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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. 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. Staff Recommendation Based on the submitted plans and findings of fact, staff recommends approval 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. Staff recommends the following nine (9) conditions to be included with the approval: 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. ______________________________________________________________________________ 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 6 of 8