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2 <br />with aging conditions. The five-story Kensington has 19 <br />balconies that will directly overlook the entry to the car wash. <br />The granting of the CUP for this use is governed by the <br />required findings set forth in SAV Code §152.243. The burden <br />is on the applicant to prove, based upon facts in the record, <br />that the use will conform to the stated standards and criteria for <br />the issuance of the CUP. Roselawn Cemetery v. City of <br />Roseville, Minn. App. 689 NW2d 254, 259. SAV Code <br />§152.243(c)(4) provides: <br /> <br />(3) The use will not be detrimental to the health, safety, or <br />general welfare of persons residing or working in the vicinity or <br />to the values of property in the vicinity; and <br /> <br />Nearby residents of the Property have provided substantial <br />testimony on the record directly bearing on this finding. Fact- <br />based comments, concerns and testimony has addressed <br />issues relating, but not limited to: <br />• Adverse noise impacts from dryer blowers, vacuums, idling <br />vehicles; <br />• Adverse air quality impacts due to exhaust of idling vehicles, <br />airborne particles, potentially affecting the health of adjacent <br />senior residents; <br />• Adverse impacts on adjacent residential property values. <br /> <br />Additionally, sound expert, Stephen Platisha PE, submitted an <br />assessment of noise impacts of the proposed car wash and <br />nearby residential receptors, concluding that the car wash <br />operations could likely cause a violation of state standards. <br />Given the intensity of the car wash impacts of vehicle trips, <br />noise, air pollution and safety concerns, this use is simply <br />incompatible with existing surrounding neighboring residential <br />land uses. The undisputed evidence in the record compels the <br />conclusion that the proposed use for the Property would <br />produce adverse impacts, detrimental to the health, safety, or <br />general welfare to persons residing or working in the vicinity or <br />to the values of property in the vicinity. Based upon the facts <br />and the record, we respectfully submit that the CUP application <br />must be denied. <br /> <br />Sincerely, <br />Timothy J. Keane <br />Kutak Rock LLP <br /> <br /> <br />Email not displaying correctly? View it in your browser. <br /> <br /> <br />98