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The Big Ten Supper Club has operated on the property at 4703 U.S. Highway 10 since 1959. The property was rezoned in 2000 from B-2 - General Business District to NB - Neighborhood Business District. As a result of the rezoning, the existing restaurant use became a legal nonconforming use under the Zoning Code because it operates without a CUP, which is required for all restaurant uses in the NB District. Section 1350 of the Zoning Code regulates nonconforming uses and buildings. Restrictions are placed on the expansion of legal nonconforming uses, but the Zoning Code does permit their continuance through repair, replacement, restoration, maintenance or improvement. The proposed deck addition would be an expansion of the nonconforming use. A CUP is being requested for the property as a whole so that the use can come into conformance with the NB District requirements for restaurant uses. The applicant has submitted a Site Plan of the property that indicates the location of the proposed deck addition. Preliminary construction drawings for the deck have also been provided. These items have been included in Attachments C and D. Discussion A full evaluation of the proposal was presented to the Planning Commission at their April 8, 2015, Regular Meeting. The staff report to the Planning Commission on this case is included in Attachment G. The proposed deck addition would be in compliance with the Zoning Code requirements for structure setbacks and lot coverage in the NB District. The Zoning Code requires that restaurant uses provide one off-street parking stall for every two seats. With the addition of the outdoor seating area, the number of seats at the Big Ten Supper Club is expected to increase to 176, which would require 88 parking stalls. In their review of this case, the Planning Commission recommended as a condition of approval that the parking lot be restriped to include 84 parking stalls as shown on the proof of parking plan (Attachment E). Since the Planning Commission meeting, the applicant has completed the majority of the restriping of the parking lot and expects the remainder of the work to be completed shortly. Conditional Use Permit Evaluation Criteria Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions ______________________________________________________________________________ City of Arden Hills City Council Meeting for April 27, 2015 P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 Page 2 of 6