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Case Filc: CU 07-3U <br />Page 3 <br />Park'1'railcr Models <br />Better Yards and Gardens <br />principal structure setback and meet the 10-foot side yard setback. The side yard setback is being <br />treated as a parking setback. The city allows parking no closer than 10-feet in the C-3 zoning. <br />No electrical services are being proposed to the units, but should they ever have services provided, <br />the units shall meet all state electrical codes. <br />The hours of operation will be the same as the nursery. <br />Conditional Use Permit <br />The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: <br />7. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate <br />vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the <br />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 <br />streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and <br />will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public <br />thoroughfares. <br />5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be <br />detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or <br />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 <br />standards for the issuance of a license or permit to establish and operate the proposed use in the city. <br />If denial of such a permit should occur, it shall accompany recommendations or determinations by <br />findings or a report stating how the proposed use does not comply with the standards set forth in <br />Section 30-654. <br />In the review of the standards for CUP as outlined, it appears that the request is consistent with all <br />of these standards. <br />Comprehensive Plan <br />The Highway Business land use is the most intensive form of commercial development in Elk River. <br />Businesses in this category may be the largest both in terms of size and traffic generation. Market <br />orientation tends to be regional in nature. Development orientation tends to be toward regional <br />highways. <br />This proposal appears to meet the intent of the Highway Business land use. <br />Transportation <br />S:APLANNING\Case Files\CUP\CU 07-30 Beter Yards & Gardens\CU 07-30_PC.doc <br />