RES 24-035 APPROVING A REQUEST FOR A CUP FOR MODIFICATION

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CITY OF SAINT ANTHONY VILLAGE RAMSEY AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION 24-035 A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR MODIFICATIONS TO A RESTAURANT DRIVE -THROUGH RESTAURANT IN A "C", COMMERCIAL DISTRICT WHEREAS, the City of St. Anthony Village received a request from the applicant and owner of 4004 Silver Lake Road for a Conditional Use Permit related to modifying the drive -through facility on the subject property; and WHEREAS, the property consists of approximately 1.35 acres and is located in the C, Commercial zoning district; and WHEREAS, the subject building houses a convenience restaurant, which a single lane drive - through facility; and WHEREAS, restaurants with drive -through facilities are allowed by Conditional Use Permit in the Commercial areas of the City; and WHEREAS, consideration of a conditional use permit in such areas is required to avoid unreasonable negative impacts on adjoining commercial and residential property, and well as on the public rights of way; and WHEREAS, the addition of the second drive -through lane, and its associated site plan changes, are designed to better address changes in dine -in and convenience restaurant business practice; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission held a public hearing on April 16, 2024 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit PUD Amendment with the conditions noted in the Staff report, and as listed below; and WHEREAS, the City Council makes the following findings of fact in support of the resolution for approval: 1. The property is located in an area of mixed uses on an arterial roadway. 2. The proposed use is identified as an allowed Conditional Use in the Commercial zoning district. 3. The proposed plan reflects a common shift of business traffic from dine -in to drive - through and pick-up lane customers. 4. The proposed conditions of approval are intended to mitigate additional impacts, whether immediate or future. 5. The proposed business use, as reconfigured, constitutes a reasonable use of the property. 6. The proposed uses, constructed and operated within the requirements of the Code and the conditions of this resolution, will not impact surrounding property or public areas beyond