12-10-07 Item 4J PC07-031 CUP at 3833 Lexington Ave

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STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CONDITIONAL USE PERMIT AMENDMENT CASE NO. 07-031 1.0 Recitals. A. Blue Fox Properties, a Limited Liability Corporation under the laws of the State of Minnesota, owns and operates The Blue Fox Bar and Grill, a restaurant and liquor lounge ("Permittee"), located on the following real property in the City of Arden Hills, Ramsey County, Minnesota ("Arden Hills"): SECTION 27 TOWN 30 RANGE 23 E 265 FT OF N 283 FT OF SE 1/4 (SUBJ TO RDS) IN SEC 27 TN 30 RN23 AND SECTION 27 TOWN 30 RANGE 23 S 90 FT OF N 373 FT OF E 265 FT OF SE 1/4 (SUBJ TO RD) IN SEC 27 TN 30 RN 23 (herein the "Subject Property"). B. On the 5th day of November, 2007, Permittee submitted a completed application to Arden Hills requesting that its existing conditional use permit be amended to allow a 140 square foot, partially enclosed, smoking deck to be constructed adjacent to the northwest corner of the building ("Smoking Deck Addition Application") on the Subject Property (See Exhibit A: Layout and Site Plan). C. On the 5th day of December, 2007, the Smoking Deck Addition Application was reviewed at a public hearing by the Arden Hills Planning Commission. The Arden Hills Planning Commission considered the recommendations of the Arden Hills staff, the comments of the public and recommended approval of the Smoking Deck Addition Application subject to certain conditions. 2.0 Approval of SmokinQ Deck Addition Application. On the 10th day of December, 2007, the Arden Hills City Council considered the Smoking Deck Addition Application, the recommendations of the Arden Hills Staff and Planning Commission, the effects of the proposed amended conditional use on the health, safety, convenience and general welfare of the owners and occupants of surrounding land and the community as a whole, and determined that the facts