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ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 I3 . anybody is not affected adversely, it would be Lindey's, He stated Lindey's appears not to be comfortable with the non-conforming use continued. Mayor Probst asked if the state liquor laws "tnunp" the zoning, Mr. Filla stated all liquor license holders must be treated equally, Council member Aplikowski asked about the bicycle racks. Ms, Chaput stated it is not a requirement. She noted staff hopes they would put it in, but would not have to unless they revise the site plan, Councilmcmber Aplikowski stated bars should not have bicycle racks, Councilmember Grant asked if the surrounding properties have been notified, Ms, Chaput stated all thc properties within 300 feet havc been notified, Councilmember Larson asked what the zoning is currently for the Lindey's site. Ms, Chaput responded B-2, She stated restaurants can exist in a Neighborhood Business District. She noted the Planning Commission did not think they were losing anything. Councilmember Aplikowski stated having been given assurances that nothing would change for the two businesses in operation, she would make a motion, . MOTTON: Council member Aplikowski moved and Councilmember Larson seconded a motion to approve Planning Case #00-38, Amending Section IV (A) of the Zoning Ordinance, Zoning Map, to include the Neighborhood Business District as stated in Ordinance #315, The motion failed (Councilmembers Grant, Rem opposed), Mayor Probst asked for comments on the opposing view. COlU1cilmember Rem stated part of her discomfort is the way the ordinance is written saying thesc things should be done, Shc noted that basically they would see non-conforming businesses going out of business and becoming conforming. She added she does not have a problem with rezoning the other five sites, Mayor Probst statcd the only issue of non-conformity is the hours of operation and state law on liquor license holders overrides that. Councilmember Grant stated there would be no effect on the properties if they do not rezone them, He noted that ifthey expand the uses it would affect the other properties. Mayor Probst stated his concern with not dealing with these two properties is the Comprehensive Plan. He noted the Comprehensive Plan was approved and went through the public hearing process, He added the plan included these properties being rezoned, He stated he thinks they . should continue down the path since there is no hardship or effect on any of the properties, He noted he is not sure what would cause them to have to come back and revisit these properties, --