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Planning Commission Resolution 2018-030CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION/BOARD OF ADJUSTMENT AND APPEALS RESOLUTION NO. PC -2018-030 APPROVING AN APPEAL OF AN ADMINISTRATIVE LAND USE DETERMINATION RELATING TO A MIX OF COMMERCIAL USES ON PROPERTY IN THE "B-299, LIMITED BUSINESS DISTRICT AT 1549 EAST BROADWAY STREET WHEREAS, the applicant has proposed to lease a multi -tenant commercial building for a variety of purposes, including dance instruction, fitness, and private events; and WHEREAS, the property is zoned B-2, Limited Business District; and WHEREAS, the proposed uses are variously described by the zoning ordinance as "personal services", "places of public assembly", and/or "entertainment-indoor/commercial; and WHEREAS, the site is guided for commercial uses under the label "Places to Shop" in the City's Comprehensive Plan; and WHEREAS, the specific uses are limited in scope by the size of the property; and WHEREAS, the Community Development Department found that the proposed uses may not all meet the requirements of the land use section of the B-2 zoning district; and WHEREAS, the applicant has chosen to appeal the Community Development Department's administrative determination, pursuant to Zoning Ordinance Section 2.4(G); and WHEREAS, the Planning Commission, sitting as the Board of Adjustment and Appeals, held a public hearing on November 5, 2018 on the application and the appellant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Board of Adjustment and Appeals has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Board of Adjustment and Appeals of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The zoning ordinance encourages, through the B-2 zoning district, commercial uses that are limited in scope for the subject site. 2. The proposed uses, due to the nature of the property and buildings on the site, would be limited in scope, in accordance with the intent of the zoning ordinance. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION/BOARD OF ADJUSTMENT AND APPEALS RESOLUTION NO. PC -2018-030 3. The zoning ordinance definitions and allowed uses are unclear in how they apply to all of the aspects of the proposed uses. 4. The proposed use will be unlikely to have any negative impacts on the surrounding streets or other public infrastructure. 5. The proposed use will be unlikely to have any negative impacts on the surrounding land uses. 6. The proposed uses are compatible with the surrounding area and the expectations of the zoning ordinance for the subject property. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission, sitting and the Board of Adjustment and Appeals, of the City of Monticello, Minnesota, that the Board hereby approves the uses proposed by the Appellant, and directs the Community Development Department to issue the appropriate permits for the proposed uses, provided the site and building are consistent with all other related and applicable codes and requirements. ADOPTED this 5th day of November, 2018, by the Board of Adjustment and Appeals of the City of Monticello, Minnesota. ATTEST: Jeff QXOVity Administrator MONTICELLO PLANNING COMMISSION/ BOARD OF ADJUSTMENT AND APPEALS r By: Sam Murdoff, Acti hair 2