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<br />". '\ <br /> <br />e <br /> <br />~ <br />/]'\~ HILLS <br /> <br />Agenda Item #: <br />Council Meeting Date: <br />Prepared By: <br />Originating Pepartment: <br /> <br />Staff Anthor: <br />Bndgeted Amonnt: <br />Actual Amonnt: <br />Final Action Needed By: <br /> <br />SA <br />November 24. 2003 <br />PH <br />CD <br />PH <br /> <br />Request of City Council Action <br /> <br />December 28. 2003 <br /> <br />Council Action Request: <br /> <br />Consider the following two varaniances and a Site Plan Review with the revised Landscape Plan and Planting <br />Schedule: <br />'A variance of 1,699 square feet from the Special Requirements for the maximum size of a restaurant in the <br />Neighborhood Business District (Section 5,H,3,a of the Zoning Ordinance, Special Requirementsfor the <br />Neighborhood Business [NBJ District [maximum size is 3,000 square feetj). <br />-A variance request to allow the enlargement of a non-conforming use (Section 9,D of the Zoning Ordinance, <br />Prohibited Activities for Non-Conforming Uses) <br />The applicant has also requested the review of the proposed site plan. <br /> <br />Staff Recommendation: <br /> <br />Council should consider thefollowingfindingsfor the variances: <br />1. The circumstances for which the variances have been requested are unique to the property. <br />2. Gronting of the variances would be in keeping with the spirit and intent of the City's Zoning Ordinance. <br />.3. The property in question could not be put to a reasonable use without the granting of a variance. <br />4. The hardship was not created by the property owner. <br />5. Granting the variances would not alter the essential character of the neighborhood <br /> <br />Council should consider the following conditions: <br />I.Prior to the issuance of building permits, the applicant shall provide the City of Arden Hills with a letter of credit, or a <br />cash deposit in the amount of one hundred twenty five percent (125%) of the estimated cost of the landscaping improvements. <br />The landscaping improvements shall be completed by May 31, 2004. if a letter of credit is provided, it shall not expire until <br />one (1) year after the completion date of the landscaping improvements. <br />2.Landscaping shall be placed as close as possible to the applicant's property line without harming the landscaping material <br />or the existing fence. <br />3. Landscaping shall be located whete possible to avoid growth into the adjacent mobile homes.. <br /> <br />Advisory Commission Action: <br /> <br />[8] Planning Date 10/1/2003 <br />o PTRC Dale <br /> <br />Action: <br />Action: <br /> <br />OReviewed <br />OReviewed <br /> <br />OApproved <br />OApproved <br /> <br />[8]Denied <br />ODenied <br /> <br />Supporting Documents: <br /> <br />. <br /> <br />[8] MemolLetter: <br />- Staff Report to the City Council dated November 24, 2003 <br />- Staff Report to the City Council dated November 10, 2003 <br />o Resolution (No, ) <br />o Ordinance (No. ) <br />o Engineering Recommendation: <br /> <br />o Attorney Recommendation: <br />