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• Commissioner Harris asked if any consideration had been given to positioning the drive-through off Snelling instead of Crawford. This was addressed by Clark Wicklund of Alliant Engineering, who explained that all possibilities of positioning the restaurant had been exhausted in the planning stage, and that no other way had been found to position the building that would accomplish all that needs to be accomplished with respect to both the restaurant and the shopping center. In response to a question from Commissioner Lukermann, he said he did not know what percentage of the lot is taken up by the drive-through. Raymond Worth spoke again in favor of Dino's staying on the SE Corner and against the "destruction of Embers." Dino Adamides, owner of Dino's, spoke to reassure the audience that no threat was intended or implied, that the drive-through is a permitted use, and they only want to use the property as allowed. Todd Skayne (?), an employee of Embers, spoke in support of the fine cuisine at Embers. He does not think the variances should be discussed right now, when the land ownership issue has not been settled. Commissioner Ziebarth asked what the hours of operation would be and if the drive-through could be closed down in the evening. Jason Adamides replied that the hours would be the same (10 - 10 Monday through Thursday, 10 - 11 Friday -Saturday, 10 - 9 Sunday), and that it would be too confusing to customers if the drive-through were not open the same hours. . Chair Lageson asked what would happen if the variances were passed and the purchase of the property did not go through. Soren Mattick, representing the City Attorney, said the variances would not go into effect unless the purchase is completed. Commissioner Harris asked if denying the lot coverage variance will effectively stop Dino's from being built. Administrator Worthington replied that eliminating the drive-through would not necessarily make it possible to meet the landscaping requirement. In response to a question from Commissioner DeLeo, Ms. Worthington said that postponing a decision on the variances might put the City in violation of the statutory 60 day limit on variance decisions. In response to a question from Commissioner Harris, Ms. Worthington said that it would not necessarily stop the SE Corner development if the Dino's variances were denied but it might delay things. In response to a question from Commissioner Lukermann, Ms. Worthington said that setting business hours is outside the purview of the City government. Commissioner Ryan asked if variances could be granted with conditions on hours of operation, etc. Attorney Mattick said that the Commission would have to establish some connection between the variance and the condition in order to do that. Ms. Worthington clarified that the variances could be voted on separately. In response to a member of the audience questioning why variances are being considered with the sale of the property is not official, Ms. Worthington repeated that the City has an understanding that a purchase agreement exists and that the variances will only apply if the sale goes through. There being no further comments, the hearing was closed. CONSIDERATION OF VARIANCES FOR DINO'S RESTAURANT • Chair Lageson reminded the Commission and audience that the Commission would be voting on recommendations to the City Council, which would make the final decision. 03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 7 of 8