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Steve Thatcher <br />31 January 1985 <br />Page Two <br />With the application by Kunz Oil Company, the City must make a determination <br />as to the appropriate land use for this area of the City. If the City feels <br />that the Comprehensive Plan accurately reflects the City's ultimate develop- <br />ment goals for this area, the site should be rezoned to a medium density resi- <br />dential zoning designation. If upon city review, the City finds the Kunz Oil <br />request to be acceptable, the Comprehensive Plan should be amended to show <br />this change of land use. <br />Past City actions on similar development and zoning requests in this area of <br />the City (i.e., Highway 10 Radi,ilor and Holiday Gas Station) indicate that <br />the City has not waivered fi-omi the planning reconwiendations of the Compre- <br />hensive Plan. <br />The City has two options if it chooses to stand by the Comprehensive Plan <br />recomnendation and deny the Kunz Oil Company development request. <br />The first option relates directly to the applicant's development request. <br />The Mounds View Zoning Ordinance outlines the following criteria for con- <br />sidering a conditional use penult: <br />Section 40.25.A. (5) <br />(5) The Planning Commission shall consider possible adverse effects <br />of the proposed amendment ur conditional use. Its judgement shall <br />be based upon (but not limited to) the following factors: <br />a, Relationship to municipal comprehensive plan. <br />b. The geographical area involved. <br />c. Whether such use will tend to or actually depreciate the area <br />in which it is proposed. <br />d. The character of the surrounding area. <br />e. The demonstrated need for such use. <br />Section 40.25.8. (2) <br />(2) Criteria for Granting Conditional Use Permits., in granting a <br />conditional use permit, the City Council shall consider the advice <br />and recommendations of the Planning Commission and the effect of <br />the proposed use on the Comprehensive Plan and upon the health, <br />safety and general welfare of occupants of surrounding lands. <br />Among other things, the City Council shall make the following <br />findings where applicable: <br />The use will not create in excessive burden on existing parks, <br />schools, streets and other public facilities and utilities <br />which serve or are proposed to serve the area, <br />