CCP 09-13-1999 - Laserfiche WebLink

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. e e e ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 1, 1999 DRAFT 5 Commissioner Rye requested confirmation that, if a non-conforming use wished to expand, a variance would have to be applied for. Ms. Randall stated that this was correct. Mr. Elwood Caldwell, 1457 Arden View Drive, asked what would happen if Lindey's Restaurant were to bum down, under the current zoning or under the proposed Neighborhood Business District. Ms. Randall stated that ifthe business were to burn down entirely, it would have to be rebuilt under the current ordinance. Chair Erickson noted that a restaurant would be a special use under the Neighborhood Business Zoning District. Commissioner Rye agreed that, if the site were rezoned and later burnt down, there would be a shift in what would be allowed to be rebuilt. Mr. Caldwell pointed out that the Neighborhood Business Zoning District allows a variety uses that are not permitted under the B-2 Zoning District. Chair Erickson stated that the real challenge will come in the process of rezoning. The proposed Zoning Ordinance works well for approximately half of the identified sites and needs to be made to work with the existing businesses. He indicated that it was the intent of the City to allow or encourage the continuation of neighborhood business opportunities which add to the charm of the community. This was to protect neighborhoods from businesses being sold and redeveloped to a more intense use. This scenario may be what triggers when the rezoning actually occurs. He suggested that the sites could be identified but not rezoned until there is a request to change or rebuild. Commissioner Rye stated that when rezoning occured it normally was due to a request from a property owner. He asked how the process would work when a business wished to change uses. He noted that it was unlikely that a business owner would petition for a more restrictive Zoning District. Ms. Randall explained that, with many of these sites, if a property owner proposed to develop a site under the current zoning, there would have to be either a change in the Land Use Plan or the zoning must be changed to match the Land Use Plan. At this point the zoning and the Land Use Plan do not match for all seven sites. Once the Neighborhood Business District is created, the next step will be to work toward conformity between the Future Land Use Plan and the Zoning Map. Commissioner Nelson asked if under the Neighborhood Business Zoning District restaurants would be allowed to serve alcohol. Ms. Randall stated that the Zoning District would prohibit liquor stores and taverns. However, there was nothing prohibiting the sale ofliquor as an accessory to a restaurant. A restaurant would not be allowed to have a bar. Commissioner Nelson pointed out that both the Big 10 Supper Club and Lindey's Restaurant have bars. He asked what the approximate square footage was of these establishments. Mr. Lindemer stated that Lindey's Restaurant is 3,650 square feet. He indicated that many customers say that one nice thing about his restaurant is that it never changes. He intends to remain in the current location and has no intention of changing the use of the land. Commissioner Nelson noted that one intent for the Neighborhood Business Zoning District was to protect neighborhoods in the future when things do change. Commissioner Sand asked if the 3,650 square feet of Lindey's restaurant was the total gross usable space or just the foot print of the building. Mr. Lindemer stated that the square footage was the foot print of the building. Commissioner Sand confirmed that there was more usable space than 3,650 square feet. Mr. Lindemer stated that this would be true if the storage and office space was included. Commissioner Sand stated that the Planning Commission may wish