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ARDEN HILLS PLANNING COMMISSION – January 8, 2020 2 use by right under the current Zoning Code. The Subject Property is located at 1261 County Road E. Associate Planner Hartmann reported the Subject Property is a veterinary clinic facing County Road E in the B-2 General Business District that has been in continuous operation since 1984. At the time, a veterinary clinic was not a permitted use for the Subject Property within the B-2 District. However, on April 23rd, 1984, the City Council approved Special Use Permit Case No. 84-5 (“Case No. 84-5”) that gave the Applicants permission to operate a clinic, which the Zoning Code defines in City Code Section 1305.04 as a building for out-patient medical treatment of humans or small animals. Case No. 845 included conditions of approval such as a limit on the business hours and number of employees. When the City adopted its current Zoning Code in 1993, the Subject Property no longer needed a Special Use Permit to operate a clinic in the B-2 District because the clinic is permitted in the B-2 District under the current Zoning Ordinance as per Section 1320.05. However, under the current Zoning Ordinance, a clinic with an accessory use as a kennel for the boarding of animals still requires a Conditional Use Permit. Associate Planner Hartmann explained the current use of the subject property is not intensifying from its original approvals and there are no exterior modifications proposed site with this request. It is important to note that the subject property is non-conforming due to the size and setback requirements of the lot and a variance was granted as a condition of approval for Planning Case No. 84-5. Per the city attorney, the previously approved variance will carry over to the new Conditional Use Permit as a condition of approval. Staff note that in the 35 year history of the clinic operating at that location, there have been no code enforcement complaints regarding traffic and parking conditions and other nuisance characteristics, and Staff does not anticipate that approval of the Conditional Use Permit Amendment will have a negative impact. Associate Planner Hartmann reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact: General Findings: 1. The Subject Property is located at 1261 County Road E in the B-2 General Business Zoning District. 2. The Subject Property is the Arden Shoreview Animal Hospital, defined as a clinic use in Section 1305.04 in the City Zoning Code. 3. At the time it received approval, an animal clinic was not a permitted use and required a Special Use Permit. 4. The Subject Property has been continuously operated as a clinic for 35 years. 5. The City’s Zoning Code was amended in 1993 to allow clinics by right in the B-2 General Business District. Conditional Use Permit Amendment Findings: 1. The Subject Property was previously granted a Special Use Permit to operate a veterinary clinic on the Subject Property in 1984 (SUP 84-5). 2. The Subject Property has not been expanded, renovated, or modified since the Special Use Permit was issued. 3. These are the first amendments to the SUP proposed since it was initially approved. 4. An application for amendment shall be administered in the same manner as required for a new application.