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Page 2 The Applicant wishes to add additional outdoor seating to the dining establishment located at 3701 Stinson Boulevard, known as “The Unofficial”. In 2015, The Unofficial was granted a conditional use permit to allow for an establishment primarily for the sale of beverages for consumption. In the terms of a conditional use permit granted in 2015, The Unofficial was permitted under the following stipulations: 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, which are: a. Garbage areas must be enclosed with materials that match the building; b. Lighting must be “down spill” with no spillage to affect the adjacent residential properties; c. No music or other artificial noise shall be audible from the restaurant to adjacent residential properties; d. The remodel and redevelopment of the property shall conform as closely as possible and practicable to the Village at St. Anthony design standards and PUD documents. 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. The proposed addition of 40 outdoor seats on the premises requires an amendment to the existing CUP, which the applicant was made aware of at the time of CUP approval in 2015. The underlying zoning for the property, within the greater Planned Unit Development, is Commercial, which allows restaurants within 250 feet from a residential structure or district as a permitted conditional use. The proposed outdoor seating area is located along the western side of the establishment that faces Stinson Boulevard. The neighboring residential area within 250 feet is located to the east of the property. The applicant has provided a site design sketch for the outdoor seating which shows that the perimeter of the additional seating area will be located 10 feet from the property line. The sketch confirms the addition of 10 outdoor tables for a total of 40 additional seats. The applicant has stated that he intends to construct a standard 40” height railing around the perimeter of the outdoor seating area. SAC Determination Due to the proposed additional seating at the establishment on the premises, applicant has applied for a SAC Determination from the Metropolitan Council Environmental Services division. Hours of Operation Title XI Business Regulations, Chapter 111 Licenses, Permits, and the Like, Section §111.172 HOURS OF OPERATION states that every recreational establishment within the city must be closed to the public between the hours of 1:00 a.m. and 5:00 a.m. “Recreational Establishment” includes restaurants. The hours of operation of The Unofficial are from 11:00 a.m. to 1:00 a.m. Parking The Applicant’s documentation shows that no existing parking spaces will be lost as a result of this proposed outdoor seating area addition. The City’s parking ordinance requires that the number of 22