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<br />~ <br />~HILLS <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />December 10, 2007 <br /> <br />CC Agenda Item 4.J <br /> <br />TO: Mayor & City Council <br /> <br />FROM: Meagan Beekman, Planner I <br /> <br /> <br />SUBJECT: Planning Case #: 07-029 <br />Blue Fox Bar and Grill, Jim Cossack <br />Conditional Use Permit Amendment <br />3833 Lexington Avenue <br /> <br />Reauest <br /> <br />Motion to Approve Planning Case 07-031 for a Conditional Use Permit Amendment at 3833 <br />Lexington A venue based on the findings of fact and the submitted plans as amended by the six <br />conditions in the December 5, 2007, planning case report. <br /> <br />Backl!round <br /> <br />The Blue Fox Bar and Grill is proposing to construct a 140 square foot smoking deck on the <br />northwest comer of the building. The deck will have a roof and partially enclosed walls. It will <br />not be attached to the building, but will be built adjacent to it. <br /> <br />Construction of the deck has already begun without a building permit or any prior City approval. <br />The Building Official placed a stop work order on the project pending approval of this CUP <br />Amendment. The applicant complied with the stop work order and has filed this request for a <br />CUP Amendment. In the event that this CUP Amendment is not approved, the applicant is <br />aware that the smoking deck would need to be removed. <br /> <br />Findinl!s of Fact <br /> <br />Staff offers the following twelve findings of fact for the Planning Commission's consideration: <br /> <br />General Findings: <br />1. The applicant is proposing to construct a 140 square foot, partially enclosed, smoking <br />deck adj acent to the existing structure. <br /> <br />\lMelro~inet.us\ardenhills\Planning\Planning Cases\2007\07-031 Blue Fox CUP Amendment (PCAPPROVED)\121007 - CC Report - Blue Fox <br />CUP Amendment.doc <br /> <br />Page 1 of3 <br />