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Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES (WITHIN THE C DISTRICT) (L) states that “Establishments primarily for the sale of beverages for consumption on the premises” is permitted in the C District only by conditional use permit issued by the City Council. 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The property at 3701 Stinson Boulevard is zoned PUD with an underlying zoning of C- Commercial, which allows “establishments primarily for the sale of beverages for consumption on the premises” as a permitted conditional use. Within the Commercial District, “Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district“ are also a permitted conditional use, for which the property has already obtained the required CUP. Criterion met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: Conditions have been described in this report and are included in the draft resolution for consideration. Criterion met. Conditions include: 1. All conditions stated in resolution 10-052 approving a conditional use permit for a restaurant located within 250 feet of a residential structure or district shall remain in full effect. 2. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 3. Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to the CUP allowing a restaurant within 250 feet of a residential district is required. 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity include undeveloped property to the north, high density residential to the east, and commercial to the south located on the other side of the rail road tracks. Property to the west, in the City of Columbia Heights, includes commercial and high density residential. The site has been used as a restaurant in the past (IHOP and Baker’s Square). Having the business open until 1 a.m. may have an impact on noise associated with patrons leaving the restaurant in the morning hours; however, with the proposed conditions outlined in the staff report and resolution, staff does not believe that the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. The hours of operation and proposed conditions are similar to 33