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03/08/2010 Council Packet
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03/08/2010 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
03/08/2010
Council Meeting Type
Regular
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1' Reading: February 22, 2010 <br />Publication: <br />2nd Reading: <br />Effective: <br />Council Member moved for adoption of the following ordinance: <br />CITY OF LINO LAKES <br />ORDINANCE NO. 04-10 <br />AN ORDINANCE AMENDING 'I kith ZONING ORDINANCE TO AMEND <br />REQUIREMENTS FOR OUTDOOR SEATING AND DEFINE GOLF COURSE USES <br />Section 1 Findings <br />1. The Lino Lakes Zoning Ordinance currently requires a conditional use permit for restaurants <br />with accessory outdoor dining facilities. <br />2, <br />It is not clear that the language in the Zoning Ordinance addresses informal seating, seating <br />without dining, or non - restaurant outdoor seating. This ambiguity creates difficulty for the <br />public and city staff in administering the performance standards. <br />3. Whereas site plan reviews for new commercial buildings are reviewed administratively, a <br />conditional use permit requires a public hearing and approval by the city council. This adds <br />time and expense for a business without providing a benefit to the public that can't be <br />provided through an administrative review. Revising this requirement will create a more <br />friendly environment for new and existing businesses. <br />4. The category of conditional uses is intended for non - standard, atypical uses or elements. <br />Section 2, Subd. 2. A. of the zoning ordinance states: "Certain uses, while generally not <br />suitable in a particular zoning district, may under some circumstances be suitable. When <br />such circumstances exist, a conditional use permit may be granted." There is no reason to <br />consider outdoor seating "generally not suitable" in a business zone that allows restaurants <br />and retail as permitted uses. As long as standards are established that ensure that the seating <br />will not pose a threat to public health, safety, and welfare, outdoor seating is a benefit to both <br />the public and the individual business. <br />5. Section 2, Subdivision lof the Zoning Ordinance requires consideration of possible adverse <br />effects of a proposed zoning amendment and that the judgment of a proposed amendment to <br />the Zoning Ordinance shall be based upon, but not limited to, the following factors: <br />1. The proposed action has been considered in relation to the specific policies and <br />provisions of and has been found to be consistent with the official City <br />Comprehensive Plan. <br />• <br />• <br />
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