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

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PLANNING CASE # 07-031- CONDITIONAL USE PERMIT AMENDMENT; BLUE FOX BAR AND GRILL; 3833 LEXINGTON A VENUE- PUBLIC HEARING Ms. Beekman reported that the applicant requested a conditional use permit to construct a 140 square foot, partially enclosed smoking deck on the northwest corner of the building at 3833 Lexington Avenue. He then provided background information and said Staff does not have any objections to the proposal and recommends the following six conditions: I. 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 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 may result in the revocation of this conditional use permit amendment andlor revocation of the City's liquor license. This condition may be rescinded if the City adopts a liquor ordinance amendrnent that permits the consumption of alcoholic beverages outside of the currently permitted areas. Chair Sand opened the floor to Commission questions. Commissioner Larson inquired if the door from the building to the deck is a required exit. Chair Sand stated the Staff report indicates that the submitted plans don't meet the State requirements, but do meet the requirements for the CUP amendment. Ms. Beekman stated the initial plans didn't meet the Freedom to Breathe Act and the amended plans have not been reviewed by Ramsey County Public Health Official.