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Page 7 Special Use Permit As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find: a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public. b. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located. The proposed use will not be detrimental to the public health and safety, and will not negatively effect property values in the area. This site will be served by existing utilities, and as demonstrated above, will comply with all applicable zoning code requirements. The impacts on roads will be determined by the traffic study by SEH. Nonconforming Use Permit It is recognized that there are uses of land, structures, and combinations which were lawfully established and which do not now comply with all applicable portions of the City Code. The subject Minar Ford is an example of such a use. While it is recognized that such nonconforming uses may not be summarily terminated, it is the purpose of Section 8-410 to discourage their survival. Further, the Code requires, at a minimum, the reduction of the impact of the nonconforming use. As mentioned, the nonconformities associated with Minar Ford involve the existing front yard parking setback requirements that are not met. However, the parking area along 27th Avenue NW contains a retaining wall that effectively screens cars from the adjacent property to the west. Also, the setback along Service Drive is 20 feet, however, the green area separating the parking spaces from the paved portion of the street is 50 feet. The applicant desires to vacate Service Drive in the near future, as a result, this non- conformity would be eliminated. Therefore, staff feels that it is not necessary to expand the green area in either location to reduce the impact of the nonconforming use. I:\COMMDEV\CD\-98-CC\REPORTS\KEVI N\808M I NAR.WPD