Laserfiche WebLink
The proposed car wash building would be located toward the north/middle portion of the property, <br />utilizing the middle of three existing curb cuts to Kenzie Terrace. The other two curb cut access <br />points would be closed. Traffic is designed to enter the site and circulate counter-clockwise around <br />the building to the entrance at the west end, exiting the building to the east, with access to a series <br />of one-way driveways that provide access to outdoor vacuum stations on the south side of the <br />building. The site plan also provides 6 additional parking stalls on the site in two separate bays. <br />Automobile Service and Car Washes are both listed as Conditional Uses in the C, Commercial zoning <br />district. (Sections 152.122 D. and F.). The zoning ordinance provides a series of setback <br />requirements as follows: <br />Front Yard (from street right of way): 35 feet <br />Side Yard: 10 feet <br />Rear Yard: 25 feet to an alley <br />The zoning ordinance imposes an additional setback requirement in Commercial zoning districts <br />adjacent to Residential zoning districts, which provides: Setbacks from residential districts. There <br />must be a setback area of not less than 20 feet from any property in a residential district within <br />which setback area parking, storage, and/or loading facilities are excluded. <br />The proposed site plan appears to meet these minimum standards. In addition to the minimums, <br />however, a Conditional Use Permit is subject to the following requirements to qualify for City <br />approval, a specific in Section 152.243(C): <br />(1) The use is one of the conditional uses specifically listed for the district in which the <br />property is located; <br />(2) The City Council has specified all conditions which the City Council deems necessary to <br />make the use compatible with other uses in the area; <br />(3) The use will not be detrimental to the health, safety, or general welfare of persons <br />residing or working in the vicinity or to the values of property in the vicinity; and <br />(4) The use will provide a service or a facility which is in the interest of public convenience <br />and will contribute to the general welfare. <br />As such, the standard of review is heightened by measuring how a particular use will impact both the <br />public and the neighboring land uses. In addition to these review criteria, it must be noted that in <br />Minnesota, courts have ruled that Conditional Uses are presumed to be allowed in the zoning district in <br />which they are proposed, but that there are special aspects of the use that require attention and <br />perhaps, mitigation, to ensure that they are consistent with the requirements and intent of the City’s <br />zoning regulations and Comprehensive Plan. <br />That is, there is a presumption that the use is allowed on properly zoned land – the question is whether <br />the impacts of the use can or cannot be mitigated to a reasonable level expected of other permitted <br />uses in the district. <br />Therefore, the review of this use must consider how a typically permitted commercial use would impact <br />the area, and if there are special aspects of this use that require alteration or other attention. <br />For the Commercial zoning district, common commercial uses include retail and office facilities, as well <br />as most commercial service businesses, although many services are also required to obtain Conditional <br />Use Permits. Outdoor commercial uses are not listed as permitted uses in the district. <br />For a car wash, there are some extraordinary aspects that require particular attention, over and above <br />the common commercial use impacts. The most notable are headlight glare from vehicles sitting in <br />31