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HomeMy WebLinkAboutgr00090_000045_pg211August 22, 1977 Page 18 Councilmember Hodges noted that the Planning Commission had approved the conditional use permit and variances with a vote of 6 ayes and 2 nays. He stated he was concerned about the traffic conjestion and the possibility of noise late at night from people leaving the restaurant. He also stated that if the restaurant was not approved, another business would be and that something would be going in there. Councilmember Baumgartner stated that he has a real problem with what is going to happen with the center lot. He pointed out that the restaurant would greatly increase the traffic flow and wondered what would happen when the next lot was developed. He also stated that when Crown Auto was approved, the Council had asked for plans for the rest of the property that James Refrigeration owned but that they had no plans at that time Councilmember Baumgartner stated that he would like to see the plan for the whole area as the Council must know what is going on before approving it. He also stated that the Planning Commission did not have to approve the request as a conditional use permit was required. He also stated that he has a hard time visualizing why an establishment of this type would increase traffic on Red Oak Drive going north. He stated that the Comprehensive Plan calls for the area to be multiple dwelling and he would like to see a complete plan for the whole piece of property. Councilmember Rowley stated that she was concerned with traffic and stated that it was a very short stretch of road to have the additional traffic. She also stated that she has trouble agreeing with only 125 cars per day entering and exiting the restaurant. She also stated that she would not like to hear the chimes. Councilmember Rowley also expressed concern with the odor of the frying foods and stated that even with controls being put in, some odor would be present. Councilmember Rowley also pointed out that the restaurant would be getting away from the Comprehensive Plan and that while she felt the restaurant plan was good, the location was bad. Mayor Pickar stated that the City has received complaints on cooking odors before. Mr. Novak replied that there are a number of systems on the market which would take care of the odor problem. Mr. Risso stated that he had already selected the special equipment to take care of the odor. It would be the same as what he had used for one of Daytons restaurants in the middle of Southdale. Mayor Pickar stated that the City should know what is going to happen to the center piece of property. Mr. James replied that they have no prespective buyers for the property and pointed out that they have been paying taxes on it. Attorney Meyers reported that he had been reviewing the zoning ordinance and found that there are approximately 113 uses permissible and that a conditional use permit is required for a drive in and convenience food establishment. He stated that the conditional use permit could be provided as the architects plan is in harmony with the surrounding area. However, setbacks, parking, screening and vehicle access points would all be stipulations. Attorney Meyers reported that the denial of a special use permit would be very hard to sustain in court and the Council must determine if they have enough reasons to deny the request.