#07 - Animal Inn CUP and Variance

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property to fall within a flood zone. However, the land use table lists base district uses such as kennels as an allowed use with a Conditional Use Permit. 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed addition and new building are designed to be compatible with the existing structure character. The character of the general vicinity should not be changed. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. There is a County highway to the north separating Animal Inn from the northern residential properties. The closest home to the north is over 850 ft. away from the property line. Along the southern property line there is an active rail line and large pond that separates the property and residential properties. The distance from the property line is conservatively measured at over 300 ft. Staff believe that the spacing is sufficient to assist in mitigating any nuisances. It is not anticipated for the use to become a nuisance. 8. The proposed use will be served adequately by essential public facilities and services. The use will be adequately served by essential public facilities and services. A condition of approval has been included for the property to connect to the existing 16-inch Trunk Watermain. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The use should not create additional requirements at public cost, nor will it be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The use will not produce excessive traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Vehicular approaches to the property are not proposed to be changed and should not create traffic congestion. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed amendment and use will not result in the destruction, loss or damage of the natural environment. RECOMMENDED VARIANCE REVIEW AND FINDINGS. The applicant is requesting a variance from the Limited Commercial Zoning district setback of 50' to 25'. This variance applies to the new Animal Daycare building and Kennel expansion. The applicant is also requesting flexibility from the off-street parking regulations for commercial Kennels. Based on the proposed capacity of the site 63 parking spaces are required, the applicant is proposing to maintain the existing 38 parking stalls. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 1.05.1.2.320 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant's request. Staff recommends the following findings: