05-25-1999 Council Agenda - Laserfiche WebLink

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However, the B -2 Zoning on this site could be construed as a "spot- zoning" issue. Spot Zoning is commonly defined as the zoning of a single parcel of land to allow a use which is incompatible with the dominant surrounding land uses. The issue to address in this discussion would be whether the use is incompatible. The Comprehensive Plan recognizes the East Little Canada Road area as the historical original townsite. As such, mixed uses are allowed and encouraged. The stretch of Little Canada Road from the City Center to the freeway includes a daycare, a tire store, a number of small office uses, including a law office across from the Citgo site, a several single family homes, including some with home -based businesses, and St. John's church, school, and cemetery. The gas /convenience facility could be viewed as being appropriate within this mix, although the single family residential use directly next door does raise separate compatibility issues. If the City approves of the rezoning and Conditional Use Permit, staff would strongly recommend a significant screen planting on the east boundary. Car Washes can create a substantial amount of noise, and evening use will result in vehicle headlights shining directly toward the residence. Apart from this issue, the car wash would appear to fit well on the site considering vehicle stacking space and circulation. The waiting lane for car wash use will occupy the west side of the paved area which is out of the way of the gas operations on the site. The site plan should be modified to illustrate parking stalls which will not interfere with vehicle access to the car wash. As a final issue, any permit should require verification of the Ordinary High Water level of Savage Lake. The shoreland zoning requirements state a minimum setback of 50 feet from the OHW. The site plan appears to meet this standard as measured from the surveyed lake shore. However, the OHW often varies from the actual shoreline. With the conditions that the site plan illustrate adequate parking, the OHW setback is verified, and a planting of trees and shrubs to screen the car wash from the east side single family home, staff would recommend approval of the CUP for a car wash, contingent on the City's rezoning of the site to B -2. cc: Kathy Glanzer Greg Schmidt Terry Maurer Greg Schroeder James Brandt Page 44