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Planning Commission Regular Meeting Minutes , July 20, 2010 Page 2 1 Chair Jensen opened the public hearing for agenda items 7.1 and 7.2 at 7:05 p.m. 2 3 Assistant City Manager Moore-Sykes presented the staff report for the Conditional Use Permit 4 (CUP) request to locate a restaurant within 250 feet from a residential structure or district. Staff 5 met with Mr. Terry Abney of Abney Development Services, Inc., consultant for International 6 House of Pancakes (IHOP)Restaurants, to discuss the possibility of locating an IHOP restaurant 7 at 3701 Stinson Boulevard. This site was previously the location of a Bakers Square restaurant 8 that closed in 2009. Mr. Abney's architecture team provided staff with drawings of the proposed 9 changes needed to accommodate locating an IHOP restaurant at this location. Staff advised Mr. 10 Abney of the need to obtain a CUP because the restaurant is located within 250 feet of a 11 residential structure or district. Assistant City Manager Moore-Sykes explained that the Bakers 12 Square restaurant was originally constructed in 1971 as a Poppin' Fresh Pies restaurant. No CUP 13 was required at the time the original restaurant was constructed. Since then, the City has adopted 14 Section 152.122 (P), which requires that restaurants, cafeterias, and delicatessens that are uses 15 allowed in the Commercial Zoning District,but are located less than 250 feet from a residential 16 structure or district, to obtain a CUP from the City Council. Staff advised Mr. Abney of the CUP 17 requirements and public hearing process as described in the City's Ordinance, Section 152.243. 18 19 Assistant City Manager Moore-Sykes provided an overview of additional information provided 20 by Mr. Abney and his team in response to the following CUP conditions and requirements: 21 1. The requested conditional use is one of the Permitted Conditional Uses specifically listed 22 for the zoning district in which the conditional use is located. 23 2. That the requested CUP will not be detrimental to health, safety or general welfare of 24 persons residing or working in the vicinity or injurious to property values or 25 improvements in the area. 26 3. The requested CUP is considered necessary or desirable at the subject location to provide 27 a service or a facility which is in the interest of public convenience and will contribute to 28 the general welfare of the neighborhood or community. 29 30 Assistant City Manager Moore-Sykes reviewed the conditions of the CUP. She reported that 31 staff has received six phone calls in favor of the CUP for IHOP. The action before the Planning 32 Commission at this time is a recommendation for approval of the CUP application for 3701 33 Stinson Boulevard, for a restaurant located within 250 feet of a residential structure or district. 34 35 Assistant City Manager Moore-Sykes presented the staff report for the CUP Request for a Drive- 36 Through Facility in a Permitted Use. She stated Mr. Abney has been notified that a drive- 37 through use requires a CUP. Mr. Abney advised staff that the drive-through facility would only 38 be for the ordering of coffee, smoothies,pastries and some take-out orders. He reported that this 39 is a new idea for IHOP and it is being proposed for the St. Anthony site because the existing 40 restaurant building has a smaller seating capacity so it is an opportunity to try this idea. There 41 would be a small menu board next to the window for beverages and pastries. Mr. Abney also 42 indicated that the take-out orders would have to be called in, similarly to the "Carside to Go" 43 concept of another restaurant chain. 44 45 Assistant City Manager Moore-Sykes provided an overview of the application review and 46 analysis of the following CUP conditions and requirements: