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Steve Thatcher <br />31 Januiry 1985 <br />Page Three <br />b. The use will be sufficiently compatible or srp,urated by <br />distance or screening from adjacent residentially zoned or <br />used land so that existing homes will riot be depreciated is <br />value and there will be no deferrance to development of <br />vacant land. <br />c. The structure and sit, nlmll have an appearance that will <br />not have, an adverse effect upon adjacent residential <br />properties. <br />d. The use, in the opinion of' 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 rot in conflict with the Compreheusive Plan of <br />g. The use will not cause traffic hazards or congestion. <br />h. Adequate itiliLies, access reads, drainage and necessary <br />facilities have been or will be provided. <br />These criteria�lldiraYe�hat cons'stency with the Comprehensive Plan is a <br />conditio' n or <br />a r val. As such, the City ias an argucanen or ema . <br />The incompatibility o the coumercial use in a residential area adds to the <br />agreement for denial, Iwwever, 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-establishment 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 pernrit. <br />The City used this option in the deuiol of a conditional use permit for the <br />Holiday Gas Station on the corner of Silver Lake Road and highway 10. <br />seconAjp_tJon available to the City is to rezone the site in conformance <br />with -ElieComprehensive This alterndtive is viewed nv,re favorably as <br />it implements the objectives of the City's Comprehensive Plan in accordance <br />with the Minnesota State Statutes. The Comprehensive 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 />M <br />