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HomeMy WebLinkAboutRES 16-055 APPROVING CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR THE ADDITION OF 40 OUTDOOR SEATS ON THE PREMISE LOCATED AT 3701 STINSON BOULEVARDCITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16 -055 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR THE ADDITION OF 40 OUTDOOR SEATS ON THE PREMISES LOCATED AT 3701 STINSON BOULEVARD WHEREAS, the City of St. Anthony Village received a request from the Applicant Chris Christopherson for a Conditional Use Permit (CUP) to allow for the addition of 40 outdoor seats on the Premises located at 3701 Stinson Boulevard on June 6, 2016, legally described as follows: A portion of Lot 1 and all of Lot 2, Block 1, Pillsbury Addition, Ramsey County, Minnesota WHEREAS, the Property located at 3701 Stinson Boulevard is located within the PUD — Planned Unit Development District, with an underlying zoning of C- Commercial Zoning District; and WHEREAS, a restaurant located less than 250 feet from a residential structure or district are a permitted conditional use with the issuance of a Conditional Use Permit (CUP) in the C- Commercial District; and WHEREAS, the stipulations of a previous CUP for the premises indicate that the addition of outdoor seating cannot be granted without an amendment to the existing CUP; and WHEREAS, the Planning Commission reviewed and considered the request for outdoor seating based on the related documents shown in the Applicant's application in a public hearing at their regular meeting on June 27, 2016 and recommended approval of the request; 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 as presented in the application documents 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 use is one of the conditional uses specifically listed within the C- Commercial Zoning District in which the Property is located. 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 use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and d. The proposed use will provide a service which is 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 conditional use permit is contingent on the following: 1. Previous conditions stated in resolution 10 -052 approving a conditional use permit for a restaurant located within 250 feet of a residential structure or district shall remain in full effect, which are: a. Garbage areas must be enclosed with materials that match the building; b. Lighting must be "down spill" with no spillage to affect the adjacent residential properties; c. No music or other artificial noise shall be audible from the restaurant to adjacent residential properties; d. The remodel and redevelopment of the property shall conform as closely as possible and practicable to the Village at St. Anthony design standards and PUD documents. 2. 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.). Outdoor seating associated with the restaurant use is permitted, provided the establishment exercise significant efforts to reduce the likelihood of noisy or disruptive activities in the outdoor seating area after 10:00 pm. APPROVED in the regular session of the City Council on July 26, 2016. `'---a Jerome O. Faust, Mayor ATTEST: Nicole Miller, City Clerk Review for Administration: I& Mark Casey, CXy Manager