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Resolution 9108 Page 2 of 4 WHEREAS, Since 2012, the City has taken multiple enforcement actions for violations including; Building Code, Fire Code, and Zoning Code. Recent violations have included operating an unpermitted use within the B-3 district (warehouse), improper storage of high -hazard material (tires); exterior storage of inoperable vehicles, and exterior storage of semi -trailer trucks; and, WHEREAS, Resolution 7984, Condition 4 of the Conditional Use Permit states "This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the City Administrator or the City Council"; and, WHEREAS, the Planning Commission recommended approval of the Revocation of the Conditional Use Permit at its April 17, 2019 meeting (Resolution 1096-19); and, WHEREAS, the City Council held a duly noticed Public Hearing on May 13, 2019; and, NOW, THEREFORE, BE IT RESOLVED, consistent with the Mounds View City Code, Section 1125.01, Subdivision 3 (Conditional Uses), in granting a Conditional Use Permit, the City Council shall consider the advice of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of the occupants of surrounding lands. Among other things, the City Council make findings where applicable [Findings in italics]: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Finding: The use (Tire and Minor Auto Repair Store) does not create an excessive burden on existing public facilities. The property's frequent code violations has created a burden on City resources. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Finding: The use (Tire and Minor Auto Repair Store) is adjacent to single-family homes, and screened by a 6' privacy fence that is not sufficient to screen tall vehicles such as semi -trailers and trucks that have frequently been stored on the property. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.