11-24-2004 Council Agenda - Laserfiche WebLink

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east and south fence line to ensure a complete landscaped screen from adjoining property. The wood- burning heat source raises a separate issue. The heat source has been a point of concern for neighbors in the area, both residential and industrial. The applicant has recently made modifications to the smoke stack in an attempt to disperse the smoke more rapidly than with the original installation. It was noted by staff that even after this modification, smoke odors were evident. Staff from the Minnesota Pollution Control Agency indicated that the heat source complies with its guidelines. When considering a Conditional Use Permit, the City is required to make the following findings: 1. The applicant shall demonstrate by clear and convincing evidence that the proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Land Use Plan. 2. The applicant shall demonstrate by clear and convincing evidence that the proposed site is or will be compatible with present and future land uses of the area. 3. The applicant shall demonstrate by clear and convincing evidence that the proposed use conforms with all performance standards contained herein. 4. The applicant shall demonstrate by clear and convincing evidence that the proposed use will not tend to or actually depreciate the aggregate property values in the area in which the amendment or conditional use is proposed. 5. The applicant shall demonstrate by clear and convincing evidence that the proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 6. The applicant shall demonstrate by clear and convincing evidence that the development of the conditional use shall reflect the architectural character of the buildings in the surrounding area in regard to the following: a. Proportion, scale and roof line; b. Architectural style; and c. Exterior finish materials. Of these items, condition number 2 would appear to raise the greatest concern. Excessive odors and smoke — even if consistent with PCA standards, could be considered to be incompatible with present and future land uses in the area. With regard to property values raised in Item 4, the applicant has not provided evidence that the use would have not effect on area property values. This issue would be unclear without further study.