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2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, <br />and other nuisance characteristics <br />3. Drainage <br />4. Population density <br />5. Visual and land use compatibility with uses and structures on surrounding land <br />6. Adjoining land values <br />7. Park dedications where applicable <br />8. Orderly development of the neighborhood and the City within the general purpose <br />and intent of the Zoning Code and the Comprehensive Development Plan for the City. <br /> <br />The Planning Commission and City Council may place conditions on a permit if deemed <br />necessary to protect the health, safety, and general welfare of the community. Conditional Use <br />Permits are granted for a specific use at a specific site and are not transferable. <br /> <br /> <br />Additional Review <br /> <br />City Building Official <br />The City Building Official reviewed the preliminary construction drawings provided by the <br />applicant. He has noted that the final plans will need to provide proper clearance for access on <br />and off the deck and that the deck will need to comply with the Minnesota State Code for <br />accessibility. <br /> <br /> <br />Findings of Fact <br /> <br />The Planning Commission reviewed Planning Case 15-006 at their regular meeting on April 8, <br />2015. Draft minutes from the meeting are included in Attachment H. The Planning Commission <br />offers the following findings of fact for consideration <br /> <br />1. The property at 4703 U.S. Highway 10 is located in the NB District. <br />2. The Special Requirements for the NB District require that the Conditional Use Permit <br />review procedure be followed for all development that involves new building <br />construction, modification of a building’s exterior, or modification of the site. <br />3. The proposed deck addition is considered to be a modification to the exterior of the <br />existing restaurant and the Conditional Use Permit review procedure is required. <br />4. The property is considered to be legal nonconforming because it operates without a <br />Conditional Use Permit, which is required for all restaurant uses in the NB District. <br />5. A Conditional Use Permit for the restaurant use is being requested to bring the property <br />into compliance with the Zoning Code. <br />6. Restaurants in the NB District shall not exceed 3,000 gross square feet in size. <br />7. The existing restaurant is 4,806 gross square feet in size. <br />8. The proposed deck addition would not increase the gross square footage of the restaurant. <br />Gross square footage does not include areas such as uncovered decks or patios. <br />______________________________________________________________________________ <br />City of Arden Hills <br />City Council Meeting for April 27, 2015 <br />P:\Planning\Planning Cases\2015\PC 15-006 - Big Ten Bar and Grill - CUP and Site Plan Review\Memos_15-006 <br /> <br />Page 3 of 6