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02 - Anderson Brothers Appeal
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01-11-2006 Special Council Meeting
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02 - Anderson Brothers Appeal
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S DELIN <br /> Page 3 <br /> January 9, 2006 <br /> A. The following must be met: <br /> 1. The use or development is an appropriate conditional use in the land use zone. <br /> 2. The use or development, with conditions, conforms to the comprehensive land <br /> use plan. <br /> 3. The use with condition is compatible with the existing neighborhood. <br /> 4. The use with conditions would not be injurious to the public health, safety, <br /> welfare, decency, order, comfort, convenience, appearance or prosperity of the <br /> City. <br /> B. The following must be considered: <br /> 1. The conditional use should not be injurious to the use and enjoyment of other <br /> property in the immediate vicinity for the purpose permitted on that property, nor <br /> substantially diminish or impair values in the immediate vicinity. <br /> 2. The conditional use will not impede the normal and orderly development and <br /> improvement of surrounding vacant property for uses predominant in the area. <br /> 3. The conditional requirements at public cost for public facilities and services <br /> and will not be detrimental to the economic welfare of the community. <br /> 4. The conditional use will have vehicular approaches to the property, which are <br /> so designed as not to create traffic congestion or an indifference with traffic on <br /> surrounding public thoroughfares. <br /> S. Adequate measures have been taken to provide sufficient off-street parking and <br /> loading space to serve the proposed use. <br /> 6. Adequate measures have been taken or will be taken to prevent or control <br /> offensive odor,fumes, dust, noise, and vibration, so none of these will constitute a <br /> nuisance and to control lights and signs in such a manner, that no disturbance <br /> to neighboring properties will result. <br /> 7. The conditional use will not result in the destruction, loss or damage of a <br /> natural, scenic or historical feature of major significance. <br /> 8. The conditional use will promote the prevention and control of pollution of the <br /> ground and surface waters including sedimentation and control of nutrients. <br /> If the City Council determines the some or all of the above items do not support approval of the <br /> Conditional Use Permit Application then the City will need to set forth the reasons why the <br /> Application should not be approved, and vice versa. From my review of the minutes from the <br /> Planning Commission meeting the Planning Commission identified eight findings utilizing the <br /> above-referenced factors. If the City Council is inclined to uphold the decision of the Planning <br /> Commission I would recommend that the City Council perhaps further clarify each basis for <br />
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