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A motion was made by Bill Habein, seconded by Scott Pederson, to recommend approval <br /> of the Conditional Use Permit, based on the following findings of fact: <br /> 1. The proposed use is an appropriate conditional use in the Commercial <br /> District. The Land Use Matrix indicates the unclassified commercial uses <br /> are considered conditional uses in the Commercial zone. <br /> 2. The proposed use conforms to the Comprehensive Land Use Plan, which <br /> indicates that transient merchants augment the local community and can <br /> benefit the local community. The proposed use would provide a regulated <br /> and set space in which these merchants can operate. <br /> 3. The proposed use, with conditions, would be compatible with the existing <br /> neighborhood. Adjoining properties to the east and south are largely <br /> undeveloped with some commercial development to the north and some <br /> residential development on the west side of State Highway 371. <br /> 4. The proposed use would not be injurious to the public health, safety, or <br /> welfare as it would provide space for the operation of transient merchant <br /> operations. <br /> 5. The proposed use is unlikely to be injurious to the use and enjoyment of <br /> other properties in the immediate vicinity. Operations would be housed <br /> indoors and be primarily during the peak season months. Use during the <br /> off-season would be substantially diminished. <br /> 6. The proposed use should not impede the normal and orderly development <br /> and improvement of surrounding vacant properties. The subject property is <br /> bounded by State Highway 371 and the Paul Bunyan Trail, limiting its <br /> `., effects on the development and improvement on properties on either side <br /> of these routes. The development of the vacant property to the southwest <br /> would not be impeded by the proposed use. Access to the southwest <br /> property is not limited by the proposed development. <br /> 7. There are no additional public services or facilities required for the <br /> development of this property. <br /> 8. The applicant proposes to access this property from County Road 107 to <br /> the south, with the access road running parallel to the eastern property <br /> boundary. The proposed access point is slightly off-set from the point at <br /> which the property to the south (Evergreen) accesses County Road 107, <br /> but should not create traffic congestion or interference with traffic on the <br /> surrounding streets. <br /> 9. The applicant proposes to provide a total of 315 parking spaces for the <br /> proposed use, with 173 being permanent parking spaces, and the <br /> remaining 142 spaces being overflow parking spaces. It is Staff's opinion <br /> that the proposed use does not qualify as a typical retail establishment, <br /> which would require 480 parking spaces, and that the number of spaces <br /> provided would be adequate to serve the proposed use. <br /> 10. The proposed use is unlikely to produce noise, dust, or odors at a level that <br /> would constitute a nuisance outside of the normal activities related to the <br /> construction of the buildings on this site. The applicant has not indicated <br /> the location or type of lighting that will be used on the site, so it is unclear <br /> whether any nuisance would result from lighting. <br /> Planning Commission 4 <br /> May 18, 2006 <br />