HomeMy WebLinkAboutRES 15-015 CUP for 2510 Kenzie TerraceCITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-015
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW A
RESTAURANT TO BE LOCATED LESS THAN 250 FEET FROM A RESIDENTIALLY
ZONED DISTRICT AND A VARIANCE FROM THE MINIMUM REQUIRED PARKING
STALLS ON THE PROPERTY LOCATED AT 2510 KENZIE TERRACE
WHEREAS, the City of St. Anthony Village received a request from the Applicant Joel
Janssen on behalf of the Owner R.J. Ruppert Trustee for a conditional use permit
(CUP) to allow a restaurant to be located less than 250 feet from a residentially
zoned district and a variance from the minimum required parking stalls on the
property located at 2510 Kenzie Terrace on October 14, 2014, legally described
as follows:
Lot 2, Block 1, KENZIE TERRACE ADDITION
WHEREAS, the Property located at 2510 Kenzie Terrace is located within the C -Commercial
Zoning District; and
WHEREAS, restaurants, cafeterias and delicatessens located less than 250 feet from a
residential structure or district are permitted conditional uses with the issuance of
a Conditional Use Permit (CUP) in the C -Commercial Zoning District; and
WHEREAS, the Property located at 2510 Kenzie Terrace is located immediately adjacent to a
residentially zoned district; and
WHEREAS, the site currently has 37 marked parking stalls for shared use between the two
buildings (and three uses) on the Property; and
WHERAS, the proposed restaurant use requires 42 parking stalls for a total of 53 parking
stalls when combined with the other uses existing on site; and
WHEREAS, the Planning Commission reviewed and considered the requests based on the
related documents shown in the Applicant's application in a public hearing at
their regular meeting on November 24, 2014; and
WHEREAS, the City Council reviewed and considered the requests at their regular meeting on
December 9, 2014 based on the related documents, testimony received during the
public hearing, and requested further review by the Planning Commission; and
WHEREAS, the Planning Commission further analyzed the request and considered additional
conditions relating to screening and hours of operation at their regular meeting on
January 26, 2015; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
Village approves the Applicant's conditional use permit and variance requests based on the
following findings:
1. The requested conditional use permit (CUP) is consistent with all of the standards for
granting a conditional use permit as described in Section §152.243 of the St. Anthony
Village Zoning Code. More specifically, the City Council finds that the required
conditional use permit is justified for the following reasons:
a. The restaurant use is one of the conditional uses specifically listed within the C -
Commercial Zoning District in which the Property is located in.
b. The City has specified all conditions which the City Council has deemed
necessary to make the use compatible with other uses in the area;
c. The additional dining option within close proximity to single-family and high-
density multiple -family residential uses will provide a mixture of uses in the
neighborhood, which will promote walkability and sustainability, which
contributes to the health, safety and welfare of the persons residing or working in
the vicinity; and
d. The proposed restaurant use will provide a service which in the interest of public
convenience and will contribute to the general welfare.
2. The requested variance is consistent with all the standards for granting a variance as
described in Section §152.245 of the St. Anthony Village Zoning Code. More
specifically, the City Council finds that the requested variance is justified for the
following reasons:
a. The Applicant proposes to use the property in a reasonable manner. A restaurant
use is common within commercially zoned districts and has previously been
located on this Property.
b. The site layout in terms of size and location of the existing buildings and parking
lot area will not change with the proposal of locating a restaurant within the
vacant portion of the southernmost building. Limited parking stalls are a
circumstance unique to the Property, and were not created by the Applicant.
c. Granting the variance will not alter the essential character of the locality, as the
Property will remain a commercially zoned property which permits a variety of
uses including restaurant uses.
d. Economic considerations alone are not the basis of the practical difficulties.
e. Granting the variance is consistent with the City's comprehensive land use plan
and is in harmony with the general purposes and intent of the City's Code
relating to protecting the use districts. The use of the Property will remain the
same as it is today.
f. Granting the variance from the minimum required parking stalls will not impact
the amount of adequate light, air and access to Property or neighboring
properties.
g. Allowing the variance is in harmony with the general purposes and intent of the
City's Code relating to preventing congestion in public streets. The project will
have no impact on congestion as both Kenzie Terrace and Lowy Avenue can
adequately accommodate the anticipated traffic generated from the commercial
use.
h. Allowing the variance is in harmony with the general purposes and intent of the
City's Code to provide for compatibility of different land uses. The project will
have no impact on land use compatibility, and will encourage walkable and
sustainable neighborhoods through a variety and mixture of uses in close
proximity.
i. Allowing the variance is in harmony with the general purposes and intent of the
City's Code to prevent overcrowding of land and undue concentration of
structures by regulating land, buildings, yards and densities. The variance will
not result in overcrowding or concentration of buildings as the site layout will not
be modified with the proposed restaurant use.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the
requested conditional use permit and variance is contingent on the following:
1. 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.).
2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost
building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A
site plan showing the proposed dumpster and screening location shall be submitted,
reviewed and approved by the City Planner prior to installation.
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 this
Permit is required.
4. Any radio receiving set, musical instrument, paging system, or other similar device
for the production or reproduction of sound may not be played outside of the building
between the hours of 10:00pm and 7:OOam.
5. Any lighting associated with, or added to, the proposed restaurant use or parking lot
area shall be downward casting and shielded. A lighting plan must be submitted,
reviewed and approved by the City Planner prior to installation.
6. Hours of operation shall be limited until 11 pm Sunday through Thursday and 1 am
Friday and Saturday night. The dine -in portion of the restaurant shall cease at lOpm
every night. All delivery vehicles after l Opm must park on the north side of the
building located at 2510 Kenzie Terrace to minimize headlight glare onto the
neighboring single-family residential areas to the south.
Additional natural landscaping/screening is required along the west side of the
existing easternmost drive -aisle access to/from Lowry Avenue along the south border
of the Property. Screening shall consist of coniferous shrubs and/or trees, in a
quantity adequate to visually screen as much of the parking lot area as feasible, and
shall be at least three (3) feet in height. All screening must comply with the City's
vision triangle standards to ensure adequate clear lines of vision at the intersection of
the parking lot drive -aisle to ensure traffic and pedestrian sightlines and safety.
Adopted this 10`h day of February, 2015.
Jerome O. Faust, Mayor
ATTEST:
Barbara J. Suciu, City Clerk
Review for Administration: Z ��
Mark Casey, Q ty Manager