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---~ -,- MAS LON EDELl\.IA..N BORMAN & BRAND " ""'fouioltOl Li>njUd Liobilily l'arlnvohip October 27, 1995 Page 2 Information provided to the City by Bernstein indicates that the proposed Car- X development will be compatible with the other similar businesses in the B-3 District, particularly the Alpha Muffier & Brake Shop. Bernstein's report next details that any potential noise, light, or visual effect to the abutting properties will be screened off by the building's rear wall, a wood fence, and the landscaping design. Any trespass of light to the abutting properties will be additio~ally minimized by Car-X's use of a "down cast shoe box fixture." . Finally, Bernstein presented information that the proposed Car-X would enhance the surrounding retail stores, convenience stores, and restaurants by generating more business in the area. After reviewing Bernstein's application, the Roseville Planning Department issued its report (the "Report"). The Report supported the facts set forth in Bernstein's application, and indicated that the proposed development is consistent with the City's Comprehensive Plan. The Report concluded that Car-X's site plan and building configuration would work well on the site; the building materials, trash storage, rooftop screening, landscaping and site lighting are all consistent with the City's design standards; and the traffic would be less than that created by the original development on the property. The Planning Department recommended approval subject to Bernstein's compliance with five specified conditions. Bernstein has indicated that he intends to comply with all of these conditions. On October 23, the City Council conducted its public hearing. The City Council expressed concern that the Car-X Store would not be consistent with the other businesses in the B-3 zone, its prorosed "ydlowsignage" would be problematic, and the lot may be too small for its intended use. A representative fTom the apartment complex, to the North of the property, expressed concern that the proposed development would be unsightly and generate noise. A similar objection was made by letter to the Planning Commission by Kuefler Property Management, on behalf of Rosewood Village Condominiums. Notwithstanding these objections, however, Mr. Bernstein's application, which is supported by the Report, evidences that any noise generation will be minimal and the development will be sufficiently screened off fTom the abutting properties. LAW AND ANALYSIS In reviewing whether a city council acts within its authority to deny a Permit, the focus is on whether there was a rational basis for the decision. See Hay v.