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<br />.' <br /> <br />JOHN E. DAUBNEY <br /> <br />,. <br /> <br />(612) 227-7577 <br /> <br />ATTORNEY AT LAW <br />500 DEGREE OF HONOR BUILDING <br />325 CEDAR STREET <br />ST. PAUL, MINNESOTA 55101-1012 <br /> <br />FAX (612) 223-5111 <br /> <br />May 26. 1995 <br /> <br />Mr. R. W. Kritta <br />Certified Public Accountant <br />1809 Northwestern Avenue <br />Suit 210 <br />Stillwater. MN 55082 <br /> <br />/ <br /> <br />Moder Realty <br />1455 Skiles Lane <br />Arden Hills. MN 55112 <br /> <br />RE: Proposed Sale of Nazareth Bui1dinq Association to Western Auto, <br />Supp1v <br /> <br />Gentlemen: <br /> <br />I have done some ~esearch relative 'to th~ ab.qve-entitied matter and. <br />according to the zoning . code' 'furnished' t9, me. by the. City qfRoseville, <br />and the map furnished by Bob 'Moder, it would appear that the' southerly <br />100 feet has a zoning of B-1 and balance of the 2.84 acre tract has a <br />zoning of B-2.', You raise the question as to, the permissible uses in <br />these two zones. . ' , ' <br /> <br />The B-1 zone, according to the May 1995 business district code, lists <br />certain permitted uses, and accessory uses by a conditional use permit. <br />A conditional use permit requires consideration by the planning <br />commission and approval by the city council. It would appear that for <br />Western Auto neither the permitted uses, or the uses authorized on a <br />conditional use permit, meet the requirements of a B-1 district. There <br />is also a classification of B-1B which is entitled "limited retail <br />districts", but apparently the southerly portion of your property is a <br />B-1 district. <br /> <br />The B-2 district is identified as a retail business district and <br />specifically permits auto accessory stores. Uses permitted by a <br />conditional use permit would include service stations and commercial auto <br />washing. <br /> <br />The B-1 district authorizes parking to accommodate uses in a contiguous <br />business district. .' <br /> <br />* <br /> <br />To summarize, if the Western Auto Store were to be -Constructed solely on <br />the B-2 zone property, it could function as a auto 'parts store but if it <br />went beyond, sold gasoline or otherwise qualified asa service station, <br />then this would require a conditional use permit. If the entire tract <br />is to be handled as a single unit development then you would have to seek <br /> <br />" <br />