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• FALCON HEIGHTS CITY COUNCIL MINUTES -4- June 11, 2003 Variance Request for Dino's G~ (continued) Mr. Scott Noble, 1539 Crawford, asked if the exit would line up with Asbury. Administrator Worthington said she didn't know if it lines up or not. Her hunch is that it doesn't but she will check and get back to him on that. Mr. Raymond Wirth, 1795 Pascal, said the first meeting regarding Embers was held on May 13. At that time he mentioned it was his impression that this was a done deal. The property hadn't been purchased at that time. Who has bought it? Administrator Worthington said George Sherman has purchased the property. He will convey the property to Dino once the building is built. Mr. Wirth asked if they would get TIF. Administrator Worthington said that property is not a part of the TIF District. Mr. Wirth said he feels this is unfair to the guy who leased the Embers' building. A lot of people enjoy going to Embers. He asked if the Council looked at the petition he presented to the Planning Commission. Mayor Gehrz said she had not seen it, but part of the reason people would have signed the petition was because of concern about adrive- through. The owners of the Embers property have the right to sell their property. If you want to sell your house, the City can't tell you not to. Mr. Wirth said that this looks like it's intentionally on a fast track. Administrator Worthington explained there is a State statute that lays out a specific process that must be followed with applications, and the statute stipulates a 60-day review. If the City Council doesn't make a decision within the 60-day review period, there is an automatic approval of the application. She said the City did not initiate this process. Mr. Wirth said that people think this was a done deal. He feels bad about Falcon Heights. Mayor Gehrz thanked Mr. Wirth for his comments. and said she knows that he put in a lot of time, which shows that he cares about this community. You don't always have the result that you would like to see. The fact that there is a new plan for Dino's shows that Dino and his family listened to the concerns of the community. This is a real sign of success. Council member Lamb said that the SE Corner is a huge project and it will have a huge impact. The developer has tried to relocate the businesses and should be applauded for his efforts. Dino's has been a business in the community for many years and Dino has addressed many of the residents' concerns. Lindstrom moved approval of a front yard .setback variance request of 14.25' for a new Dino's Gyros restaurant, which will be developed on property with the current address of 1700 Snelling Avenue North. The motion was unanimously approved. • 4