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Cary Zahrbock, on behalf of concerned neighbors, including single family home owners on 27th Ave NE as well as many residents of the Kenzington at 2601 Kenzie Terrace. 1. We have no animosity toward Tom Archambault personally, and do appreciate that he has been a “good neighbor” with his car business. However, a car wash is not consistent with St. Anthony code and is not an appropriate use of the land he owns. We would be very willing to engage with him around planning for an alternate business, and would have engaged if he had reached out prior to submitting his application to the planning commission. 2. The planning commission has not fulfilled their statutory responsibility relative to the Conditional Use Permit (CUP) for this commercially zoned property adjacent to single family and multi-family homes. 3. The granting of a CUP is governed by the required findings set forth in SAV Code 152.243. SAV Code 152.243 (c)(4) provides: (3) The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity;”. 4. Burden of Proof concerns: a. During the 12.15.20 Commission discussion, Commissioner Socha asked Interim City Planner Steve Grittman, what the definition of “detrimental” is, because she “had a hard time seeing how it would not be detrimental to some effect, to some point on neighboring property values”. “She was not so sure about health and safety, but general use of it, which does affect property value.” b. When asked whose burden it was to provide hard evidence, Mr. Grittman incorrectly stated that the burden “would be on the people making the claim of detrimental value.” In fact, as noted in the letter from Tim Keane, Attorney at Law (City Council packet pgs. 97-98) MN case law shows that the burden is on THE APPLICANT to prove, based upon facts in the record, that the use will conform to the stated standards and criteria for the issuance of a CUP. 5. Concerned St. Anthony residents wrote letters and a petition signed by >70 residents of the Kenzington (City Council Packet) identifying numerous concerns not addressed by the planning commission. As noted, the law requires that the Applicant prove, based upon facts, that the use will conform to standards. There has been no such request from the planning commission to the Applicant. 6. In addition to community members identifying numerous concerns with the proposed car wash CUP, expert evidence was provided to the Planning commission for January 19th meeting (which they did not consider) by residents negatively impacted by potential CUP approval. a. Two independent real estate agents, Kathy Daniels (letter submitted to city manager on 1/22 to be included in addendum to packet and Ella Ritzman (considered as experts relative to property values) submitted letters (City Council packet pg. 92) noting significant negative impact on property values of residential properties. Consistent with Commissioner Socha’s opinion. b. Noise expert opinion by Steven Pletisha, Professional Engineer (City Council packet pgs. 93-95) stating that if vacuum and/or car wash dryer noise occurred for more than six minutes in one hour, the levels would exceed State noise pollution standards. The decibel levels used in his analysis were based on the information provided by Tom Archambault in response to a question from neighbors during the public hearing. Nowhere in the application, nor the city planner’s analysis of the request were specific decibel levels described nor analyzed. The planning commission approved the request