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STAFF REPORT <br /> To: Planning Commission Report No.: VII. 1. <br /> From: Kim Moore-Sykes, Assistant City Manager <br /> Date: July 20,2010 <br /> Subject: 3701 Stinson Boulevard—Conditional Use Permit(CUP) Request for a Restaurant Located <br /> within 250 Feet of a Residential Structure or District {City Code 152.122, (P)) <br /> Requested Action: Public Hearing for Conditional Use Permit Request for a Restaurant <br /> Located within 250 Feet of a Residential Structure or District. <br /> Date Application Received: June 22,2010 <br /> Property Address: 3701 Stinson Boulevard <br /> Zoning District: Commercial <br /> 60-Day Expires: August 20, 2010 <br /> Waiver Letter Required: Yes_ Date Sent:_ No X <br /> Future Action: Public Hearing for CUP with the Planning Commission <br /> Back,,ground: Staff met with Mr. Terry Abney of Abney Development Services,Inc.,consultant for <br /> International House of Pancakes restaurants to discuss the possibility of locating an IHOP restaurant at 3701 <br /> Stinson Boulevard. This site was previously the location of Baker s Square restaurant that closed in 2009. <br /> Mr. Abney's architecture team provided Staff with drawings of the proposed changes needed to <br /> accommodate locating an IHOP restaurant at this location. Staff advised Mr. Abney of the need to obtain a <br /> conditional use permit(CUP) because the restaurant is located within 250 of a residential structure or <br /> district (City Code 152.122, (P)J. <br /> The Bakers Square restaurant was originally constructed in 1971 as the Poppiri Fresh Pies restaurant. No <br /> CUP was required at the time the original restaurant was constructed. Since then, the City has adopted <br /> Section 152.122, (P) that requires that restaurants, cafeterias, and delicatessens that are uses allowed in the <br /> Commercial Zoning District but are located less than 250 feet from a residential structure or district, to <br /> obtain a conditional use permit from the City Council. Staff advised Mr. Abney of the CUP requirements <br /> and public hearing process as described in the City's Ordinance, Section 152.243. <br /> Application Review and Analysis: <br /> Mr. Abney arid-his team have provided additional information in response to the following CUP conditions <br /> and requirements. <br /> 1. The requested conditional use is one of the Permitted Conditional Uses specifically listed for <br /> the zoning district in which the conditional use is located. City Code states in 152.122 (P) that <br /> restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district <br /> are required to have a Conditional Use Permit. <br /> 07202010 IHOP 250 feet residential dist CUP.doc <br />