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Planning Case No. 452-96 New Apostolic Church; 3025 County Road H September 18, 1996 Page 9 characterized by deep, oversized lots and mature trees. Because the lots are large, the typical building coverage is low. The applicant's proposal would be a more intensive use of the lot than is typical of the neighborhood. The applicant has testified of the difficulty encountered by his clients in trying to find vacant property which would allow development of a church near to where most of the church members live. The church congregation includes members who live in the Mounds View area. There appears to be a demonstrated need for the use. Criteria from Section 1125.01: Amendments and Conditional Uses Section 1125.01 describes the purpose of conditional use permits, and includes criteria for granting these permits. • Purpose: The purpose of a conditional use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare,public health and safety. At your August 21 meeting, the Planning Commission asked staff to discuss with the City Attorney the degree of discretion which the Planning Commission has in making its recommendation on a conditional use permit. City Attorney Bob Long has provided a letter dated August 29, 1996 which discusses this issue. It states in part: "The Planning Commission (serving either as the Planning 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 variance request meet the criteria as set forth in the Code. The Planning Commission and City Council are not in any way obligated by the actions or undertakings of a(n) applicant prior to a public hearing on a conditional us= ._ ••. - : . • - nor is either body bound by the-earlier—communications between city staff and an applicant. The only proper considerations for the Planning Commission or City Council to consider in granting or denying a conditional use permit request or variance request is whether such request meets all of the criteria set forth in the Code, taking into consideration the testimony of the applicant and the reports and recommendations of the City planning staff" (Copy attached.) Conditional uses are distinguished from permitted uses for a reason. These uses are subject to greater scrutiny because they have the potential for creating greater impacts than the permitted uses in a given district. The criteria for granting conditional permitsare intended to assess, in part, the suitability and compatibility of such uses with adjacent permitted uses. The criteria are noted below, and have been grouped to avoid repetitive 1110 discussion.