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9. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a Conditional Use Permit. 10. The proposal will have limited impacts on existing and anticipated traffic and parking conditions. 11. The proposal will have limited impacts on noise. 12. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste on the property. 13. The proposal will not affect drainage on the property. 14. The proposal will not affect the population density on the property. 15. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 16. The park dedication requirement does not apply in this case. 17. Where the proposed use is expected to impact the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, conditions may be placed on a Conditional Use Permit to mitigate such impacts. Recommendation The Planning Commission reviewed this request and recommends approval (6-1, Holewa) of Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition, based on the findings of fact and the submitted plans in the April 27, 2015, Report to the City Council, as amended by the following nine (9) conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. Prior to the issuance of a building permit, the property owner shall file all necessary paperwork with the City Clerk to update their existing liquor license to include the outside seating area. 3. A building permit shall be required prior to any construction on site. 4. The final construction plans for the deck shall comply with the Minnesota State Code for accessibility. 5. The property owner shall restripe the parking lot to provide the 84 parking stalls as shown on the proof of parking plan provided. 6. Handicap stalls shall be provided on the property consistent with ADA requirements. 7. A barrier shall be maintained around the outside seating area to protect patrons from any hazards, including vehicular traffic and parking areas. 8. The City Council reserves the right to revoke its permission for the outside seating area if the impact of the outside seating area on adjoining property is inconsistent with the reasonable use and enjoyment of adjoining property or inconsistent with the health, safety, morals, and general welfare of the adjoining neighbors or community. ______________________________________________________________________________ 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 4 of 6