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2 <br />a. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort or general welfare. <br />b. That the special use will not be injurious to the use and enjoyment of other property in <br />the immediate vicinity for the purposes already permitted, nor substantially diminish and <br />impair property values within the neighborhood. <br />c. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in the <br />district. <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are <br />being provided. <br />e. That the special use shall in all other respects conform to the applicable regulations of the <br />district in which it is located. <br />9. The Planning Commission considered the Variance request in accordance with Zoning Code <br />Section 8-210, which refers to Minnesota Statutes 462.357, Subdivision 6. <br />10. The Planning Commission found all Special Use Permit and Variance criteria to be met, <br />based on the following findings: <br /> a. All setbacks to the north, south and east are met. <br /> b. Adequate off-street parking is provided for day-to-day use. <br /> c. All removed landscaping will be replaced. <br /> d. A traffic study will identify project weaknesses, which will then be corrected. <br /> e. The parking lot reconstruction will improve bus, passenger-vehicle, and <br />pedestrian/student safety. <br /> f. The number of access points from 7th Avenue NW will be reduced from 3 to 2. <br /> g. Utilities and drainage are being appropriately engineered with the proposed <br />reconstruction. <br /> h. All new lighting will comply with the standards in Chapter 11 of the Zoning Code. <br /> i. The applicant has demonstrated the practical difficulties of the building location, track <br />location, and an increase in the number of buses needed to serve the school prevent <br />compliance with the 30’ parking lot setback to the western side property line. <br /> j. The encroachment into the 30’ setback is reasonable as it will only be a drive-lane and <br />not parking spaces. <br /> k. A significant grade change exists between the encroachment area and the nearest home, <br />reducing any potential for long-term negative impacts. <br /> <br /> <br />NOW THEREFORE BE IT RESOLVED THAT based upon the above findings of fact the <br />application for a Special Use Permit (PSR18-0002) and Variance (PZL18-0004) are hereby <br />recommended to the City Council for approval, subject to the following conditions: <br />1. The parking lot is reconstructed in a manner consistent with the submitted plans attached to <br />the Planning Report dated May 15, 2018. <br />2. The comments contained in the Interoffice Public Safety memo are addressed to the <br />satisfaction of Public Safety staff. <br />3. The comments contained in the Interoffice Public Works/Engineering memo are addressed to <br />the satisfaction of the City Engineer. <br />4. If the traffic study reveals substantive changes are necessary to the submitted plans attached <br />to the Planning Report dated May 15, 2018, the plans shall be reconsidered before the <br />Planning Commission and City Council following a new public hearing.