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

Home Browse Search

2. The Blue Fox Bar and Grill is a Conditional Use in the B-3 zone 3. Exterior changes to the property require an amendment to the original Conditional Use Permit. 4. While the property exceeds lot coverage limits, the proposed smoking deck does not impact the lot coverage on the site. 5. The proposed smoking deck meets all setback requirements. 6. The proposed smoking deck will not have an irnpact on any landscaping or green space within the site. On the Conditional Use Permit Amendment: 7. The proposed smoking deck is not expected to have any significant impact on traffic or parking conditions. 8. 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. 9. The smoking deck will not impact any drainage on the site. 10. The proposed smoking deck will not have any impacts on population density. 11. The park dedication fee is not applicable to this application. 12. The proposed building does not conflict with the City's Comprehensive Plan or the intent of the Zoning Code. Recommendation The Planning Commission reviewed Planning Case 07-031 and unanimously recommends approval (7-0) ofthe Conditional Use Permit based on the findings of fact and the submitted plans as amended by 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 subrnit plans that cornply with all City building code requirements, fire code requirements, and all State requirements of the Freedom to Breathe Act, including that the walls be at least 50 percent open. 6. The applicant shall post signs on the deck and on the door to the deck that clearly prohibit taking alcoholic beverages onto the deck. Failure to put up the required signs rnay result in the revocation ofthis conditional use permit amendment and/or revocation of the City's liquor license. This condition may be rescinded ifthe City adopts a liquor ordinance amendment that permits the consumption of alcoholic beverages outside ofthe currently permitted areas. \\Metro-inet.uslardenhillslPlanning\Planning CasesI2007\07-031 Blue Fox CUP Amendment (PCAPPROVED)\121007 - CC Report -Blue Fox CUP Amendment.doc Page 2 of3