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,� • <br /> ' FILE#11-3510 <br /> . 16 June 2011 <br /> • Page 3 of 4 <br /> Additionally, in determining whether to approve or deny a CUP, the city council and planning commission <br /> shall find that the CUP complies with the following criteria listed within City Code Section 78-823(B): <br /> Comprehensive plan. The applicant's request has been considered in relation to the specific policies and <br /> provisions of and has been found to be consistent with the official comprehensive plan of the city. <br /> The industrial use of this property continues to be supported in the Comprehensive Plan. <br /> Compatibilitv.The proposed use is compatible with adjacent present and future anticipated land uses. <br /> The property is currently zoned for and continues to be guided for Industrial uses. <br /> Performance standards. The proposed use conforms with all applicable perFormance standards contained <br /> in this division.- <br /> The Industrial District code does not specifically define a 'front yard" requirement only building and <br /> parking setbacks. The outdoor storage area wil!meet the 10 foot setback required for parking areas and <br /> drive aisles from minor streets, rear and side lot lines. <br /> No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is <br /> proposed. � <br /> Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and <br /> future development in adjacent areas. <br /> � The property shall not be considered a nuisance. <br /> Economic return.The use will provide an economic return to the community and be commensurate with <br /> other industrial uses for which the property could feasibly be used. In considering the economic return to � <br /> the city, the planning commission and city council may give weight to the sociological impact of proposed <br /> use, both positive and negative. <br /> Landscaping Requirements . <br /> According to City Code Section 78-829 regarding Industrial District landscaping: "Where any industrial use <br /> abuts a property zoned for residential use, the industry shall provide screening of the parking areas along <br /> the boundary of the residential property. Screening of such parking areas shall also be provided where a <br /> business or industry is directly across the street from a residential zone." The properties to the east and <br /> � west of Ryan's property are zoned for Industrial use. There are residential properties to the south of this <br /> property.however new Highway 12 separates the Industrial property from the residential, therefore <br /> Ryan's property is not directly abutting the residential�properties. No specific screening is required by <br /> Code. � <br /> Staff Analysis <br /> When the plat of Crystal Bay Business Center was created in 2007, 2725 Wayzata Blvd became a through <br /> lot. As the industrial park develops Orono Industrial Boulevard will be constructed and will run across the <br /> southern property line, resulting in two front yards for the property. Staff questions the appropriateness <br /> of an open storage area within what will essentially become a front yard. This is a situation where an <br /> interim use permit may be appropriate; however the Crystal Bay Business Center is covered under a <br /> development contract. An amendment to the development contract or agreement would be an <br /> appropriate mechanism to enter into an agreement with the developer to sunset the outdoor stor�ge use <br /> when the rest of the industrial park develops. � <br />