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Regular City Council Meeting Monday, January 14, 2008 Page 7 Councilmember Roe opined his agreement with Councilmember Ihlan on her broader concerns related to chanpinQ the zoning code; however, further opined that he was comfortable with the CUP process and criteria, as well as the number of agencies who monitored those issues, in addition to the City's standing nui- sance codes; and spoke in support of the ordinance as amended. Roll Cali Ayes: Pust; Roe; Kough; and Klausing. Nays: Ihlan. Motion carried. Pust moved, Roe seconded, adoption of Resolution No. 10589 entitled, "A Reso- lution Approving an Amended Conditional Use Permit in Accordance with Rose- ville City Code, Sections 1005.015 and 1013.01, for Rosedale Commons LP and PetSmart, 2480 Fairview Avenue (PF07-063);" amended as follows: ® Change all references from "doggy" to "dog" day care throughout the doeume~at for consistency Councilmember Ihlan sought clarification and recourse options for the public, whether residential or commercial neighbors, if nuisances became evident. City Attorney Anderson advised that any resident, whether an individual or busi- ness, believing that any facility created a nuisance, could alert the City's Planning and Zoning Department, or the City's Police Department, to their concerns. Mr. Anderson noted that the City would have two options for resolution: issuing a ci- tation for nuisance through the court system; or revoking of the Cup for failure to comply with conditions of the CUP. Roll Call Ayes: Pust; Roe; Kough; Ihlan; and Klausing. Nays: None. c. Consider an Ordinance to Rezone and a Resolution Approving a Condi- tional Use Permit (CUP) For Michael Schueller and Riaz and Catherine Hus- sain to allow a Deli and Catering Facility at 1901 Lexington Avenue (PF07- 069) Associate Planner Bryan Lloyd provided a sununary review of the request of Mi- chael Schueller, in cooperation with property owners Riaz and Catherine Hussain, for REZONING and a CUP to allow a deli and catering facility at 1901 Lexington Avenue. Mr. Lloyd noted that the Planning Commission had approved the re- quest on a 5/2 vote at their December 2007 meeting. Mayor Klausing opined that the concept of a deli appeared to be a good use at this site, with no apparent objections of the neighborhood to such a use; it appeared that the concern was rezoning the site for this low impact use, that may allow fu- ture undesirable uses, having greater impact to the safety and traffic concerns for