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• • • Mr. Jeff Smyser July 27, 2006 Page 2 Bruggeman Properties has now filed a request for a conditional use permit pursuant to the requirements of the City Zoning Ordinance. Section 7, Subd. 2.H.1 provides that an accessory drive through facility is a conditional use in a Limited Business district. Subd. 2.H.8 of Section 7 states that outdoor dining facilities of restaurants are also conditional uses. The 2006 application originally submitted by Bruggeman Properties included a second entrance to the commercial site. After a review and discussion by the City Council, a revised plan has been submitted on July 21, 2006 which eliminates the second access and provides only the access that was approved as a part of the zoning change in 2003. It is my understanding the City staff and Planning and Zoning Commission had recommended approval of the first two access design application. Based upon these facts the question has arisen concerning the City's legal obligations in reviewing the applications of the Bruggeman Properties for these conditional uses. LAW AND ANALYSIS The authority for cities to include uses as conditional under zoning regulations is found in Minn. Stat. § 462.3595. The language of the statute reads: "The governing body may by ordinance designate certain types of developments, including planned unit developments, and certain land development activities as conditional uses under zoning regulations. Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied." The standards in the City's zoning ordinance that the Council must review are found in Section 2, Subd. 2. The criteria are as follows: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. b. The proposed development application is compatible with present and