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9. The proposed smoking deck will not produce any significant noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid, or solid waste that would impact adjacent properties. Temporary noise and dust may be created during construction. 10. The smoking deck will not impact any drainage on the site. 11. The proposed smoking deck will not have any impacts on population density. 12. The park dedication fee is not applicable to this application. 13. The proposed building does not conflict with the City's Comprehensive Plan or the intent ofthe Zoning Code. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within three-hundred fifty (350) feet ofthe subject property. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or occupants in regards to this planning case, Staff Recommendation While the submitted plans do not conform to State requirements for outdoor smoking areas, the plans do appear to be in conformance with all other City criteria for a CUP Amendment. The applicant has agreed to modify the plans to be in conformance with State requirements for outdoor smoking areas, which simply involves removing the solid half walls on the two sides and replacing the walls with a railing for safety purposes. According to State requirements, the applicant can install screens instead of walls. Since the visibility of the deck from Lexington Avenue is minimal, Staff does not have any objections to the proposal. If the Planning Commission recommends approval of Planning Case #07-031, Staff recommends the following six conditions: 1. The applicant shall continue to abide by the conditions of all previous permits and reviews. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 4. Submitted plans must be completed and signed by a licensed Engineer or Architect prior to the issuance of any building permits. 5. Prior to the issuance of any building permits, the applicant shall submit plans that comply with all City building code requirements, fire code requirements, and all State City of Arden Hills Planning Commission Meeting for December 5, 2007 \lAhdocsllAHlAHdatalPlanninglPlanning Cases\2007\07.031 Blue Fox CUP Amendment (PENDING)\120507 - PC Report - Blue Fox CUP Amendment.doc Page 6 of7