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~inutes ,of Regular Council Meeting March 14, 1983 Page Three , (Mulcahy Christiansen voting in favor of the motion; McAllister, Woodburn voting in opposition). McAllister moved, seconded by Woodburn, that Council approve a variance to concur with the Planning Commiasion's recommendation, extending the existing building setback variance along the south property line. Motion failed. McAllister, Woodburn voting in favor of the motion; Christianaen, Mulcahy voting in oppoaition. . After further discussion, Mulcahy moved, seconded by Christiansen that Council approve the site plan with the proposed building at a location four feet north of the proposed location, approving a 13' variance (7' from south property line), based on the hard- ahip of locations of exiating buildinga on the site and usability of existing land for on-site storage. Motion carried unanimously (4-0) . Planning Commission Recommendation to Amend Zoning Ordinance Deferred Application for Drive-up Window - McDonalds Council was referred to Zehm's memo relstive to the appropriate application for a drive-up window at McDonalds. In discussion, Mulcahy said he is inclined to pursue it as a Special Use Permit situation because of a potential for "litter"; noted that if the application were coming in today, it would re- quire a Special Use Permit; therefore, feels the addition of a drive-up window would require a similar process; feels Special Use Permit is the better way to go. McAllister said they are changing from a "restaurant" to a "drive- in"; feels traffic is a significant problem now; it won't be less than it is now, with a drive-up window. After discussion, it was the general concensus of Council that the application be referred to the Planning Commission for site plan review. (It was Council's underatanding that if the Planning Commission determines a Special Use Permit is recommended, it will make the recommendation to Council.) Request for Permit to Vend Packaged Ice Cream Novelties from Mobile Ice Cream Truck In discussion, applicant explained that he has one truck; it will be driven less than 5 m.p.h. on residential streets, not on major thoroughfares; travels through an area once a day at a regular time each day; cost of items ranges from 25c to 65c. Applicant said he carries insurance and has a State Food Handler LIcense. After discussion, Mulcahy moved seconded by Christiansen, that Council approve the Itinerant Vendor Permit No.1. Motion car- ried (Mulcahy, Christiansen, Woodburn voting in favor of the motion; McAllister voting in opposition). . (It waa Council's understanding that the applicant will forward the required picture of himself to the Clerk Administrator (ordi- nance requirement) and that a separate permit will be requested, if anyone other than the applicant will be driving the ice cream vehicle in Arden Hills.) Ordinance No. 229 - Adopting Uniform Fire Code Council was referred to draft of Ordinance No. 229. It was noted that districts must be established under Section 4. Establishment of Limits of Districts in Which Storage of Flammable or Combus- tible Liquids and Bulk Storage of Liquefied Petroleum Gases are to be Prohibited. Council referred this Section to Planner Miller to assist Council in establishing the appropriate districts. -3-