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3.8) No signage plan has been presented. A freestanding sign, if used, should be constructed of the same brick material as the building and must be set back 30 feet. 3.9) Other issues: A Rice Creek Watershed permit is needed before any construction permits may be issued. Back assessments for sewer and water must be paid. 4.0 Staff Summaty and Recommendations: 4.1) Variance. The planning staff recommends denial of the variance request. Since this is a new building with a revised parking lot, the proposal can be redesigned to meet the code requirements and still preserve the ponding and landscaping along the west side of the site. 4.2) Consistency with Plan and Zoning. The use is consistent with the comprehensive plan business designation. The retail use is permitted in a B-2 limited business zone. 4.3) Impacts. The use must meet the standard criteria for issuance of a condition use permit. The building, with the overhead doors shut, meets the requirements for noise and safety. The closed overhead doors during operations should be a condition of approval. Turning movements on to and off of Snelling Avenue will increase by nearly 300 moments per day. MnDot has indicated that it may close the median turn lane in the future, but this use of itself, will not cause the turning land to be closed. Capacity exists on Oakcrest for an additional 50 vehicle trips per day. Vehicles and tow trucks will not be left outside overnight on the site - there is no overnight "attractive nuisance" or personal safety hazards. The storm water pond area meets environmental standards. 4.4) Materials. The exterior materials need to be upgraded to meet commonly used retail store materials (brick and color impregnated trim block). The landscape plan needs to be upgraded to screen parking from the front and rear and correct shade tree choices and locations. The conifers along the east property line must be preserved. Sidewalks need to be extended across the east frontage from the bike path. Signage details, especially free standing pylon signs are not available. If a pylon sign, which must be setback 30 feet, is used it must adhere to the materials palette of the building. Lighting needs to be specified and be downcast. Air conditioning must be available to the entire building in order to allow the overhead doors to remain closed in the summer. HVAC on the roof must be screened with a 5 foot wall (as proposed). 5