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Robert's CUP Report April '15, 2009 Page 6 assist the planning commission with their review of this request, I have included a site plan with 81 spaces marked for outside sales and the other parking spaces marked for customer and employee parking. (Please see the plan dated April 10, 2009). 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a minimal variance to allow additional outside sales area over the allowed amount of outside sales area on the property should not be materially detrimental to the purpose and intent of the City Code. There have been no objections raised up to this point from any of the adjoining property owners. Given the size of the property and the proposed hours for the outside sales, having some additional outside sales area above the code limits does not appear to be detrimental to the Code or to the City. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The requested variance would not result in any of the above-cited adverse effects. Deadline for Action: The City accepted this application on March 5, 2009 and in accordance with MN Statutes §15.99, the City must make a decision about this request within 60 days of the City accepting the application. The deadline for City action on this request is May 4, 2009. Summary: This request has provided city staff with many challenges. While the City wants to be supportive of a local business and work with the business operator 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. Staff has drafted the resolution for the conditional use permit in such a way so that the applicant would not need to appear before the Planning Commission and City Council each year. The CUP will remain in effect indefinitely as long as there are no changes to the operation and there have been no problems or reasons that would warrant the Planning Commission or City Council to re-examine the CUP.