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;J-ff :> REQUESTFORCOUNC~AcnON DATE: 04/14/97 ITEM NO: I-I Agenda Section: LAND USE Embree Construction request for conditional use permit approval to construct an 11,000 s.f. auto accessory/tire/service facility at 2561 Snelling Ave. (Continued at applicants request from March 12, 1997 meeting). 1.0 BACKGROUND 1.1 Embree Construction applied for a conditional use permit and a variance to construct an auto accessory/tire/service facility at 2561 North Snelling. The Planning Commission continued the case from March 12 to April 9 because the applicant could not demonstrate either ownership or control of the site from the Knights of Columbus. 1.2 No further information of ownership or control of the site was available at the time this agenda packet was prepared. 2.0 STAFF RECOMMENDATION Staff recommends denial of the request without prejudice because it is incomplete. The applicant has not demonstrated control of the site. The applicant should be allowed to reapply without delay if such site control is obtained in the next 180 days. The applicant would be required to pay a new application fee. . 3.0 PLANNING COMMISSION RECOMMENDA TION On April 9, 1997, the Planning Commission concurred with the staff and recommended that the request be denied without prejudice because it was found to be incomplete. The applicant should be allowed to reapply without delay if such site control is obtained in the next 180 days. The applicant would be required to pay a new application fee. 4JJ. SUGGESTED COUNCIL ACTION By motion, deny the current conditional use permit and variance request by Embree Construction to construct an 11,000 sJ. auto accessory/tire/service facility at 2561 Snelling Ave. because the application is incomplete: the applicant has not demonstrated control of the site. Further, recommend that the applicant be able to reapply without delay if site control is gained in the 180 days. A new application fee will be required. Report by: Dennis Welsch, 490-2232 M:\RCA\PF2883.RCA 1