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~. '--I! I~ . 12. The proposed use is incompatible with adjacent and nearby residential uses and with I the residential character of the neighborhood in the vicinity of the subject site. " 13. The proposed use does not conform to applicable regulations of the B-2 district. Specifically, the site currently has significant deficiencies in front and rear yard setbacks. The regulations for rear yard setback for parking in the district is 5 feet, while the parking lot on the subject site is setback 0 feet from the property line. The required front yard setback for the district of parking areas is 30 feet, while the subject site's existing setback varies from 30 feet to 5 feet. Additionally, the proposed use involves construction of a fuel pump canopy which is 5 feet closer to the property line than is allowed by the regulations for structures in the district. The proposed use therefore involves an intensification of development on what is already, in some respects, an overdeveloped site. ;: 14. The nuisance characteristics of the proposed use described above will tend to reduce property values of adjacent and nearby residential properties, cause a disincentive to reinvestment and be a contributing factor to blight and deterioration of the neighborhood. 15. All other gasoline sales facilities in the city are located in B-3 districts, where they are permitted uses. Such uses in B-2 districts, are allowed only by special use permit where the standards set forth in city code section 8-130 are met. Given the foregoing findings, the Council concludes that the applicant has not established that the following standards of section 8-130 are met: a. The establishment, maintenance or operations of the special use will be detrimental to or endanger the public health, safety, morals, or comfort of the general public. b. The special use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. Adequate utilities, access roads, drainage and/or necessary facilities have not been and are not being provided. e. The special use shall. in all other respects, does not conform to the applicable regulations of the district in which it is located. 16. City code section 8-110 provides for the issuance of special use permits where proposed uses are "in harmony with the various elements or objectives of the comprehensive plan..." The City Council concludes, on the basis of the foregoing findings, that the proposed use on the subject site is not in compliance with the following elements of the city's land use plan: :; LAND USE Goals . Interrelate land uses and design developments to minimize conflicts between different land uses. . Strive to protect and maintain the quality of New Brighton's residential neighborhoods. Page 2 of 31