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Plan Evaluation 1. Zoning Regulations A. Special Requirements for the Neighborhood Business District – Section 1320.08 The Special Requirements for the NB District within the Zoning Code require that the CUP review procedure be followed for all development that involves new building construction, modification of a building’s exterior, or modification of the site. The proposed deck addition is considered to be a modification to the exterior of the existing restaurant and, therefore, the CUP review procedure is required in this case. Restaurant uses are allowed in the NB District only after the approval of a CUP. No CUP has been issued by the City for the existing restaurant on the property. The Big Ten Supper Club property was rezoned in 2000 from B-2 - General Business District, which does permit restaurant uses without CUP approval. As a result, the existing restaurant is now considered to be a legal nonconforming use. 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 it can come into conformance with the NB District requirements for restaurant uses. B. Lot Size, Structure Coverage, and Landscaping The minimum lot size requirement for the NB District is 13,000 square feet. The property at 4703 U.S. Highway 10 is 47,622 square feet in size. A minor subdivision and lot consolidation was recently approved by the City in Planning Case 14-031 that will increase the area of the property to 50,295 square feet. The maximum structure coverage in the NB District is 35 percent. The principal building has a footprint of 4,806 and currently covers 10.1 percent of the lot. With the addition of the proposed deck, structure coverage would increase to 5,130 square feet, or 10.8 percent of the lot. The property is also subject to special requirements for the NB District, which state that restaurants shall not exceed 3,000 gross square feet in size. The proposed deck addition would not increase the gross square foot area of the restaurant. Gross square footage does not include areas such as uncovered decks or patios. Properties in the NB District are required to maintain minimum landscape coverage of 35 percent. The existing landscaped area on the lot is 6,710 square feet, or 14.1 percent of the total ______________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 8, 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 8