3C - Conditional Use Application to Operate a Call Center

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COMMUNITYGROWTH N MY•f N S T 1 T U T E �� Experts in Small Town Planning; D. The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance or prosperity of the City. 2. The following must be considered: A. The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity. B. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. C. The conditional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. D. The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. E. Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use. F. Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner, that no disturbance to neighboring properties will result. G. The conditional use will not result in the destruction, loss or damage of a natural,scenic or historical feature of major significance. H. The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients. Staff Findings: The Staff provides the following findings of fact addressing the issue of the non-conforming use for consideration: 1. The use of a call center is a legally-established, non-conforming use of the property that was in existence at the time of adoption of the Code. 2. The use of the property as a call center has not been discontinued or removed from the property. The call center exists on site and can be continued with no alteration to the site. 3. The structures on the property have not been damaged and no improvements that would expand the existing use are proposed. The Staff provides the following alternative findings of fact addressing the issues of the Conditional Use Permit: i. The use of the call center is established and is fully compatible with the surrounding properties. 2. There is adequate parking provided on site for the call center. 3. Adequate screening is provided on the site. No changes to the site are proposed as part of this application. 4. The existing lighting is compatible with the neighborhood. No changes to the site are proposed as part of this application. 5. The use is not an appropriate use in the Rural Residential zone, but is a legal, non-conforming use in that zone. 6. The use of a call center is not consistent with the provisions of the Comprehensive Plan,which designate the property for residential use. Pequot Lakes Staff Report 3(c)-3 July 16,2009