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• Owner of Embers business says landlord has assured him he has no firm offer and intends Embers to continue. • Resident has concerns about drive-through at night, lights. Embers is good at night because "nothing is going on." Chose FH because of friendly, small-town feel; traffic increase will give second thoughts. Dino's can control speaker volume but not customer behavior. Has contacted realtor to ask about impact on property values. Realtor's response was, "You absolutely don't want adrive- through." • George Sherman: Reality is that a restaurant will probably be there; economics require adrive- through. The variances are reasonable. Setback is consistent with other buildings and will be 50-60 feet back if Snelling easement is acquired. Landscaping would be more than existing and reasonable considering other constraints. He confirmed purchase agreement has been signed, earnest money paid. • Resident said she didn't like underlying threat of something else coming into neighborhood if Dino's doesn't. • Resident suggested "destruction of neighborhood" more expensive proposition. Young children most affected by lower amount of landscaping, increased traffic. Named individual little children in neighborhood who will be subjected to hardship. • Why was 25% landscaping required? Must be for. good reason. "Don't pave paradise." • ? (to be added from review of video) • Jason Adamidis for Dino's: Outlined improvements to fence, screening. Gave family point of view on desire to stay in FH, own land under their business, need for drive-through to justify large investment. • Clark Wicklund, Alliant Engineering: Designers exhaustively explored other options for positioning of building and drive-through on site. This configuration accomplishes many things for both Falcon Crossing mall and Dino's. • Embers employee cites a lot of feedback from Embers customers, thinks land [ownership] issue has not been discussed. • Resident: Could drive-through be open only for lunch? Jason: Too confusing to customers; they would keep their current hours (Mon. -Thurs. 10 - 10, Fri. -Sat. 10 to 11, Sunday 10 to 9). • Jason A: Dino's and Sherman have been working on this for about a year. • Lageson to City Attorney: What happens to variances if land purchase does not happen? Answer: Variances only apply if purchase goes through. • Harris: If Dino's is not approved, does it stop SE Corner? Worthington: Not necessarily. • Lukerman: Is it within purview of City to set hours of operation? Worthington: No. • Ryan: Can variance be passed with conditions? City Attorney: Cannot impose conditions without some nexus between the conditions and the variance. [Note: the drive through as designed is code- compliant.] • Harris: Can variances be voted on separately? Answer: Yes. • Resident: Why are we talking about variances when land has not changed hands? Worthington: City has an understanding that a purchase agreement is in effect. Hearing closed. Motion (Lukermann/? to be added from review of video) to recommend approval of variance on front setback. Discussion. • Action: Motion carried. Multifamily Development Agreement June 6, 2003