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<br />. <br /> <br />. <br /> <br />. <br /> <br />ARDEN HILLS PLANNING COMMISSION - JANUARY 3, 2001 <br /> <br />5 <br /> <br />began serving customers throllgh drive-in prescription pick-up windows, which is what is <br />being proposed. Therefore, staff believes that the variance request for a drive-in for a <br />Walgreens meets the spirit and intent of the Ordinance. <br /> <br />3. Whether the property in question can be put to a reasonable use without granting of a <br />variance. <br />The property can be put to a reasonable use without the granting of a variance. The proposal <br />for a Walgreens on the property meets all of the dimensional requirements of the lot (area, <br />setbacks, width, etc.). However, Walgreens may choose to not build in this location if a <br />drive-in is not permitted, as it has become an integral part of their business and a requirement <br />to be competitive in the metro area. Therefore, althollgh the property could be put to a <br />reasonable use without the variance, the applicant requires the variance for operation. This <br />particular use could not operate without the variance. <br /> <br />4. Whether the hardship was created by the property owner. <br />Again, the hardship on the property can not be identified as a physical hardship of the land. <br />This hardship is being created by the applicant through the proposal to construct a facility <br />that relies on a drive-in within 1320 feet of another drive-in facility. The hardship is not of <br />the shape of the land or its terrain. As referred to previously, it is based on a use that was not <br />identified in the Ordinance at its time of adoption and the requirement of this accessory use <br />for operation ofthe business at this location. <br /> <br />5. Whether granting the variance will alter the essential character of the neighborhood. <br />A drive-in for a drugstore has very little vehicle stacking compared to a fast-food restaurant. <br />The addition of a drive-in for this type of facility will hardly be noticeable and will not alter <br />the character of the neighborhood. Again, staff does not believe that it was the intent of the <br />Ordinance to prohibit drive-ins for drugstores. Although the hardship is not a physical <br />hardship of the land and that the hardship is at the request of the applicant, this use is <br />accessory to the primary use on the property and will not negatively affect the neighborhood <br />as it is proposed. <br /> <br />Ms. Chaput indicated staff recommends approval of Planning Case #00-45, for the following <br />applications, each contingent on the other's approval: <br /> <br />1. Lot split of the property at 1201 County Road E from one lot into two lots, for the <br />following reason and with the following conditions: <br />a) The proposal meets the minimum requirements of Section 22-12, (e) of the City Code; <br />b) The subdivision shall be recorded with Ramsey County within sixty days of approval <br />from the City Council; and <br />c) Following recording with Ramsey County, the applicant will provide a final plat plus <br />evidence ofrecording to the City of Arden Hills. <br /> <br />2. Variance from Section 6 (D) #1 (b), proximity to drive-in businesses, for the following <br />reasons; <br />a) The Zoning Ordinance was adopted without identifying this particular drive-in use and it <br />appears, by definition, that the application does meet the spirit and intent of the City's <br />Zoning Ordinance; <br />b) Although the property can be put to a reasonable use without this variance, it is required <br />for the operation of the business which is a permitted use within the district; and <br />c) The granting ofthe variance will not alter the essential character of the District. <br />