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Planning Commission Meeting Minutes – Wednesday, March 05, 2008 Page 12 Mr. Paschke noted that the applicant’s proposed hours of operation were well within allowable hours of operation for businesses, with the City not normally regulating business hours, unless a drive-thru was included or significant impacts were evident depending on their location. Chair Bakeman closed the Public Hearing. MOTION Member Wozniak moved, seconded by Member Gasongo to RECOMMEND COMPLIANCE WITH RESOLUTION 9414 to remove the existing parking areas adjacent to Autumn Street prior to any reuse or redevelopment of the property, based on the determination of the Public Works Director that the use of these parking areas would adversely affect the flow of traffic in the area. Ayes: 5 Nays: 0 Motion carried. MOTION Member Wozniak moved, seconded by Member Gasongo to RECOMMEND APPROVAL OF AN INTERIM USE PERMIT (IUP) for Michael Schueller, in conjunction with property owners Catherine and Riaz Hussain, to allow a deli and catering facility at 1901 Lexington Avenue, based on the comments and findings detailed in Sections 4, 5 and 6, and conditions outlined in Section 7 of the Project Report dated March 5, 2008. Commissioner Wozniak encouraged neighbors to alert Mr. Schueller to issues as they arise to seek resolution for all parties. Ayes: 5 Nays: 0 Motion carried. Chair Bakeman advised that the Case was scheduled to be heard by the City Council at their March 24, 2008 meeting. Chair Bakeman recessed the meeting at 8:48 p.m. and reconvened at 8:54 p.m. Commissioner Wozniak left the meeting at this time: 8:50 p.m. f. PLANNING FILE 08-010 Request by Bonestroo for approval of a FINAL PLAT and PUBLIC EASEMENT VACATION at 2335 – 2361 Highway 36 (NOTE: the proposed plat and vacation are strictly internal and would have no impact outside of the property boundaries) Chair Bakeman opened the Public Hearing for Planning File 08-010. Mr. Paschke reviewed the request of Bonten LP and Bonten II, LLC, seeking VACATION of certain PUBLIC EASEMENTS (7 storm water pond easements, and 1 sanitary sewer easements in their entirety and 3 partial easements) and replacing the required utility and drainage easements (as noted on final plat); and seeking approval of the FINAL PLAT (combining 8 existing parcels and/or lots into 4 new lots). Mr. Paschke detailed the history of the property and certain multiple variances, vacations and easements, and location of an additional lot for the City’s land on which a lift station lies. Staff recommended APPROVAL of the EASEMENT VACATION and FINAL PLAT request of Bonten LP and Bonten II LLC, based on comments and findings of Sections 4 - 6, and subject to the conditions detailed in Section 7 of the Project Report dated March 5, 2008. Discussion included the timing issues making renewal of this request necessary. Commissioner Boerigter noted that the Request for Planning Commission Action did not include a full copy of the applicant’s letter (Exhibit A), with staff requested to provide the full letter in the packet going to the City Council for action. Mr. Paschke apologized for the oversight, noting that Council action would be in the form of a resolution to make the approval legal and conforming.