CCP 11-27-2000 - Laserfiche WebLink

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. . . ARDEN HILLS PLANNING COMMISSION - NOVEMBER 1,2000 7 Ms. Chaput stated that if the building or structure is damaged, it can be restored if such restoration is less than 50% of the fair market valuc of the structurc. She also noted that the business must come back into conformance with regulations of the district if the use is discontinued for over a year. Chair Erickson requested clarification with regard to the hours of operation, over which Mr. Lindimer had expressed concem. Ms, Chaput stated the 1'-<13 District hours of opcration could not be imposed on a business currently operating under different district regulations but that she would need to confirm that with the City Attorney. lf a complaint was made on the business operating outside these hours, it is possible that they would have to conform to the new requlations. Ms. Chaput stated she was not employed by the City when the proposed NB District language was added to the Zoning Ordinance, Commissioner Galatowitsch stated that the language was adopted due to business districts close to rcsidential areas which might have late night operations resulting in noise and traffic. Chair Erickson asked whethcr the NB District's purposes would havc any impact on evaluation of proposals or property. Ms, Chaput confirmed that the purposes would be considered when reviewing proposals to assist in determining what types of properties would be appropriate for the district. Chair Erickson stated that the cunent hours of operation would fall under requirements imposed when the property is rezoned, Ms. Chaput statcd that the existing hours of operation of the business would continuc to cxist until a major change to the property triggers the zoning amendment. Commissioner Sand requested clarification with regard to the square footage of Lindy's. Mr. Lindimcr stated the restaurant is approximately 3,650 square feet. Ms. Chaput stated a variancc would be required if an expansion were planned. Chair Erickson stated that special regulations exist for special uses in the NB District, and an increase in the size of the restaurant would be a zoning cvaluation based on district requiremcnts, Ms. Chaput stated the size requiremcnts could not be exceeded without a variance. Chair Erickson stated that if the Lindy's property were excluded from the list of properties to be included in the NB District, a variety of development options for the property could arise which would be unacceptable to the City. He added that the NB District protects the neighborhood arcas around it from inappropriate businesses while allowing the continuation of existing businesses which are appropriate within the neighborhood zone, Chair Erickson stat cd that if Lindy's continues to operate in its CUlTent mmmer, thc requirements of the NB District will not change or affect it in any way. He added it is not the intent of the Commission to restrict Lindy's ability to maintain its business in any way. Commissioner Bakcr moved, seconded by Commissioner Galatowitsch, to recommend approval of Planning Case #00-38, amcnding Section IV (A) of the Zoning Ordinance #291, Zoning Map, to include thc Neighborhood Business District as shown in the proposed zoning map, dated November 1, 2000, in exhibit A ofthc staff memo dated October 23,2000. The motion carried unanimously (6-0).