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August 22, 1977 Page 18 <br />Councilmember Hodges noted that the Planning Commission had approved the conditional <br />use permit and variances with a vote of 6 ayes and 2 nays. He stated he was concerned <br />about the traffic conjestion and the possibility of noise late at night from people <br />leaving the restaurant. He also stated that if the restaurant was not approved, another <br />business would be and that something would be going in there. <br />Councilmember Baumgartner stated that he has a real problem with what is going to happen <br />with the center lot. He pointed out that the restaurant would greatly increase the <br />traffic flow and wondered what would happen when the next lot was developed. <br />He also stated that when Crown Auto was approved, the Council had asked for plans for the <br />rest of the property that James Refrigeration owned but that they had no plans at that <br />time <br />Councilmember Baumgartner stated that he would like to see the plan for the whole area <br />as the Council must know what is going on before approving it. He also stated that <br />the Planning Commission did not have to approve the request as a conditional use <br />permit was required. <br />He also stated that he has a hard time visualizing why an establishment of this type <br />would increase traffic on Red Oak Drive going north. He stated that the Comprehensive <br />Plan calls for the area to be multiple dwelling and he would like to see a complete plan <br />for the whole piece of property. <br />Councilmember Rowley stated that she was concerned with traffic and stated that it <br />was a very short stretch of road to have the additional traffic. She also stated that <br />she has trouble agreeing with only 125 cars per day entering and exiting the restaurant. <br />She also stated that she would not like to hear the chimes. <br />Councilmember Rowley also expressed concern with the odor of the frying foods and <br />stated that even with controls being put in, some odor would be present. <br />Councilmember Rowley also pointed out that the restaurant would be getting away from <br />the Comprehensive Plan and that while she felt the restaurant plan was good, the <br />location was bad. <br />Mayor Pickar stated that the City has received complaints on cooking odors before. <br />Mr. Novak replied that there are a number of systems on the market which would take <br />care of the odor problem. Mr. Risso stated that he had already selected the special <br />equipment to take care of the odor. It would be the same as what he had used for <br />one of Daytons restaurants in the middle of Southdale. <br />Mayor Pickar stated that the City should know what is going to happen to the center <br />piece of property. Mr. James replied that they have no prespective buyers for the <br />property and pointed out that they have been paying taxes on it. <br />Attorney Meyers reported that he had been reviewing the zoning ordinance and found <br />that there are approximately 113 uses permissible and that a conditional use permit <br />is required for a drive in and convenience food establishment. He stated that the <br />conditional use permit could be provided as the architects plan is in harmony with <br />the surrounding area. However, setbacks, parking, screening and vehicle access points <br />would all be stipulations. <br />Attorney Meyers reported that the denial of a special use permit would be very hard to <br />sustain in court and the Council must determine if they have enough reasons to deny <br />the request. <br />