February 7, 2006 CCP - Laserfiche WebLink

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b. Appeal of Administrative Determination: Gorman 's Restaurant DRAFT The Board of Adjustment and Appeals reviewed the appeal by Ed Gorman to allow a drive up window at Gorman's Restaurant. The Planner explained the request for a minor addition for carryout orders. City Code prohibits drive through facilities when related to a restaurant in the GB District. The Mayor opened the hearing of the Board of Adjustment and Appeals at 9:31 p.m. Ed Gorman said he purchased the restaurant 26 years ago. He said he disagrees with the Planner's findings because he already has take out food. Adding 200 square feet will not make his restaurant fast food. He feels the Code is open to interpretation. He wants the change in order to facilitate the pick up business and perhaps sell more coffee. The Health Inspector approved the plans and their classification for his restaurant does not square change. He spoke to all abutting property owners and received 100% support. He also supports that fast food should not be allowed. Language could be added to not allow fast food within a specific s footage of a school, park, or church. He said the coffee shop approved next door is him last year did not include a dishwasher. A drive through bank will not give you a loan at the window. All menu items will not be available at the window in his restaurant. He wants to take good care of his customers. In the old days, he said you could only buy gas at Lake Elmo Oil. Now you can buy food, groceries and sundry items. He would like the ability to grow his business in the same fashion. Councilmember Conlin asked about outside menus. Mr. Gorman said he wants a small order station for coffee 4 X 4, lighted indirectly during open hours. Councilmember Conlin asked about traffic concerns. The Mayor said the ordinance is written to prohibit drive-throughs but he thinks it was meant to prevent fast food restaurants. He would like to consider a ch opening the door to a fast food restaurant. Could we use Mo the ordinance without r. hange angs ts recommendation or some other tool without opening the door for fast food. The City Attorney said yes but not tonight. He said he thinks it is a legislative solution. He said Council can do it by definition of a restaurant and drive -up as opposed to drive through. He said there could be concerns for traffic on site and concerns for safety. The Code can clearly distinguish it from a fast food restaurant. The Mayor closed the hearing at 9:44 p.m. Councilmember Smith would like to be able drive to the pick up window. Councilmember DeLapp wrote the ordinance. He said now times have changed and it is reasonable to discuss today's intent. Councilmember Conlin said cafes and restaurants are limited to full service table operations but it does not say drive up not allowed. She recommended having the Planning Commission review it and Councilmember Smith agreed. M/S/P, Smith/DeLapp, To support the administrative decision that no building permit be issued for the drive up modification not the restaurant per the terms of the GB zoning district that allows only "full service table operations." Councilmembers DeLapp and Smith said they want the Planning Commission to find a sound method and process to allow a pick up window for full service restaurants while excluding fast Lake Elmo City Council Minutes of January 17, 2006 10