HomeMy WebLinkAboutRES 15-074 Approving the Conditional Use Permit (CUP) Amendment to Allow Intensification of the Restaurant use to Include the Sale of Alcoholic Beverages on the Property Located at 2510 Kenzie TerraceCITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15 -074
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) AMENDMENT
TO ALLOW AN INTENSIFICATION OF THE RESTAURANT USE TO INCLUDE THE
SALE OF ALCOHOLIC BEVERAGES ON THE PROPERTY LOCATED AT 2510
KENZIE TERRACE
WHEREAS, the City of St. Anthony Village received a request from Catrinas II, LLC on
behalf of the Owner R.J. Ruppert Trustee for a conditional use permit amendment (CUP) to
allow the intensification of the approved restaurant use to include the sale of alcoholic beverages
on the property located at 2510 Kenzie Terrace on September 21, 2015, 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, the City Council approved the restaurant use through issuance of a
conditional use permit, with conditions, through Resolution 15 -015 on February 10th, 2015; and
WHEREAS, the Planning Commission reviewed and considered a conditional use
permit amendment, based on the related documents shown in the Applicant's application in a
public hearing at their regular meeting on November 23, 2015 and recommended approval of the
amendment, with conditions; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the Applicant's conditional use permit amendment 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 proposed use is allowed as a conditional use permit within the Commercial
Zoning District;
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.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the
requested amendment to the conditional use permit 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. An
escrow shall be established by city staff, and submitted with the city prior to issuance
of a certificate of occupancy to ensure that this condition is met.
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 7:00am.
5. Any lighting associated with, or added to, the proposed restaurant use or parking lot
area shall be downward casting and shielded.
6. Hours of operation shall be limited until 10 p.m. Sunday through Thursday and
11 p.m. Friday and Saturday night. All delivery vehicles after 10 p.m. 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.
7. 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, and must be installed by June 1, 2016. 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. A $1500.00 escrow shall be established by city
staff, and submitted with the city prior to issuance of the certificate of occupancy to
ensure that this condition is met.
Adopted this 8h day of December, 2015.
Jerome O. Faust, Mayor
ATTEST:
N tole Miller, City Clerk
Reviewed for administration: 4W ("
Mark Casey, City Manager