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Steve Thatcher <br />31 January 1905 <br />Page Three <br />b. The use will be sufficiently compatible or sep,u•ated by <br />distance or screening irum adjacent residentially zoned or <br />used land so that existing bullies will not be depreciated in <br />value and there will be nu deferrdnce to development of <br />vacant land. <br />c. The structure and 4ite shall have an appedratit. e that will <br />not have an adverse ellcct upon adjacent residential <br />properties. <br />d, The use, in the opinion ul the City Council, is reasonably <br />related to the overall needs of the City and to the existing <br />land use. <br />e. The use is consistent with the purposes of the Zoning Code <br />and the purposes of the zoning district in which the applicant <br />intends to locate the proposed use, <br />f. The use is not in conflict with the Comprehensive Plan of <br />the City. <br />g. The use will not cause traffic hazards or congestion. <br />h. Adequate utilities, access roads, drainage and necessary <br />facilities have been or will be provided. <br />These criteria indicate that consistency with the Comprehensive Plan is a <br />condition for approval. As such, the City has an arguement for denial. <br />The incompatibility of the cownercial use in a residential area adds to the <br />agruement for denial, however, this issue highlights the inappropriateness <br />of the B-3 zoning. This option is weakened by the fact that the proposed <br />use is the re-establishinent of an existing use that is consistent with the <br />established zoning. The proposed use also complies with the majority of the <br />other criteria for granting a conditional use permit. <br />The City used this option in the denial of a conditional use permit for the <br />Holiday Gas Station on the corner of Silver Lake Road and highway 10. <br />The second option available to the laity is to rezone the site in confornrance <br />with the Comprehensive Plan. This alternative is viewed nx,re favorably as <br />it implements the objectives of the City's Comprehensive Plan in accordance <br />with the Minnesota State Statutes. The Cumprehensive Plan, adjacent land uses, <br />and past City action on zoning requests provide justification for a rezoning. <br />Based on these items, the City's position for rezoning is stronger than if <br />they processed the conditional use permit. <br />