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ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 3 <br /> <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 />9. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a <br />Conditional Use Permit. <br />10. The proposal will have limited impacts on existing and anticipated traffic and parking <br />conditions. <br />11. The proposal will have limited impacts on noise. <br />12. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid <br />and solid waste on the property. <br />13. The proposal will not affect drainage on the property. <br />14. The proposal will not affect the population density on the property. <br />15. The proposal is unlikely to significantly affect land values on the subject property or on <br />neighboring properties. <br />16. The park dedication requirement does not apply in this case. <br />17. Where the proposed use is expected to impact the health, safety, convenience and general <br />welfare of the owners and occupants of the surrounding land, conditions may be placed <br />on a Conditional Use Permit to mitigate such impacts. <br /> <br />Associate Planner Bachler stated that based on the submitted plans and findings of fact, staff <br />recommends approval of Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. <br />Highway 10 for the existing restaurant use and the proposed deck addition. Staff recommends the <br />following nine (9) conditions to be included with the approval: <br /> <br />1. The project shall be completed in accordance with the plans submitted as amended by the <br />conditions of approval. Any significant changes to these plans, as determined by the City <br />Planner, shall require review and approval by the Planning Commission and City <br />Council. <br />2. Prior to the issuance of a building permit, the property owner shall file all necessary <br />paperwork with the City Clerk to update their existing liquor license to include the <br />outside seating area. <br />3. A building permit shall be required prior to any construction on site. <br />4. The final construction plans for the deck shall comply with the Minnesota State Code for <br />accessibility. <br />5. The property owner shall restripe the parking lot to provide the 84 parking stalls as shown <br />on the proof of parking plan provided. <br />6. Handicap stalls shall be provided on the property consistent with ADA requirements.