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e e e ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 D,1\) f~ fLT -_o,ib'\i. i~\~'- -.- 13 Mr. Filla stated Lindey's could go on as before and expand its hours of operation until I :00 a.m. He noted some building additions would be permissible under the new regulations. He added if anybody is not affected adversely, it would be Lindey's, He stated Lindey's appears not to be comfortable with the non-conforming use continued. Mayor Probst asked if the state liquor laws "trump" the zoning. Mr. Filla stated all liquor license holders must be treated equally, Councilmember Aplikowski asked about the bicycle racks, Ms. Chaput stated it is not a requirement. She noted staff hopes they would put it in, but would not have to unless they revise the site plan. Councilmember Aplikowski stated bars should not have bicycle racks. Councilmember Grant asked if the surrounding properties have been notified. Ms. Chaput stated all the properties within 300 feet have been notified. Councilmember Larson asked what the zoning is currently for the Lindey's site. Ms. Chaput responded B-2. She stated restaurants can exist in a Neighborhood Business District. She noted the Planning Commission did not think they were losing anything. Councilmember Aplikowski stated having been given assurances that nothing would change for the two businesses in operation, she would make a motion. MOTION: Councilmember Aplikowski moved and Councilmember Larson 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. The motion failed (Councilmembers Grant, Rem opposed). Mayor Probst asked for comments on the opposing view. Councilmember Rem stated part of her discomfort is the way the ordinance is written saying these things should be done. She noted that basically they would see non-conforming businesses going out of business and becoming conforming. She added she does not have a problem with rezoning the other five sites. Mayor Probst stated the only issue of non-conformity is the hours of operation and state law on liquor license holders overrides that. Councilmember Grant stated there would be no effect on the properties if they do not rezone them. He noted that if they expand the uses it would affect the other properties. Mayor Probst stated his concern with not dealing with these two properties is the Comprehensive Plan. He noted the Comprehensive Plan was approved and went through the public hearing process. He added the plan included these properties being rezoned. He stated he thinks they