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<br />4.0 REVIEW of REQUEST: <br /> <br />4.1 SuperAmerica originally submitted a proposal allowing off-sale liquor sales in a 1,600 <br />sq. ft. portion of the convenience store with a stand-alone entrance. The off-sale liquor <br />addition, later amended to 2,200 sq. ft., would be located in the rear of the Super America <br />structure with a new door along the east side of the structure. <br /> <br />4.2 The property located at 2172 Lexington Avenue (Speedway SuperAmerica) was <br />redeveloped as a Super America store in 1985 and lies on a 73,345 square foot parcel. <br />This site is located adjacent to single family on the east and multi-family housing on the <br />north side of the site. <br /> <br />5.0 STAFF COMMENTS/FINDINGS: <br /> <br />5.1 City Code Section 302.13 (Off-Sale License Regulations, not the Land Use Section 1005 <br />or 1013) stipulates that the requirements by which off-sale liquor may be sold. <br />specifically sub-section C (Size of Premises) stipulates that licensed premises shall have <br />at least one thousand six hundred (1,600) square feet of sales floor space including sales <br />coolers and excluding walk-in storage coolers (similar to a previous separation at Love <br />from Minnesota, 2465 Fairview). <br /> <br />5.2 A conditional use permit is required to operate a liquor store not within a shopping <br />center. Section 1005.04C17 (Uses Allowed by Conditional Use Permit in B-2 Retail <br />Business Districts) reads: Off-sale liquor stores not located in "shopping centers" as <br />defined at Section 1002.02 ofthis title. (Ord.958, 7-23-1984) <br /> <br />5.3 The Criteria For Issuance of Conditional Use Permit (Section 1013) states, when <br />reviewing an application for a Conditional Use Permit, the Planning Commission and <br />City Council shall consider the following criteria: <br /> <br />a. Impact on traffic <br /> <br />b. Impacts on parks, streets and other public facilities <br /> <br />c. Compatibility of the site plan, internal circulation, landscaping and structures with <br />contiguous properties <br /> <br />d. Impact of the use on market value of contiguous properties <br /> <br />e. Impact on the general public health, safety and welfare <br /> <br />f. Compatibility with the City's Comprehensive Plan <br /> <br />PF3524 - ReA 012604 - Page 2 of 14 <br />