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Staff Recommeudation Conditional uses are considered similar to regular "permitted" uses; however, the CUP process allows a City to investigate a proposal in greater detail and apply conditions to mitigate potentially negative impacts of a use. When a negative impact is brought forth, the first step is to determine if the negative impact can be mitigated with a condition. In cases where a negative impact caunot be mitigated and/or the impact would have a continuing detrimental impact on the City or neighborhood, the City can deny conditional use permit applications. To deny a CUP, the City state must demonstrate for the record why a conditional use will have a continuing or unmanageable negative impact. Public input is an important part of the process; however, the decision to approve or deny any CUP must be made on facts and caunot be solely based on public support or opposition. Nevertheless, public input is an important and needed part of the process. Staff understands and respects the concerns of all neighbors that are troubled by the perceived or potential affects of storing an RV in the rear yard of a residential property. While most RVs may have little visual appeal, the Ci1y's Zoning Code does permit storing a 28 foot to 34 foot long RV in the rear yard of properties with a conditional use permit. Therefore, while the RV is unlikely to enhance the visual appeal of the property, Staff is unable to forward any factual reasons or unmanageable impacts that would serve to deny this CUP application. Therefore, Staff recommends approval of Planning Case #07-006 for a Conditional Use Permit at 3641 North Pascal Avenue subject to the following nine conditions: 1. The landscaping shall be fully installed and inspected before the R V is stored on the property. 2. The R V shall not be parked closer than fifteen feet to the fear or side property lines. 3. The applicant shall submit a $500 financial surety to the City which shall be returned to the applicant provided the proposed evergreen trees are alive and in an acceptable condition to the City Forester and City Plauner no earlier than one year after the installation of the trees. The landscaping inspection shall only occur during the growing season. The surety shall be submitted prior to issuance of the conditional use permit. 4. The RV shall not be used for living, sleeping, or housekeeping purposes while being stored in the City. 5. The RV shall be property licensed, owned by the property owner, in an operating condition at all times, and movable at all times. 6. The RV shall not be permanently affixed to the ground or in a mauner that would prevent removal. 7. While stored, the R V shall be enclosed by a cover that is of a neutral, earth-tone color. 8. The applicant shall demonstrate proof of ownership of the RV upon request from the City. 9. The City Attorney shall draft a conditional use permit that shall be signed by the applicant prior to storing the R V on the property. \\Metro-inet.us\ardenhillsIPlanninglPlanning Cases\2007\07-006 Hagen CUP (PENDING)\071J07 -PC Report -Hagen CUP. doc Page 7 of 8 City of Arden Hills Planning Commission Meeting for July 11, 2007