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23 24 4.2 Such applications were formerly referred to as conditional use permits, but the word 25 "permit" is being eliminated in an effort to sharpen the distinction between building 26 permits and land use approvals like this. Although this represents a change in 27 terminology, the nature of conditional use approvals will remain the same because they 28 never actually involved permits per se. 29 5.0 STAFF COMMENTS 3o 5.1 City records indicate that the existing Pawn America store was established in 1994, when 31 pawn shops were permitted uses in B -3 districts. Pawn stores did not become conditional 32 uses until 2004, when Ordinance 1305 significantly revised the format of Chapter 1005 33 (Business Districts) of the City Code. Although City records do not include any 34 indication of why this substantive change was made, it had the effect of converting the 35 conforming Pawn America store into a legal, nonconforming use. 36 5.2 State Statute 462.357 subd. le protects a legal nonconforming use like this by mandating 37 that it be allowed to continue operating in ways that don't create a more nonconforming 38 condition; that is, the existing Pawn America can be maintained and improved, even 39 increase the volume of its transactions within the existing store, without requiring 40 CONDITIONAL USE approval from the City. 41 5.3 Planning Division staff has determined, however, that the physical expansion of the pawn 42 store's footprint within the shopping center would amount to increasing the 43 nonconformity, and would thereby disqualify it from the protections of MN Statute 44 462.357. In order to operate as the physically larger store currently proposed, Pawn 45 America must receive the approval required for CONDITIONAL USES, and thus become a 46 conforming use. 47 5.4 Section 1013 of the Roseville City Code allows the City Council to grant coNDl`r1oNaL 48 USE approvals for land uses that are conditionally permitted in a zoning district and, in 49 order to protect the public health, safety, and general welfare, any additional conditions 50 deemed necessary may be imposed that are above and beyond licensing requirements or 51 other operating regulations. In light of the existing regulations on pawn stores established 52 in §311 (Pawnbroker& Precious Metal Dealers) of the City Code (included with this staff 53 report as Attachment C), Planning Division staff does not recommend much in the way of 54 additional conditions. 55 6.0 REVIEW OF CONDITIONAL USE CRITERIA 56 6.1 Section 1013.01 (Conditional Uses) of the City Code requires the Planning Commission 57 and City Council to consider the following criteria when reviewing a CONDITIONAL USE 58 application: 59 a. Impact on traffic; 60 b. Impact on parks, streets, and other public facilities; 61 C. Compatibility of the site plan, internal traffic circulation, landscaping, and 62 structures with contiguous properties; 63 d. Impact of the use on the market value of contiguous properties; 64 e. Impact on the general public health, safety, and welfare; and PF09 -011 RCA 051809.doc Page 2 of 4