CCP 11-27-2000 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION - NOVEMBER 1,2000 6 residential neighborhoods, that the business predates the neighborhood, and therefore the neighbors sUlTounding the business have chosen to live in close proximity, . Mr. Lindimer stated, with regard to Item B, provision of service uses to adjacent residents, that their liquor opcrations are licensed by the Statc of Mirmesota, and they do not want their rights incrementally eroded by the restricted hours of operation specified under the NB district. Mr. Lindimer stated, with regard to Item C, limitations of uscs due to proximity to residential uses, that ifhistorical and current uses were the same, no adjacent arc as would exist. Hc addcd, with regard to Item D, emphasis on convenience, many neighborhood customers walk and ride their bikes to dine at Lindy's. Mr. Lindimcr stated, with regard to Item E, accommodation of a public commons, residents are welcome to enjoy a free cup of coffee at Lindy's any time, He added, with regard to Item F, adequate buffering, that adjacent residents indicate their approval of Lindy's huffering by choosing to live where they do. Mr. Lindimer stated, in his opinion, it is not sensible to rezone propcrtics when thc current use complies with limitations imposed by the Neighborhood Business District. He added that Lindy's should not be rezoned duc to its proximity to residential areas simply to accommodate the Comprehensive Plan, Mr. Lindimer stated the Neighborhood Business District has specific parameters into which certain types of businesses will fit and others can be invited to fit. He noted that it should not be forced on existing business types which do not wish to meet its critcria, e Mr. Lindimer requested that the Commission recommend to the Council that Lindy's retain its currcnt zoning designation of B-2 - General Business District. Chair Erickson closed thc public hearing at 8:20 p,m, Chair Erickson statcd that in reviewing the differences between the B-2 and NB districts, all requirements other than floor area ratio, lot covcrage and minimum landscaping are identical or less restrictive for the :N'B district. He added that restaurants are allowed in the NB district under a Special Use Permit, whilc they are pernlitted in the B-2 district He noted that there would be no issue in the NB district if a business continues to operate in CUlTent capacity. Ms, Chaput agreed. Chair Erickson stat cd that if a business in the NB district was sold or altered through remodeling or additions or there was a change of use, thcn the requiremcnts of the NB district would come into play. Ms. Chaput agreed, adding that since the business would already be in operation, the owner would not be required to obtain a Special Use Pennit but they would be required to meet all district requirements for construction, Chair Erickson reiterated that the requircments are less restrictive undcr the new classification than under the old one. He added that the business would not be required to establish a Special Use Permit as long as the business continues to exist in the same. He noted the zoning change does not affect parking requirements, which are regulated by building use. . Mr. Lindimer asked whether the business would be allowed to continue as before if the business use were to be interrupted by fire or flood or other incident. Hc cxpressed concern that a Special Use Permit could be denied at that timc, or the business could be othcrwise restricted.