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ITEM # 3.3
<br /> APPLICATIONS MAY BE ACCEPTED UP TO ONE WEEK BEFORE DEADLINE DATE
<br /> (See Planning Commission and City Council Meeting Schedule
<br /> Page 5 of the Land Use Application Form)
<br /> Sec.30-651.Application.
<br /> (a) A conditional use permit may be issued in accordance with this article for only those uses or purposes for which
<br /> such permits are required or authorized by this article.
<br /> (b) An application for a conditional use permit shall be filed with the director of planning on a form prescribed by the
<br /> city. The application shall be accompanied by such plans and information as may be required by the city, including,
<br /> without limitation:
<br /> (1) A site plan drawn at scale showing all abutting lots,existing buildings,existing uses,utilities,curb cuts,and locations
<br /> of trees having a diameter of six inches or,more.
<br /> (2) A proposed development plan showing proposed ingress and egress to the property and proposed structures,yards,
<br /> off-street parking and loading areas, and,''where appropriate,plans for utilities, screening,buffering,landscape,lighting,
<br /> signs and open space,and a development schedule.
<br /> (Code 1982,§900.42(1))
<br /> Sec.30-652. Hearing;review by planning commission.
<br /> On receipt of a completed application,including necessary plans and information,the director of planning shall
<br /> schedule its review and a public hearing by the planning commission.The planning commission shall report its findings
<br /> and recommendations to the council with regard to the application.
<br /> (Code 1982,§900.42(2))
<br /> State law references: Approval of conditional uses,Minn.Stats.§462.3595,subd. 1.
<br /> Sec.30-653. Hearing;action by council;notice.
<br /> On receipt of the report of the planning commission, the council shall hold a public hearing and shall make a
<br /> decision upon the proposal to grant or deny a conditional use permit. Except as otherwise provided by law, notice of
<br /> such hearing is subject to the following:
<br /> (1) At least ten days in advance of each hearing,notice of the time and place of such hearing shall be transmitted to the
<br /> applicant and shall be published in the official newspaper.
<br /> (2) All property owners within 350 feet shall be notified by mail of the subject,time and place of the public hearing.
<br /> (3) Failure of the property owner to receive notice shall not invalidate the hearing or proceeding.
<br /> (Code 1982,§900.42(3))
<br /> State law references: Public hearings,Minn.Stats. 55 462.3595,subd.2,462.357,subd.3.
<br /> Sec.30-654. Standards for issuance.
<br /> (a) Required findings. The planning commission shall recommend a conditional use permit and the council shall order the
<br /> issuance of such a permit only if it finds that such use at the proposed location:
<br /> (1) Will not endanger,injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity
<br /> or the public health,safety,morals,comfort,convenience or general welfare of the neighborhood or the city.
<br /> (2) Will be consistent with the comprehensive plan.
<br /> (3) Will not impede the normal and orderly development and improvement of surrounding vacant property.
<br /> (4) Will be served adequately by and will not adversely affect essential public facilities and services including streets,
<br /> police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in
<br /> particular,create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
<br /> (5) Will not involve uses,activities,processes,materials,equipment and conditions of operation that will be detrimental
<br /> to any persons or property because of excessive traffic,noise,smoke,fumes,glare,odors,dust or vibrations.
<br /> (6) Will not result in the destruction,loss or damage of a natural,scenic or historic feature of major importance.
<br /> (7) Will fully comply with all other requirements of this Code,including any applicable requirements and standards for
<br /> the issuance of a license or permit to establish and operate the proposed use in the city.
<br /> (b) Denial of permit. If the planning commission recommends denial of a conditional use permit or the council orders
<br /> such denial,it shall accompany its recommendations or determinations by findings or a report stating how the proposed
<br /> use does not comply with the standards set forth in this section.
<br /> (Code 1982,4 900.42(4))
<br /> State law references: Standards required,Minn.Stats. §462.3595,subd. 1.
<br /> Sec.30-655.Conditions.
<br /> In approving a conditional use permit, the council may impose such specific conditions with regard to the
<br /> development or operation of the proposed use as it considers necessary to satisfy the standards set forth in section 30-
<br /> 654 and the requirements contained in this article and to promote compatibility with and minimize any potentially
<br /> adverse effects upon adjacent properties,the neighborhood or the city. Such conditions may include,without limitation,
<br /> requirements relating to the following:
<br /> (1) Ingress and egress to the property and proposed structures with particular reference to vehicle and pedestrian safety
<br /> and convenience,traffic flow and control and access in case of fire or other catastrophe.
<br /> Document3 2/21/2013 Last Modified
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