7E Modification of Conditional Use Procedure

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The property is located in the Y-FLEX zoning district. The City's Zoning Code requires all modifications of a building's exterior in this district to go through a Conditional Use Permit review process (Sectian 1320.12 Subd 1}. However, i� this unique case, the propased madification would have no irnpact on traffic, parking, the buildings footprint, landscaping, or any other criteria typically associated with ihe Conditional Use Permit review criteria. Section 1320.12 Subd 1 of the Zoning Code allows the Conditional Use Pern�it procedure to be modified by tlae City Council in order to a11ow planning flexibility and to encourage cooperative dialague between tha applicant and the City. Section 1320.12, Special Requirements for the I-Flex District, states: Subd. 1 Parocedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Pernlits, and Appendix A, Procedural Manual shall be followed for aIl develapment that involves new building consta-�ction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications ar additians set forth in this Section. The prescribed procedure may be modified by the City to allow pianning flexibility and to encourage cooperative dialogue between the appiicani arid the City. Section 1355.Q4, Subd 3, Paragraph F af the Zoning Code outlines tl�e requirements for Canditional Use Permits and, in part, staies: The Council shall consider the factual findings, conclusions and �ecommendations of the Planning Conzmission, as contained in its Yeport, and �ioth shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of surrounding land, in particular, and the community as a whole, in gener�al, incduding but not limited to the following factors: existing and anticrpated traffic and parking conditions; noise, glare, odors, vibratian, ssnoke, dust, ai� potlution, heat, liquid or salid waste, and other nuisance characteristics; d�ainage; population density; visual and land use compatihility with uses and structures on surrounding land; adjoining land values; par�k dedications where applicable, and the o�derly development of the neighborhoad and the city within the general purpose and intent of this Zoning Code and the CompYehensive Development Pian for the City. Due to the insignificani changes on the exisiing siructure, the proposed madifications would have no impacts on t�e Conditional Use Permit cr�teria. The glass addition v�rould not be vi�ib�e frozn �he right-of �way, nor any neighboring properties. There would be no i�crease in impervious coverage, since the area being enclosed is a concrete entryway. If this z-equest is approved, al� oiher review requirements and City and Building Code requirements would apply to the project and appiication. Recommendation I1Metro-inet.uslarrdenhi11s1PlanninglYlartning Cases41008108-023 Smith 1Lfedical108250$ - CC Repart - Srnith Medicad.doc Page 2 of 3