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HomeMy WebLinkAbout2003-046 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 03 -46 RESOLUTION APPROVING SITE AND BUILDING PLANS AND APPROVING CONDITIONAL USE PERMIT FOR AN ACCESSORY DRIVE THROUGH DAIRY QUEEN CHILL AND GRILL WHEREAS, the City has received an application for site and building plan approval for a 3,487 square foot restaurant and an application to approve a conditional use permit for an Accessory Drive - through Facility; and WHEREAS, the legal description of the property is: Lot 1, Block 1, Market Place 2nd Addition ;and WHEREAS, the site and building plan and conditional use permit approval request is based on the following plans prepared by Welman Sperides Architects: Site Plan dated 4/4/03 Landscape Plan dated 4/4/03 Grading, Drainage and Erosion Control Plan dated 4/4/03 Utility Plan dated 4/4/03 Exterior Elevations dated 4/4/03 Photometric Plan dated 4/4/03 ;and WHEREAS, at their meeting on March 12, 2003, the Planning & Zoning Board held a public hearing on the site and building plan review and conditional use permit request for an Accessory Drive - through Facility and recommended approval with conditions; and WHEREAS, the City Council of the City of Lino Lakes finds that, the following findings of fact apply to the Conditional Use Permit request for an accessory drive- through as required by Section 2, Subdivision 2.B. of the zoning ordinance: a. The use will not be detrimental or endanger the public. b. The application will be harmonious with the general and applicable specific plans and policies of the comprehensive plan. The comprehensive plan guides for commercial use of this site. The proposed use is consistent with the master plan of the Market Place PDO. c. The application is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that • • area. The Building design is consistent with the architectural requirements of the Market Place PDO. d. The application will be served adequately by essential public facilities and services, including street, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. The application will not create excessive additional requirements at public cost for public facilities and services and will enhance the economic welfare of the community. f. The application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed commercial uses upon this site should not create any excessive externalities that would be abnormal to the character of commercial sites. g. The application has vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. The application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. The application conforms to specific standards of this ordinance applicable to the particular use. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the site and building plan subject to the following conditions: 1. The Utility and Grading and Drainage plans shall be subject to final review and approval by the City Engineer. 2. The applicant shall enter into a Site Performance Agreement with the City. BE IT FURTHER RESOLVED, that the Lino Lakes City Council hereby approves the conditional use permit for an Accessory Drive - Though Facility. Passed by the Lino Lakes City Council this 14th day of April, 2003. ATTEST: • Aim Blair, City Clerk John J. Bergeson, Mayor PA•P ars4rAl