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<br />Station Report <br />Nov 22, 2004 <br />Page 5 <br /> <br />Section 1125.01, Subdivision 1e, relating to adverse effects: <br /> <br />The City shall consider possible adverse effects of the proposed amendment or conditional <br />use. Its judgment shall be based upon (but not limited to) the following factors: <br /> <br /> (1) Relationship to Municipal Comprehensive Plan. <br /> <br />The Comprehensive Plan identifies this property and the adjoining property as <br />Neighborhood Commercial. A fuel station would not be considered a consistent use <br />within the neighborhood commercial designation. (Fuel stations are in areas <br />designated Highway Commercial.) The Station is NOT consistent with the <br />Comprehensive Plan. <br /> <br />(2) The geographical area involved and (4) the character of the surrounding area. <br /> <br />The area surrounding the Station site is predominantly residential with the exception of <br />the building to which the Station is attached and the supermarket located south of The <br />Station. Cross of Glory Church is located across the street from the Station. Churches <br />are typically found in residential districts. <br /> <br /> (3) Whether such use will tend to or actually depreciate the area in which it is <br />proposed. <br /> <br />It is unlikely that The Station is depreciating the area in which it is located and it is <br />unlikely its continued existence would further depreciate the area. The City Code <br />however presumes that at some point, the use would be brought into conformance. <br /> <br />(5) The demonstrated need for such use <br /> <br />The applicants will assert that given their existing customer base and volume of fuel <br />and convenience sales, the need is evident. <br /> <br /> <br />Section 1125.01, Subdivision 3b, outlines the criteria for granting a conditional use permit: <br /> <br />In granting a conditional use permit, the City Council shall consider the advice and <br />recommendations of the Planning and Zoning Commission and the effect of the <br />proposed use on the Comprehensive Plan and upon the health, safety and general <br />welfare of occupants of surrounding lands. Among other things, the City Council shall <br />make the following findings where applicable: <br /> <br /> (1) The use will not create an excessive burden on existing parks, schools, <br />streets and other public facilities and utilities which serve or are proposed to serve the <br />area. <br /> <br />The continuation of the use should not create or exacerbate any burdens.