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Commissioner Boerigter noted that the applicant would need to meet current City Code at the <br />time of building permit application, which may not be the same as at the time of the CUP <br />approval. <br />Mr. Muehiberg advised that he would need to confer with the owner, and discuss their <br />timelines in light of their other pending projects and construction projections. <br />Ms. Hartley noted that the applicant would need an additional eighteen (18) months to <br />complete their Eden Prairie facility. <br />Additional discussion ensued regarding property acquisition and construction timeline, and <br />potential modifcations; need to meet code at time of application, given the Visioning Group <br />recommendations and potential different direction for commercial areas, and expectations on <br />landscaping; and potential need for the applicant to return to the Planning commission for <br />reaffirmation of the CUP if dramatic changes were made to City Code between now and then; <br />and possible modifications and staff options at that time. <br />Community Development Director John Stark supported a maximum six (6) month extension <br />for the CUP application and ultimate issuance of a building permit. <br />Public Comment <br />No one appeared for or against. <br />Chair Traynor closed the Public Hearing. <br />Commissioner Boerigter supported the application, as amended, based on extending the <br />permit to twelve (12) months rather than six (6) months, at staffs discretion; opining that the <br />proposed project appeared to represent a good use of the property. <br />Commissioner Bakeman suggested that a blanket amendment be applied at the time of <br />building permit application, that current code would apply (i.e., affecting landscaping, signs, <br />etc.). <br />Commissioner Roe suggested extending up to twelve (12) months at staff discretion. <br />Additional discussion ensued regarding the extension period, what was reasonable to <br />facilitate property acquisition and construction timing, and what was in the best interest of the <br />City; off-site implications of adjoining properties; and preserving the rights of the applicant for <br />their use of the property in a reasonable time period. <br />MOTION: <br />Member Bakeman moved, seconded by Member Boerigter, to RECOMMEND <br />APPROVAL of the CONDITIONAL USE PERMIT for Twin Cities Co-Op Federal Credit <br />Union, allowing redevelopment of the existing Denny's, 1880 Perimeter Drive, into an <br />[up to] 6,000-square-foot financial institution with multi-lane drive-through facilities; <br />based on the comments in Section 5, findings of Section 6, and subject to the <br />conditions outlined in Section 7, of the project report dated December 6, 2006. and <br />revised conditions in section 7.C, corrected to read: The proposed trash/recycling <br />enc/osure must include a roof, and be adequately sized, with the applicanf aware fhat <br />storing dumpsters outside a trash enclosure is prohibited by City Code; 7.D, the <br />conditional use permit shall expire within twe/ve (12) months of the date of City <br />Council approval if a building permit is not obtained for the approved development <br />(Section 1013.03 of City Code), with a possible six (6) month extension at the <br />discretion of staff,• and site improvements and building design siandards must meet <br />applicable codes at time of the building permit application. <br />