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['~', P'," t." r-- {,~ i;,,-[ ;' '\ {;"'C! 11 'i"" ~';,,, tl ~ r..;..;.;;.", ,,"I[> i ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 10 Councilmember Larson stated Mr. Lindemer has expressed concern about the designation concerning his property at the Planning Commission meeting. He indicated he does not know if Mr. Lindemer left satisfied or not. He added it was pointed out that Mr. Lindemer would be allowed to operate as he does now. He stated if Mr. Lindemer is concerned about selling the property but it would probably be more attractive now than it was. He noted he is not sure if all Mr. Lindemer's concerns were addressed. e Councilmember Aplikowski asked if Lindey's would be able to change their operation to stay open until later. Ms. Chaput stated it restricts hours of operation. Mr. Filla stated Lindey's and the Big Ten would both be non-conforming uses, which would usually have limited hours of operation, He noted both have liquor licenses, which allow them to operate until I :00 a.m. He added under state law any business with a liquor license cannot be restricted any more than any other business with such a license, He stated they have the ability to operate until I :00 a.m. as long as they renew the liquor license. He noted they might not choose to do it, but they could. Council member Rem stated she could see the sense of applying this zoning to vacant sites, but not on sites that are currently business locations. She noted she is aware it only would affect them if there are major changes, but there is also an issue about allowing dwelling units. She would prefer to table the matter until they can look more into these issues and whether the hours of operation need to be changed, etc. Councilmember Grant stated if that is a motion, he would second it. He noted he would like to see this come before the Council in a work session. e Mayor Probst stated that this has been discussed by the Council on several occasions, He noted it is fundamentally a planning issue and a Comprehensive Plan process. He added it seems to have no affect on an existing business unless there are major changes or it burns down. He stated one of these properties is in play right now for significant changes. He noted he suggests the Council move the matter forward and have the Planning Commission move expeditiously on the dwelling issue. Councilmember Rem stated she recalls from previous planning sessions that the sites would probably be done one at a time. She retracted the motion and noted to apply this zoning to vacant sites is no problem, but given some of the conditions she would like more time to reconsider the affect on the sites where the businesses are located. She added she believes housing does affect the sites, Ms. Chaput stated they do have an application coming forward. She noted in order for it to be redeveloped, it would be to the City's benefit for it to be rezoned. She added without the rezoning they would not be able to move forward because of the setbacks. Councilmember Aplikowski asked about the Baptist Conference site. Ms. Chaput stated it is indicated in the Comprehensive Plan to be future business. .