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MEMORANDUM <br />To: <br />From: <br />Date: <br />WSB Project No . <br />Request: <br />RECOMMENDATION <br />Honorable Mayor and City Council Members <br />Mark Casey, City Manager <br />Kelsey Johnson, AICP, City Planner <br />November 25, 2014 <br />City Council Regular Meeting for December 9, 2014 <br />02170-090 <br />Request for a Conditional Use Permit (CUP) to Allow a Restaurant to be <br />Located Less than 250 Feet from a Residentially Zoned District and a <br />Variance from the Minimum Required Parking Stalls on the Property <br />Located at 2510 Kenzie Terrace <br />The Applicant's request for a conditional use permit (CUP) to allow a restaurant to be located less than <br />250 feet from a residentially zoned district and a variance from the minimum requ i red parking stalls on <br />the Property located at 2510 Kenzie is consistent with the intent of the Zoning Ordinance and the City's <br />Comprehensive Plan. Staff recommends approval of the Applicant's request as outlined in Exh i bit C. <br />The Planning Commission held a public hearing on the request on November 24, 2014 and <br />recommended approval of the Conditional Use Permit and Variance with a vote of 5-0. The Plann ing <br />Commission did recommend a condition relating to eliminating (closing off) access to the Property from <br />Lowry Avenue as shown below: <br />I . Both acce ss p oints from th e Prop erty to L o wry A venue must be chain ed off or a barr i er <br />placed to reduce traffic from enterin g/ex iting to/from the single fa mil y re siden t ial <br />neighbo rh o ods to the so uth o f the Property to en sure safety. <br />The City Planner reviewed this condition with the City Engineer, Police and Fire Department. While <br />access to/from the site is feasible from a public safety perspective, it was not desirable by either <br />department. Furthermore, the access from Kenzie Terrace is primarily a right-in/right-out acces s and <br />closing access off to/from Lowry Avenue was not advised by the City Engineer due to access , circulation <br />and safety concerns. Primarily, concerns over traffic movements from westbound Ke nzie Terrace were <br />raised by the City Engineer as it would force U-Turn movements along Kenzie Te r race to enter the <br />Property. Furthermore, closing access from Lowry Avenue could be perceived by the Property Owner as <br />a taking given the limited access to the Property today. Staff does not recommend clos i ng the access to <br />the Property from Lowry Avenue . <br />53