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515 Little Canada Road. Little Canada. MN 55117 -1600 <br />(651) 484 -2177 / FAX: (651) 484 -4538 <br />MEMORANDUM <br />TO: City Council Members <br />Joel Hanson, City Administrator <br />FROM: Elizabeth Mursko, Code Enforcement Officer <br />DATE: August 6, 1998 <br />RE: Hardee's Restaurant Review for Conditional Use Permit (CUP) <br />MAYOR <br />Michael I. Fahey <br />COUNCIL <br />Beverly Scalze <br />Jim LaValle <br />Steve Morel= <br />Bob Pedersen <br />ADM1IVISTRATOR <br />Joel R Hanson <br />BACKGROUND <br />Mr. Douglas Swalboski is requesting a reinstatement of his conditional use permit (CUP) <br />retroactive to May 13, 1998 as his expiration date is June 13, 1998 and according to city zoning <br />ordinance a request for extension needs to be conducted thirty (30) days prior to expiration. <br />This request is subject to recommendations and review by the City Council and the Planning <br />Commission per the zoning ordinance. The City Staff and Mr. Douglas Swalboski are requesting <br />the City Council to review this request at the August 12, 1998 meeting to avoid a special meeting <br />prior to the next scheduled Council meeting due to the re- opening date of the restaurant. The <br />City staff would request that the resolution include consideration to any Planning Commission <br />recommendations made at the August 13, 1998 meeting. Mr. Swalboski hopes to re -open the <br />Hardee's restaurant on August 25, 1998. <br />The subject site is zoned B -3, General Business. According to City Ordinance convenience food <br />is a permitted conditional use in this district. <br />ISSUE ANALYSIS <br />Conditional Use. Conditional uses are those uses, which, while conforming in general to the <br />intent of the zoning district, require the implementation of special, extraordinary conditions to <br />ensure conformance to the City's Land Use Plan. In the case of convenience, or "fast- food" <br />restaurants, those conditions typically relate to site layout and circulation problems caused by <br />drive- through service windows, and extra parking needs resulting from the higher intensity of <br />patronage over a typical full service restaurant. <br />Page 6 <br />