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Motion: Member Bakeman moved, seconded by Member Traynor, to approve the request of Yayun Un to vacate a 30 foot by 30 foot portion of Huron Avenue directly adjacent to 1866 Huron Avenue, based on the findings of Section 5 of the project report dated July 7, 2004, subject to the submission of a legal description for recording. Ayes: 6 Nays: 0 Motion carried.. b. Planning File 3586: Request by United Properties for a Preliminary Plat to allow the replatting of six town home lots within Applewood Point. Chair Mulder opened the hearing and requested City Planner Thomas Paschke to present the verbal summary of the staff report dated July 7,2004. Thomas Paschke advised that United Properties is seeking to realign town home lots in the third group of Phase 1. If approved, the shift will move lots 13 through 18 five feet further north. In order to complete this work, United Properties seeks approval of a Preliminary Plat within the Applewood Point development. A new plat will be created for these lots. The Staff recommended approval of the Preliminary Plat by United Properties. This project simply moves the alignment of 6 units five feet further north, and remains consistent with the original PUD requirements. This item, if supported by the Planning Commission, will be placed on the Council Agenda as both preliminary and final plat approval. Chair Mulder asked the distance between the structures (20 feet). The staff and fire marshal have reviewed and recommended approval. As there were no further comments, Chair Mulder closed the hearing. Motion: Member Bakeman moved, seconded by Member Traynor, to recommend approval of the Preliminary Plat as outlined in the report dated July 7, 2004. Ayes: 6 Nays: 0 Motion carried. c. Planning File 3582: Request by Rod Ellison, Auto Glass Today, for a Rezoning and Conditional Use Permit to redevelop property at 2597 Cleveland Avenue, into a 9,000 square foot office, auto service and auto leasing facility. Chair Mulder opened the hearing and requested City Planner Thomas Paschke to present the verbal summary of the staff report dated July 7,2004. Thomas Paschke advised that Rod Ellison has applied for a Rezoning and a Conditional Use Permit to allow the redevelopment of the property located at 2957 Cleveland Avenue. The property rezoning seeks to change the current zoning of the parcel form B-4, Retail Office Service District to B-3, General Business District, and he is seeking to obtain a Conditional Use Permit consistent with 1013.01 D of the Roseville City Code, that would allow the construction of a 9,000 sq. ft. structure on the premises for Auto Glass Today, including office, auto service and auto rental. The existing parcel of land is currently occupied by an older single family, pre-existing non-conforming residence and the property has a Comprehensive Land Use Map designation of B, Business. The subject parcel lies within the Comprehensive Plan's Planning District 10. The Community Development staff reviewed the proposal with respect to the existing and surrounding zoning, as well as for an appropriate zoning, and concluded that the B-3, General Business District is the most appropriate zoning district given the uses proposed and contemplated by the applicant. Specifically, an office is a permitted use in the B-3 District; an automobile service operation is a use permitted with a Conditional Use Permit in a B-3 District; and an auto rental establishment is a use permitted with a Conditional Use Permit in a B-3 District. Burger King, considered a Class II Restaurant, is not permitted in a B-4 District, but is permitted in a B-3 District with a Conditional Use Permit. The use meets all criteria required within the City Code for issuance of a Conditional Use Permit. Based on the information and findings the staff recommended approval of the Rezoning and Conditional Use Permit to allow the construction of a 9,000 sq. ft. mixed business structure and associated site improvements at 2579 Cleveland Avenue, subject to the following conditions: