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7. OTHER ACTIONS: (a) Ken Kath request for interpretation of Section 8.235 of the City Code for a night watchman's residence with a retail center in the southwest quadrant of Hamline Avenue and County Road C. Michael Falk provided background information regarding the Kath request to provide a 1400 sq. ft. residence with an 860 sq, ft. garage. A night watchman's quarters is a permitted use in the City Code for a business district. A portion of the code states that the applicant can appeal the staff administrative decision to the Planning Commission and City Council. A letter from Roger Jensen, the City Attorney (1/7/95), stated that this was a residence and not a night watchman's quarters. Member Wall asked what is a typical II night watchman"? Michael FaIk responded that today, watchman are used in mini-storage facilities for all ours access. Member Wall asked ifthis is an "accessory use" to a business within the code. Member Thomas entered the meeting, Member Sandstrom questioned if a PUD ordinance on this site could allow for this? Falk responded yes. Member Sandstrom asked if research was done regarding the historical definition of night watchman residences. Are there others in the City? (possibly at Solar Wash on Larpenteur Avenue). Member Harms asked if there is security in this building. Falk responded that staff is not aware of a security system. Building is set up as a strip mall. At a later date, Mr. Kath may apply for an auto leasing special use permit. Ken Kath, 545 University Avenue, St. Paul, the owner and developer, stated he is asking for a building permit for the southwest corner of the major building for living quarters. There is currently no automatic security system. The building may also be used for office/warehouse. Mr. Kath states he will be the night watchman; the ordinance does not state that he be employed by a tenant on the site. He stated he will live in the quarters. Member Thomas asked if the code requires training or experience to be a night watchman. Staff responded no. Chairman Wietecki inquired if there are tenants at this time. Mr. Kath stated there are none at this time. The reiai] stores are destination oriented or office warehouses, The garage will be used by the strip center. No comments were offered from the public. Member Sandstrom asked if a residential use is permitted in the B-3 zoning district. Falk stated it is not a permitted use. Member Harms stated a residence is not permitted. The Kath proposal is a residence and not a night watchman's facility. 2