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H. There appears to be no impact on general health, safety, and public welfare. However, the Minnesota Department of Health and the Minnesota Pollution Control A2enCY must be notified of the potential re-openin2. L The project complies with the Comprehensive Plan designation (via the CUP process) as a Business use, 5 A Conditions may be attached to the CUP that would mitigate the impact on adjacent properties including such items as increased setbacks from property lines, landscape screening, architectural color and design/materials details, drainage provisions, and limiting additional exterior storage, 6.0 VARIANCE REVIEW: 6,1 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the city council shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. 6.2 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms ofthe ordinance....The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect" . 6.3 The existing property has many pre-existing non-conformities, some of which cannot be corrected, and thus variances are necessary. The Community Development Staff has reviewed the site and concluded the following: PF3488 - RPCA 060403 - Page 4 of 7