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CC PACKET 07122016-CANCELLED
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CC PACKET 07122016-CANCELLED
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7/7/2016 3:45:41 PM
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Page 3 <br /> <br />parking spaces for restaurants be equal to the total designed seating capacity of the structure <br />divided by 2.5, plus 1 parking space for each employee on the largest shift. The current number of <br />seats in the restaurant is 110, and an additional 40 seats puts total seating capacity at 150. The <br />estimated number of employees on the largest shift is 15. Based on this information, a total of 75 <br />parking spaces are required for the proposed use. There are at least 80 parking spaces on the <br />property, meeting the minimum required for the proposed restaurant. <br />Consistency with the Comprehensive Plan <br />The City of St. Anthony Village Comprehensive Plan (2008) guides the subject property for high <br />density residential on the Future Land Use Plan (Figure 2-5), which is identified as a change from the <br />Existing Land Use Map (Figure 2-1) which designates the property as currently being used for <br />commercial use. A Conditional Use Permit was approved for the property to allow for a restaurant <br />within 250 feet of a residential structure or district in 2010, following the adoption of the Future <br />Land Use Plan, and a CUP allowing a restaurant use was again approved in 2015. <br /> <br />2. Applicable Codes Relating to Conditional Uses. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES <br />(WITHIN THE C DISTRICT) (L) states that “Restaurants, cafeterias, and delicatessens located less than <br />250 feet from a residential structure or district” is permitted in the C District only by conditional use <br />permit issued by the City Council. <br />3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV <br />Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application <br />states that a conditional use permit may be granted only by a majority vote of all members of the <br />City Council after determining that: <br />1. The use is one of the conditional uses specifically listed for the district in which the property is <br />located; <br />The property at 3701 Stinson Boulevard is zoned PUD with an underlying zoning of C- <br />Commercial, which allows “restaurants, cafeterias, and delicatessens located less than 250 feet <br />from a residential structure or district“ as a permitted conditional use, for which the property <br />has obtained the required CUP. Criterion met. <br />2. The City Council has specified all conditions which the City Council deems necessary to make the <br />use compatible with other uses in the area: <br />The addition of outdoor seating specifically requires a CUP amendment, as per the conditions of <br />the CUP granted in 2015. Conditions have been described in this report and are included in the <br />draft resolution for consideration. Criterion met. <br />Conditions include: <br />1. Previous conditions stated in resolution 10-052 approving a conditional use permit for a <br />restaurant located within 250 feet of a residential structure or district shall remain in full <br />effect, which are: <br />e. Garbage areas must be enclosed with materials that match the building; <br />f. Lighting must be “down spill” with no spillage to affect the adjacent residential <br />properties; <br />g. No music or other artificial noise shall be audible from the restaurant to adjacent <br />residential properties; <br />23
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