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2. That the requested conditional use permit will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the area. Since this building and use have not changed since 1971 when the Poppin' Fresh Pies restaurant was opened, there has been no incident in which the use has been documented as detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property values or area improvements. It can be argued that the restaurant being located in this area is perceived as beneficial to area redevelopment efforts. The residential properties that are impacted by the close proximity of this restaurant are the Landings, that was constructed as part of the mixed use PUD redevelopment project of Silver Lake Village in 2004, and the apartments located on the west side of Stinson Boulevard, in Columbia Heights. 3. The requested Conditional Use Permit is considered necessary or desirable at the subject location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. The requested CUP is considered desirable at the subject location. Bakers Square and Poppin Fresh Pies before it,was considered a community gathering place, where people would gather for a piece of pie and coffee or lunch. When Bakers Square closed, City staff received several calls from residents stating how disappointed they were with the closure. Since the public hearing notices have gone out to surrounding properties, staff has again received several phone calls asking about the project and the callers have all been positive in their comments about the proposed opening of the IHOP restaurant. Conditions of the CUP: 1. Garbage areas must be enclosed with materials that match buildings. 2. Lighting must be"down spill" with no spillage to affect the adjacent residential properties. 3. No music or other artificial noise shall be audible from the restaurant to adjacent residential properties. 4. The remodel and redevelopment of the property shall conform as closely as possible and practicable to The Village at St. Anthony design standards. Communications: Staff has received 6 phone calls in favor of the approval of the CUP for IHOP. Action: Recommendation from the Planning Commission for approval of the CUP application for 3701 Stinson Boulevard, for a Restaurant Located within 250 Feet of a Residential Structure or District. Attachments: • Conditional Use Permit Application • Letter describing scope of work for the remodel of the subject property • Acknowledgment of Receipt letter • Notice of Public Hearing • Affidavit of Mailing • Design Drawing of Proposed Sign and Proposed Sign Placement • Floor Plan and Elevations • Site Plan • Proposed Color Elevations 07202010 IHOP 250 feet residential dist CUP doc