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Planning Commission Regular Meeting Minutes July 20, 2010 Page 4 1 Motion by Commissioner Chaput, second by Commissioner Heinis, to recommend approval of 2 the CUP application for 3701 Stinson Boulevard, for a Restaurant Located within 250 Feet of a 3 Residential Structure or District, with the following conditions: 4 1. Garbage areas must be enclosed with materials that match buildings. 5 2. Lighting must be "down spill" with no spillage to affect the adjacent residential 6 properties. 7 3. No music or other artificial noise shall be audible from the restaurant to adjacent 8 residential properties. 9 4. The remodel and redevelopment of the property shall conform as closely as possible and 10 practicable to The Village at St. Anthony design standards. 11 12 Motion carried 5-0. 13 14 VH.2 3701 STINSON BOULEVARD—CONDITIONAL USE PERMIT FOR A DRIVE 15 THRU FACILITY IN A PERMITTED USE (CITY CODE 152.120, (B)) 16 17 Staff report and public hearing conducted with agenda item 7.1. 18 19 Chair Jensen asked if the applicant is in agreement with the four conditions included in the staff 20 report. He suggested the following additional condition: Driveway to the northwest of the 21 building shall be considered for movement or alignment north upon the first accident. 22 23 Mr. Abney requested that the suggested additional condition be amended to specify that the 24 accident be proven to be directly related to the drive-through. In regards to condition no. 1,Mr. 25 Abney requested clarification on whether a small canopy to protect customers from weather, etc., 26 that does not extend further than four feet could be attached to the window. Assistant City 27 Manager Moore-Sykes explained that this is a standard condition and the type of awning 28 described by Mr. Abney would be acceptable. 29 30 Consensus was reached to amend condition no. 1 as follows: No canopy in excess of four(4) 31 feet over the drive-thru. 32 33 Ms. Tammy Smith, applicant, addressed the Planning Commission and stated that it is not the 34 current intent to operate the IHOP 24 hours; however, there is the potential for this in the future. 35 The restaurant would only move to a 24 hour operation if it was to be a win/win for the 36 community and IHOP. She stated if the restaurant operation were to move to a 24 hour operation 37 the coffee window would not be open 24 hours. She suggested consideration of this in regards to 38 condition no. 3 and stated she would not there to be a need to revisit the CUP if the hours of 39 operation were to change in the future. 40 41 Assistant City Manager Moore-Sykes indicated that this condition could be amended at the City 42 Council level if the Council determines that a restriction on a 24 hour operation should be 43 included. 44 45 There was additional discussion on the additional condition suggested by Chair Jensen. 46