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Request for Planning Commission Action Date: 02/16/2010 ~ e n~l~ +ta ~~ na~- zraa J ~ Request by Riaz Hussain for an amendment to an existing Conditional Use Permit to allow the parking area adjacent to Autumn Street At 1901 Lexington Avenue N Roseville MN 55113. Introduction: This submittal is about the parking area adjacent to Autumn Street next to the property at 1901 Lexington Avenue N Roseville MN 55113.The property has a comprehensive plan designation of Neighborhood business(NB) and a zoning classification of Limited Business(B-1) district. These parking areas were under conditional use permit as an employee parking areas through the life of the property as a veterinary facility and then as a internet sales office until such time that a change occurred in the in the usage of the property. In 2008 a Deli was planned at the site but was not implemented. The planning director assumed that, that was sufficient enough to be determined as a change and further claimed that the original determination was not dependent on a change proposed or actual. This raises several procedural issues for a controlling body such as a city as we shall see. Suffice it to note here that if the change did not matter and the original conditions allowing the conditional usage had not changed then why this requirement did not get the attention of the Planning Director at some other time since it did not matter whether a change happened or not. Even worse, we as a city, then need to explain why did we even bother with the conditional use permit in the first place when we were going to change it at any time even if no condition had changed. Was the use permit arbitrary? Notice also that the revocation of the use permit never occurred or even brought up during the life of the building as the internet sales after the doctor left. During our time or as the Internet sales office or the veterinary facility conditions never changed and yet we have the parking problem and the alleged hazard that goes with it. The fact is that we are using this place even less as a parking space than the other tenants. Each summer I have had the area cordoned off and no cars were ever parked, ours or anybody else' since the first letter that I received from the planning director. This submission requests a reconsideration of the conditional use permit based on new information pertaining to the parking areas in question. Terminology: