pf08-004 - Laserfiche WebLink

Home

� � �i 4.0 BACKGROUND 2z 4.1 The property at 2217 Snelling Avenue has a Comprehensive Plan designation of Business zs (B) and a zoning classifcation of General Business District (B-3). This CotvD�T�oNAL 2, UsE PERM[T (CUP) request has been prompted by the applicant's desire to operate an off- 2� sale liquor store in a"stand alone" building. 2b L� Za 25 30 s� 32 4.2 Although only one off-sale liquor license is currently available and is being pursued by other potential vendors, this fact must not affect the land use decision sought by the applicant. The City Council is being asked to answer the question of whether the proposed use is appropriate in the proposed location, not whether this vendor is more desirable than other potential vendors who may or may not ultimately be interested. Approving the CUP does not also approve the license application; it merely allows Mr. Allen to apply for the necessary off-sale liquor license. 33 5.0 STAFF COMMENTS s:� 5.1 Section 1005.015 (Business District Uses) of the City Code permits off-sale liquor stores 3s in the B-3 District within "shopping center building[s]" and allows off-sale liquor stores 36 in "stand alone building[s]" with a CUP. The term "Shopping Center" is defined in § 1002 3� (Definitions) of the City Code as a single building of at least 40,000 square feet that ss contains 4 or more tenant spaces. 39 40 a� 42 �, aa 45 ab 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 5.2 The subject building has only about 4,000 square feet and contains two tenant spaces, so it does not fall under the definition of a"Shopping Center." Although the City Code does not explain what a"stand alone building" is, Community Development staff is treating this structure as a stand alone building insofar as land uses are concerned since it fails to qualify as a Shopping Center. Staff therefore believes that the proposed use requires a CUP even though the same use would be permitted in the neighboring Shopping Center. 5.3 Section 1013 of the Roseville City Code allows the City Council to grant CUP's for land uses that are conditionally permitted in a zoning district and, in order to protect the public health, safety, and general welfare, any additional conditions deemed necessary may be imposed that are above and beyond the licensing requirements and operating regulations specific to off-sale liquor stores established in §302 (Liquor Control). Attachment C following this staff report is an excerpt of the requirements of §302 pertaining to off-sale liquor stores. 6.0 6.1 REVIEW OF CONDITIONAL USE PERMIT CRITERIA Section 1013.01 (Conditional Use Permits) of the City Code requires the Planning Commission and City Council to consider the following criteria when reviewing a CUP application: a. Impact on traffic; b. C. d. e. f. Impact on parks, streets, and other public facilities; Compatibility of the site plan, internal traffic circulation, landscaping, and structures with contiguous properties; Impact of the use on the market value of contiguous properties; Impact on the general public health, safety, and welfare; and Compatility with the City's Comprehensive Plan. PF08-004 RCA 022508 Page 2 of 4