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77 expansion of the existing business. While staff has recommended the zoning code text amendment, 78 should a rezoning and guide plan change be preferred over the text amendment by the Planning 79 Commission and/or City Council, such path could still be pursued. Staff supposes a third option 80 does exist, which is to do nothing, and that would result in Mr. Miller being unable to expand his 81 business as expansion of a non-conforming use is not allowed under city code or State law. 82 83 The purpose of the conditional use process is to “ensure that proposed conditional uses will satisfy 84 applicable standards and criteria established for the protection of the public health, safety, and 85 general welfare.” Planning Division staff believe this option and process is an acceptable method for 86 supporting this type of use in the MU-1 district, especially when conditions can be added to mitigate 87 potential impacts or “to enhance compatibility with surrounding uses.” 88 89 It is important to note that by revising the code to allow “motor vehicle repair, auto body shop” as a 90 conditional use in the MU-1 district, every MU-1-zoned property would have an ability to apply for 91 the conditional use. However, approval for any given property seeking a Conditional Use for motor 92 vehicle repair, auto body shop would depend on the ability to comply with the required conditions. 93 Further, any MU-1 site seeking this change in use or new use will be required to comply with all 94 design standards of the Mixed-Use Districts (1005.02) and those specific to the Neighbor Mixed-Use 95 district (1005.04). 96 97 98 Staff Recommendation 99 Planning Division staff recommends approval of a zoning code text amendment to Table 1005-1 100 (Mixed-Use District Table of Uses) to change “motor vehicle repair, auto body shop” from NP, Not 101 Permitted to C, Conditional Use for the MU-1 district. 102 103 Requested Planning Commission Action 104 By motion, recommend approval of an amendment to Table 1005-1 (Mixed-Use District Table of 105 Uses) to change “motor vehicle repair, auto body shop” from NP, Not Permitted to C, Conditional 106 Use for the MU-1 district. 107 108 Alternative Actions 109 1. Pass a motion to table the item for future action. An action to table consideration of the 110 requested zoning code text change must be based on the need for additional information or 111 further analysis to reach a decision on one or both requests. Tabling may require extension of 112 the 60-day action deadline established in Minn. Stat. 15.99 to avoid statutory approval. 113 2. Adopt a resolution denying the requested zoning code text change. A denial must be 114 supported by specific findings of fact based on the Planning Commission’s review of the 115 application, applicable zoning regulations, and the public record. 116 117 Thomas Paschke, City Planner Prepared by: 1. Map Attachments: 2. Aerial Photo 118 Page 3 of 3 Qbhf!29!pg!367