Agenda Packets - 1999/03/22 - Laserfiche WebLink

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Linder's CUP Request Planning Case No. 548-99 March 22, 1999 Page 2 business, having been at the same location for the past five years. Staff is not aware of any problems associated with this operation and the applicant has provided a letter from the operators of Moundsview Square in which they give their permission for Linder's to do business in their parking lot. Previous Discussions: Last year when the City Council approved the conditional use permit to allow Linder's to operate its greenhouse at Moundview Square, the applicant had requested that the CUP be drafted so that it would not expire. The Council agreed, indicating a benefit to the City in terms of saved staff time and efforts, as well as to the applicant. The Council approved the single-year CUP while directing staff to review the various methods and options available to effectuate this type of arrangement in the future. Staff considered two options: either change the code to allow such uses as permitted within that zoning district or allow the CUP to remain in effect indefinitely. With assistance from the City Attorney, Staff presented a draft ordinance to the Planning Commission on February 3, 1999 to amend the Zoning Code. As originally drafted, the amendment would have permitted outdoor produce sales and outdoor lawn and garden sales as an accessory use within a B-3, B-4 or I-1 zoning district. After much discussion, this approach was deemed discriminatory to other types of outdoor sales operations. It was decided that the more appropriate alternative would be to draft the CUP resolution in such a way as to allow Linder's to operate under the control of a non-expiring CUP. Staff verified with the City Attorney that this can be done, and checked Minnesota Statutes regarding the duration of CUPs, which states in Section 462.3595, Subd. 3 that"A conditional use permit shall remain in effect as long as the conditions agreed upon are observed." General Conditional Use Permit Criteria: The City Code states in Section 1125.01, Subd. 3b that"in granting a conditional use permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands." In this section, the Code lists eight criteria that--where applicable--the Council shall consider in its decision. These criteria and responses are as follows: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use.