4.1. PCSR 10-25-2022 - Laserfiche WebLink

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While the city does not police or enforce covenants, the covenants can be referenced to show the use is inconsistence with the development and could detrimentally affect the use and enjoyment of other propertie in the immediate vicinity. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. This property is located within the Elk River wellhead protection area and outdoor storage of wrecked vehicles, with possible automotive chemicals, fluids, and lubricants could have a negative impact on the environment and ground water. 2. Will be consistent with the comprehensive plan. The property is guided Rural Residential, to be developed as residential uses in areas outside of the Urban Service Area that are not currently served by municipal sewer and water. Residential uses allow for Home Occupations, with some of the uses requiring a CUP, providing due process for the neighbors. Through this process, a neighbor provided staff a restrictive covenant declaration on the development which outlines home based businesses are not allowed. Converting, by code, most of a residential structure to a commercial use in not consistent with the Comprehensive Plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding area has been developed as large lot subdivisions but not all lots have been built on. The use will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Traffic and parking concerns are frequently raised during land use requests like this. Vehicles are frequently seen parked on the street during business hours. Given the limited area available on site to provide for employee parking, to load carriers, trailers, and utilize a small forklift, the operation could be detrimental due to excessive need to utilize the public right-of-way, interfering with traffic. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The process of dismantling vehicles and storing wrecked vehicles could produce chemicals and fluids that could be leaked onto the ground or washed down the paved driveway into the public right-of-way/street.