HomeMy WebLinkAbout12-10-07 Item 4J PC07-031 CUP at 3833 Lexington Ave
Prepared By:
Dept.:
Council Mtg. Date:
Final Action Needed By:
Meagan Beekman
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Agenda Item:
4.J
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Request for Council Action
Budgeted Amount:
Actual Amount:"
Funding
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:Motion to Approve Planning Case 07-031 for a Conditional Use Permit Amendment at 3833 Lexington Avenue Based on the Findings of Facti
iand the Submitted Plans, as Amended by the Six Conditions in the December 5, 2007, Planning Case Report
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ISubmitted Plans, as Amended by the Six Conditions in the December 5, 2007, Planning Case Report .
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4.J-2: Conditional Use Permit Amendment
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MEMORANDUM
DATE:
December 10, 2007
CC Agenda Item 4.J
TO: Mayor & City Council
FROM: Meagan Beekman, Planner I
SUBJECT: Planning Case #: 07-029
Blue Fox Bar and Grill, Jim Cossack
Conditional Use Permit Amendment
3833 Lexington Avenue
Reauest
Motion to Approve Planning Case 07-031 for a Conditional Use Permit Amendment at 3833
Lexington A venue based on the findings of fact and the submitted plans as amended by the six
conditions in the December 5, 2007, planning case report.
Backl!round
The Blue Fox Bar and Grill is proposing to construct a 140 square foot smoking deck on the
northwest comer of the building. The deck will have a roof and partially enclosed walls. It will
not be attached to the building, but will be built adjacent to it.
Construction of the deck has already begun without a building permit or any prior City approval.
The Building Official placed a stop work order on the project pending approval of this CUP
Amendment. The applicant complied with the stop work order and has filed this request for a
CUP Amendment. In the event that this CUP Amendment is not approved, the applicant is
aware that the smoking deck would need to be removed.
Findinl!s of Fact
Staff offers the following twelve findings of fact for the Planning Commission's consideration:
General Findings:
1. The applicant is proposing to construct a 140 square foot, partially enclosed, smoking
deck adj acent to the existing structure.
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CUP Amendment.doc
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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.
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Options
I. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "... it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
Deadline for Al!:encv Actions
The City of Arden Hills received the completed application for this request on November 5,
2007. Pursuant to Minnesota State Statutes, the City must act on this request by January 4, 2007
(60 days), unless the city provides the petitioner with written reasons for and additional 60 day
review period. The City may, with the consent of the applicant, extend the review period beyond
the initial 120 days.
Attachments
4J -1 Draft Planning Commission Minutes
4J-2 Conditional Use Permit Amendment
4J-3 December 5, 2007, Report to the Planning Commission-
htto:llwww.ci.arden-hills.mn.us
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Attachment 4J -1
Draft Planning Commission
Meeting Minutes
From December 5, 2007
December 10,2007, City Council Meeting
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.
Chair Sand inquired who conducts the review. Ms. Beekman stated the County
does the review on behalf of the State.
Mr. Lehnhoff stated the freedom to Breathe Act isn't clear about the requirement
about the open space.
Cornrnissioner Zimmerman inquired about changing the condition for
construction to address submitting the building permit plans prior to the
continuation of construction since construction has already begun. Ms. Beekman
stated that would be an appropriate change.
Commissioner Larson inquired if the deck is elevated. Ms. Beekman stated it is
slightly elevated.
Comrnissioner Larson stated there needs to be a landing on the exterior of the
door. He stated it will be encroaching in the drive aisle and it should be reviewed
by the Lake Johanna fire Department. Ms. Beekman stated the fire department
did receive the plans and the City has received comments from them. She stated
it didn't address the encroachment in the drive aisle.
Commissioner Larson stated he would like the fire department to specifically
comment on the landing in the drive aisle in addition to the requirement to
rneeting the fire code.
Chair Sand stated the notes indicate that there is intention of building on to the
south side of the building in the future.
Chair Sand opened the public hearing at 7:27 p.m.
Chair Sand invited anyone for or against the application to come forward and
make comment.
Jim Cossack, son of property owner, stated that if there is a landing needed it is by
one or two inches and it may be possible to add asphalt to the lot to meet the
requirements. He stated he did stop work on the construction prior to the City
stating they needed to stop work.
Chair Sand inquired if the applicant has received any guidance for being in
compliance with the smoking ordinance. Mr. Cossack stated he has tried to find
further information, but it is difficult to get information other than from the
State's freedom to Breathe Act website which is limited.
Chair Sand closed the public hearing at 7:32 p.m.
Chair Sand clarified Staff s recommendation on the building permit plan before
the continuation of building.
Commissioner Larson stated he thinks that the two weeks before the planned start
of construction will allow for the review prior to the issuance of a building permit.
Chair Sand stated he thinks it should be clear that the construction that has been
completed should be reviewed to be sure it meets the building requirements.
Ms. Beekman stated the report has been reviewed and there weren't any
comments about the language of the condition.
Commissioner Larson stated he thinks the language for the building permit should
remain the same.
Commissioner Zimmerman moved, seconded by Commissioner Modesette, to
recommend approval of Planning Case #07-03 I, Conditional Use Permit
Amendment; Blue Fox Bar and Grill; 3833 Lexington Avenue, subject to the six
conditions as listed in staffs December 5, 2007 report.
The motion carried unanimously (6-0).
This Planning Case will be reviewed at the Monday, December 10,2007, City
Council meeting.
Attachment 4J - 2
Conditional Use Permit Amendment
December 10, 2007, City Council Meeting
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
and circumstances of this particular case warranted the granting of the amended
conditional use permit subject to the following conditions:
A. The applicant shall continue to abide by the conditions of all previous permits
and reviews.
B. 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.
C. Building Permit Plans shall be submitted to the Building Official a minimum of
two (2) weeks before the planned start of construction.
D. Submitted plans must be completed and signed by a licensed Engineer or
Architect prior to the issuance of any building permits.
E. 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.
F. 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 and/or revocation of the City's liquor license. This condition may
be rescinded if the City adopts a liquor ordinance amendment that permits the
consumption of alcoholic beverages outside of the currently permitted areas.
2
Dated: _ day of
,2007.
CITY OF ARDEN HILLS
By:
Stan Harpstead
Its: Mayor
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
On this _ day of ,2007, before me, a Notary Public within and for
said county, personally appeared Stanley Harpstead to me, known to be the Mayor of
the City of Arden Hills, and he executed the foregoing instrument and acknowledged
that he executed the same by authority and on behalf of the City of Arden Hills.
3
BLUE FOX BAR AND GRILL
By:
Name:
Title:
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
On this _ day of ,2007, before me, a Notary Public within and for
said county, personally appeared , to me know to be the
of , and s/he executed the foregoing instrument and
acknowledged that s/he executed the same by authority and on behalf of the Blue Fox
Bar and Grill.
Notary Public
Drafted By:
Meagan Beekman, Planner I
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
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Attachment 4J - 3
Report to the Planning Commission
From December 5, 2007.
Available online at:
http://www.cLarden-hills.mn.us/planningcases
December 10, 2007, City Council Meeting