Agenda Packets - 1996/10/29 - Laserfiche WebLink

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Pam Sheldon August 30, 1996 • Page 2 (3) Whether such use will tend to or actually depredate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. See Section 1125.01, subd. 1(e) of the Code. The Planning Commission then makes its findings of fact regarding these factors and makes a report and recommendation to the City Council. -The City Council considers the recommendations of the Planning Commission and determines whether the request for a conditional use permit meets all the criteria set forth in Section 1125.01, subd. 3 of the Code, including but not limited to making findings that: (2) the use will be sufficiently compatible or separated by distance or screering from adjacent residentially zoned or used lands 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 have an appearance that will not have an adverse effect upon adjacent residential properties. The City Council then renders its decision to grant or deny the conditional use • permit based on whether the criteria for granting such a conditional use permit have been met. A decision of the City Council on a conditional use permit can be challenged in Ramsey County District Court by either the applicant or affected property owners. Issue No. 2: In considering a request for a variance to the zoning code, the Planning Commission meets as the Board of Adjustment Appeals (the "Board") and a different procedure is followed than in consideration of a conditional use permit. A variance to the provisions of the Zortrg Code may be issued by the Board only in the event that all of the criteria listed in Section 1125.02, subd. 2 of the Code are met. Pursuant to Section 1125.02, subd. 3 of the Code, if the Board acts in favor of the applicant, the decision is final and can only be challenged by affected property owners in district court. No appeal of the Board's decision to the City Council is provided for in the City Code (This may be an amendment that the p11*i►g Commission would want to consider in the future). If however, the Board denies the applicant's request for a variance, the applicant within 60 days from the decision of the Board may appeal the Board's decision to the City Council for the variance sought. The granting of a variance of the Zoning Code must be by a 2j3rds vote of the full Planning Commission serving as the Board pursuant to Section 1125.02, subd. 4f of the Code. Issue No. 3: The Planning Commission (serving either as the Pls+rning Commission • or as the Board) and the City Council retain full discretion to grant or deny a conditional use permit or variance request based on whether or not the CUP or saio9S23 1T125-47 x.is. =nda etCELEEZI9'QI N3AVaD '8 AQ3NN3}I'WO2i3 8Z'SI 96-0E-one