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Page 2 of 11 City rezoned seven sites, including the Subject Property, to NB, Neighborhood Business District. Today, the Subject Property is considered legal nonconforming in this district. The Applicants are applying for Site Plan Review for evaluation of the site layout and parking modifications that are being proposed as a result of the operational changes impacted by the County Road E/Old Snelling Avenue Roundabout project. There are no changes to the restaurant operations or the building as part of this application. As a legal nonconforming site, the County has allowed the continuation of use of the two driveway accesses along Old Snelling Avenue and one access off of County Road E. The access off of County Road E is a smaller commercial/residential driveway. With the roadway project, the Applicants are required by Ramsey County to eliminate one of the driveway accesses along Old Snelling Avenue in order to bring the property closer to conformance with current County standards. Thus, the proposed parking lot improvements have triggered the Site Plan Review process for reconfiguration of the site layout. The Subject Property is approximately 1.5 acres which includes both a restaurant, a residential home, and a detached cottage. The main parking lot is located in the western and central portions of the lot. The site has significant tree canopy coverage with more green areas on the southern and eastern portion of the property. The parking lot reconfiguration will occur essentially within the same footprint that exists today with the exception of the addition of parking spaces between the building and eastern property line. For the Site Plan review, the proposed improvements include elimination of the southern most access on Old Snelling Avenue, upgrading the driveway access off of County Road E to full commercial standards, and the addition of parking stalls and a trash enclosure. The Planning Commission reviewed this application at their April 5, 2023 meeting. During the meeting, the Planning Commission voted to strike the draft Condition of Approval #5 “All retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Division prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations shall be submitted to the City.” This motion was made after the Applicant clarified that there would be no retaining walls on the Lindey’s property, but rather a retaining wall would be installed in the right-of-way as part of the roadway project and would be installed by the roadway contractor. He explained this retaining wall would be on a portion of land the County would be purchasing from Lindey’s and the retaining wall would be maintained by the County going forward. For this reason, he requested Condition 5 be removed from consideration. The motion carried unanimously (7-0). The Planning Commission also recommended approval with conditions of the application from Lindey’s for a Site Plan Review by a 7-0 vote.