public Health, Environment Health Section, to ensure that all hazardous materials on site are managed and properly stored and to notify the Department with a copy to staff for verifcation of their temporary change in business location. 7.0 PLANNING COMMISSION ACTION: 7.1 On November 1, 2006, the Planning Commission held the public hearing regarding the Walser request. At the meeting no citizens addressed the Commission and Commissioners had only a few questions of staff and/or the applicant regarding the tenent space location and parking. 7.2 The Planning Commission voted (6-0) to recommend approval of the INTERIM USE PERMIT, subject to the conditions stated in Section 6 of the project report. 8.0 SUFGGESTED CITY COUNCIL ACTION: 8.1 ADOPT a RESOLUTION APPROVING the INTERIM USE PERMIT for Walser Automotive Group to establish a temporary auto service/repair use parcel at 2974 — 2982 Cleveland Avenue for a period of on year, based on the comments/findings of Section 5 and the conditions of Section 6 of the project report dated November 13, 2006. Prepared by: Thomas Paschke 651-792-7074 Attachments: Area map, Aerial photo, Applicant narrative, Proposed temporary facility layout, PF3793_RCA_I l 1306.doc\ Page 4 of 4