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4.0 BACKGROUND 4.1 The McCarrons Hills shopping center property at 1685-1717 Rice Street has a Comprehensive Plan designation of Business (B) and a zoning classification of General Business District (B-3). Pawn stores are allowed as coND�1'�oNAL usES in B-3 districts. 4.2 Such applications were formerly referred to as conditional use permits, but the word "permit" is being eliminated in an effort to sharpen the distinction between building permits and land use approvals like this. Although this represents a change in terminology, the nature of conditional use approvals will remain the same because they never actually involved permits per se. S.O STAFF COMMENTS 5.1 City records indicate that the existing Pawn America store was established in 1994, when pawn shops were permitted uses in B-3 districts. Pawn stores did not become conditional uses until 2004, when Ordinance 1305 significantly revised the format of Chapter 1005 (Business Districts) of the City Code. Although City records do not include any indication of why this substantive change was made, it had the effect of converting the conforming Pawn America store into a legal, nonconforming use. 5.2 State Statute 462.357 subd. le protects a legal nonconforming use like this by mandating that it be allowed to continue operating in ways that don't create a more nonconforming condition; that is, the existing Pawn America can be maintained and improved, even increase the volume of its transactions within the existing store, without requiring cotv�ITCOtvAL uSE approval from the City. 5.3 Planning Division staff has determined, however, that the physical expansion of the pawn store's footprint within the shopping center would amount to increasing the nonconformity, and would thereby disqualify it from the protections of MN Statute 462.357. In order to operate as the physically larger store currently proposed, Pawn America must receive the approval required for cotvotT�oNAL usES, and thus become a conforming use. 5.4 Section 1013 of the Roseville City Code allows the City Council to grant coN�ITiotvaL usE approvals for land uses that are conditionally permitted in a zoning district and, in order to protect the public health, safety, and general welfare, any additional conditions deemed necessary may be imposed that are above and beyond licensing requirements ar other operating regulations. In light of the existing regulations on pawn stores established in §311 (Pawnbroker& Precious Metal Dealers) of the City Code (included with this staff report as Attachment C), Planning Division staff does not recommend much in the way of additional conditions. PF09-011 RPCA 050609 Page 2 of 4 ---� �-.