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Construction of the deck was started without a building permit or any prior City approval (Attachment 3B-3). The Building Official placed a stop work order on the project pending approval of this Conditional Use Permit (CUP) Amendment. The applicant complied with the stop work order and filed this request for a CUP Amendment to continue with the work. The property is currently operating under a CUP, and exterior changes to the building require a CUP Amendment. In the event that this CUP Amendment is not approved, the applicant is aware that the smoking deck would need to be removed. The applicant was constructing the deck in order to provide space for patrons to smoke due to the recent statewide ban on smoking in bars, restaurants, and other public places (htto://www.health.state.mn.us/freedomtobreathe/). The applicant has indicated that he would like to be able to allow alcoholic drinks on the deck; however, the City Attorney has determined that the City issued liquor license currently does not permit alcoholic beverages to be consumed outdoors. Furthermore, the City Attorney has determined that the City Code does not have provisions for allowing the consumption of alcoholic beverages in outdoor areas of bars and restaurants. At the direction of the City Council, Staff is currently working on an amendment to Chapter Five of the City Code regarding liquor licenses. This amendment would likely allow alcoholic beverages to be consumed outdoors in designated areas, which would probably be in smoking areas and subject to certain design provisions. The liquor code amendment is not expected to be completed until January 2008. Therefore, if this CUP Amendment is granted, alcoholic beverages will not be permitted in this smoking area until a change in City Code is enacted and Blue Fox Bar and Grill applies for an amendment to their liquor license with the City. The applicant is aware of this restriction. The following planning cases have been previously reviewed for this property: 73-049 Conditional Use Restaurant and Liquor 3/25/75 (A) Permit Lounge 76-012 Conditional Use Restaurant and Liquor 7/19/76 (A) Permit Amendment Lounge Expansion 87-024 Conditional Use Restaurant and Liquor 8/10/87 (A) Permit Amendment Lounge Expansion City of Arden Hills Planning Commission Meeting for December 5, 2007 \\AhdocslIAHlAHdata\PlanningIPlanning Cases\2007107-031 Blue Fox CUP Amendment (PENDING)\120507 ~ PC Report - Blue Fox CUP Amendment.doc Page 2 of 7