HomeMy WebLinkAboutRES 14-037 CUP Cub Foods Drive ThroughCITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 14-037
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO
ALLOW A DRIVE-THROUGH WINDOW ON THE SOUTH SIDE OF THE
EXISTING CUB FOODS STORE TO SERVE THE IN-HOUSE PHARMACY ON
THE PROPERTY LOCATED AT 3930 SILVER LAKE ROAD
WHEREAS, the City of St. Anthony Village received a request from the
Applicant Silver Lake 1996 L.L.C. on behalf of the Owners Inland Silver Lake Village,
L.L.C., a Delaware Limited Liability Company for a conditional use permit (CUP) to
allow a drive-through window on the south side of the existing Cub Foods Store to serve
the in-house pharmacy on the property located at 3930 Silver Lake Road (PID
313023310029) on April 30, 2014, legally described as follows:
Lot 1, Block 1 Silver Lake Center
WHEREAS, the property located at 3930 Silver Lake Road is located within the
City's PUD - Planned Unit Development Zoning District; and
WHEREAS, the Planned Unit Development and Subdivision Agreement states
that permitted uses shall be limited to those specifically allowed as either a permitted use
or as a conditional use permit in the general commercial district (as defined in the City
Code) unless an amendment to the PUD is approved by the City; and
WHEREAS, the "general commercial district" as defined by the City Code is the
C- Commercial Zoning District; and
WHEREAS, a "grocery store" is a permitted use in section 152.121(C -
Commercial Zoning District) of the City Code; and
WHEREAS, a permitted conditional use within the C- Commercial District
allows for "a use permitted under 152.121 except for the fact that it has a drive-through
facility"; and
WHEREAS, staff issued a report dated May 9, 2014 on the application made by
the Applicants (Planning Report), analyzing the request made in relation to the City
Ordinance criteria and made recommendations if the requests were approved by the City
Council; and
WHEREAS, the Planning Commission acting as the Board of Adjustments and
Appeals, reviewed and considered the request based on the related documents shown in
the Applicant's application in a public hearing at their meeting on May 19, 2014; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village approves the Applicant's conditional use permit (CUP) request based
on the following findings:
1. The requested conditional use permit (CUP) is consistent with all the
standards for granting a CUP as described in Section § 152.243 of the St.
Anthony Village Zoning Code. More specifically, the City Council finds that
the requested CUP is justified for the following reasons:
a. The use is one of the conditional uses specifically listed for the district in
which the property is located.
b. The City Council has specified all conditions which the City Council
deems necessary to make the use compatible with other uses in the area as
outlined in this Resolution.
c. The surrounding land uses in the immediate vicinity include other
commercial/retail uses, park and open space, and high density residential
and it does not appear that the proposed drive-through facility will be
detrimental to the health, safety, or general welfare of persons residing or
working in the vicinity.
d. The drive-through window associated with the pharmacy is a convenience
for customers of Cub Foods, which is also an amenity to the community
and will contribute to the general welfare by providing this amenity.
e. The property owner proposes to use the property in a reasonable manner.
f. The proposal is consistent with the City's Comprehensive Land Use Plan,
which guides this property for commercial land use.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested conditional use permit (CUP) is contingent on the following:
1. The Applicant shall obtain all necessary permits and approvals prior to
beginning construction, including a building permit and sign permit.
2. The Applicant/Property Owner shall ensure continuance of the sidewalk
connection between the Cub Foods Store and the Silver Lake Village
shopping center to the south. This shall include pavement markings,
sidewalk connections through the island, truncated domes, and other
provisions as required and approved by the City Engineer.
3. An updated landscaping plan for the must be submitted and approved by
the City Planner prior to issuance of a building permit.
4. The Applicant/Property Owner shall maintain the existing parking lot
layout and pavement markings for the loading zone area along the south
side of the Cub Foods Store, to ensure adequate ingress and egress from
the loading/unloading area associated with the Silver Lake Village
shopping center.
5. This conditional use permit (CUP) shall expire one (1) year from the date
of the resolution if the construction of the drive-through facility does not
commence. City Council approval shall be required for an extension.
APPROVED in the regular session of the City Council on May 27, 2014.
Jerome O. Faust, Mayor
Reviewed for administration: /W (d/VJ/
Mark Casey, City Manager