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<br /> ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 11 <br /> Ordinance, Zoning Map, to include the Neighborhood Business District as stated <br /> . in Ordinance #315, except for the properties located at 3600 Snelling Avenue and <br /> 4703 Highway 10, <br /> Councilmember Larson stated this section deals with the items discussed like hours of operation <br /> and bicycle racks, He noted the preamble states the Council would make final determination of <br /> consistency with this provision, He asked for clarification from the City Attorney, Mr. Filla <br /> stated all new construction would have to adhere to the restrictions and requirements. He noted <br /> it could also be used as a barometer to see how non-compliant the existing structures are, He <br /> added the existing use could be non-conforming on all of them, but would be allowed to continue <br /> to cause pre-existing use, He stated the Council is the final determiner of review for an <br /> application to comply with the standards. <br /> Councilmember Larson asked if Big Ten or Lindey's would be able to continue as they are <br /> today, Mr. Filla stated each site has to be considered as they are on November 27,2000. He <br /> noted someone should make au inventory of what is there to determine the condition ofthe non- <br /> conforming use as the standard for measuring change. He added if they want to add an addition <br /> they would need to comply, <br /> Councilmember Aplikowski stated that taking more time to look at the properties and see what <br /> works for them does not preclude what they would eventually become, She noted the businesses <br /> have been there a long time and the Council is limiting them from growing, <br /> . Mayor Probst stated this designation gives them more opportunities, <br /> Ms, Chaput stated the setbacks arc less restrictive. <br /> Mr, Filla stated Lindey' s could expand their hours of operation, He noted cities effectively <br /> "take" properties if they adopt overly restrictive regulations, Hc added the standard is whether <br /> the property owner is left with reasonable use to the land rather than the best use, He stated the <br /> Lindey's site is allowed to do everything they could under the old regulations. He noted the City <br /> does not have to leave them with the highest and most profitable use of the land, He added that <br /> in many cases history has shown it has increased the value of the land. He stated it is the <br /> Council's choice, He noted state law imposes deadlines on bringing zoning into compliance with <br /> the Comprehensive Plan. I-Ie added this rezoning has been brought forward to try to address that. <br /> Councilmember Larson stated he would like to speak in opposition to the motion. He noted <br /> having heard the comments by the City Attorney, it is not clear where the two existing businesses <br /> are hurt. He added this rezoning does add some protection, He stated he would like to see these <br /> properties prevented from use as a nightclub in an area surrounded by residential properties, He <br /> noted thc rezoning would help the properties since they would have additional uses not present <br /> under the existing zoning. <br /> . Mayor Probst stated hc is torn since he does not want to lose five properties to save two. He <br /> noted two members ofthe Council have lived through the experience where the Comprehensive <br /> Plan and the zoning do not match. He added this issue has been discussed at length over the past <br />