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Robert's CUP Report April 1, 2009 Page 3 There is a row of arborvitaes along the west edge of the Robert's parking lot near Edgewood Drive. Unfortunately, several of these shrubs have died or appear to be in poor health. As required by the City Code (Sections 1125.01, Subd. 3(a)(2) and Section 1127.05, Subd. 7), the City should require the applicant to replace all the dead and dying plants to provide screening of the parking lot from the residential neighbors across Edgewood. The screening is necessary to help ensure that the activities of the proposed permit will not have a negative affect on the health, safety and welfare of the residents and on the existing homes to the west of the parking lot. Depreciation. The proposed outdoor sales activities would be operating three days a week for six months during the year — from April through September. It is not clear what, if any, affect such outdoor activities would have on the surrounding area — especially the nearby residential properties. As I noted above, the City should require the replacement of the dead and dying plants along the west edge of the parking lot to complete the screening of the existing parking lot. Such screening would help minimize the potential negative affects of the permit on the occupants of the homes to the west of the site. The Demonstrated Need for Such a Use. The applicant is proposing flea market and farmers market as a community service. That is, he wants to provide a centralized location for local merchants and vendors to sell their products. He also wants to provide a location for nearby residential property owners that may want hold a garage or yard sale to sell their merchandise in a more visible location. As noted above, the outdoor sales would occur for 3 days a week for about six months a year and only during daylight hours. Based on the materials submitted by Mr. Halverson, city staff is unable to determine if there is a "demonstrated need" for the proposed use as the City Code requires. The nearest farmers market to Mounds View is held at the Shoreview Community Center on Tuesday evenings during the summer and I am not aware of any nearby flea market or outdoor sales lots such as Mr. Halverson is envisioning for his site. It is certainly possible that the selling and buying merchandise from the parking lot of Robert's would be popular and successful for those involved with the transactions. If Mr. Halverson finds sellers and buyers that want to use his site, that would demonstrate a need for his proposal. Summary: This request has provided city staff with some challenges. While the City wants to be supportive of a local business and work with the owner to help ensure his success, the City also must be sure that any changes or new land use activities in the City will meet all code requirements. This includes the requirements for a conditional use permit as outlined in the City Code. This proposed use may prove to be a valuable asset to Mounds View but the City also must ensure that it does not cause any negative affects on the occupants of nearby properties — especially the residents to the west.