CCP 12-18-2000 - Laserfiche WebLink

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e e . ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 i~ rJ;; ~',j 11 !l::T ~ ~ MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve Planning Case #00-38, Amending Section IV (A) of the Zoning Ordinance, Zoning Map, to include the Neighborhood Business District as stated in Ordinance #315, except for the properties located at 3600 Snelling Avenue and 4703 Highway 10. Councilmember Larson stated this section deals with the items discussed like hours of operation and bicycle racks. He noted the preamble states the Council would make final determination of consistency with this provision. He asked for clarification from the City Attorney. Mr, Filla stated all new construction would have to adhere to the restrictions and requirements. He noted it could also be used as a barometer to see how non-compliant the existing structures are. He added the existing use could be non-conforming on all of them, but would be allowed to continue to cause pre-existing use. He stated the Council is the final determiner of review for an application to comply with the standards. Counci1member Larson asked if Big Ten or Lindey's would be able to continue as they are today, Mr. Filla stated each site has to be considered as they are on November 27,2000. He noted someone should make an inventory of what is there to determine the condition ofthe non- conforming use as the standard for measuring change. He added if they want to add an addition they would need to comply. Councilmember Aplikowski stated that taking more time to look at the properties and see what works for them does not preclude what they would eventually become. She noted the businesses have been there a long time and the Council is limiting them from growing. Mayor Probst stated this designation gives them more opportunities. Ms. Chaput stated the setbacks are less restrictive. Mr. Filla stated Lindey's could expand their hours of operation. He noted cities effectively "take" properties if they adopt overly restrictive regulations. He added the standard is whether the property owner is left with reasonable use to the land rather than the best use. He stated the Lindey's site is allowed to do everything they could under the old regulations. He noted the City does not have to leave them with the highest and most profitable use of the land. He added that in many cases history has shown it has increased the value of the land. He stated it is the Council's choice. He noted state law imposes deadlines on bringing zoning into compliance with the Comprehensive Plan. He added this rezoning has been brought forward to try to address that. Councilmember Larson stated he would like to speak in opposition to the motion. He noted having heard the comments by the City Attorney, it is not clear where the two existing businesses are hurt. He added this rezoning does add some protection, He stated he would like to see these properties prevented from use as a nightclub in an area surrounded by residential properties. He noted the rezoning would help the properties since they would have additional uses not present under the existing zoning.