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