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City Council Minutes <br />October 19, 2015 <br />Page 5 <br />Moved by Councilmember Wagner and seconded by Councilmember <br />Westgaard to adopt Ordinance 15-33 amending the City of Elk River zoning <br />map to rezone Oudot F, Elk Path Business Center, from R -1c (Single -Family <br />Residential) to BP (Business Park) as outlined in the staff report. <br />Motion carried 5-0. <br />7.4 Conditional Use Permit to Allow Drive -Through at Panera Bread Cafe <br />Mr. Leeseberg presented the staff report. <br />Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz <br />closed the public hearing. <br />Councilmember Westgaard asked if the existing Panera building was originally built <br />in the easement and if so, is the city approving an expansion of a non -conforming <br />building. <br />Mr. Leeseberg indicated in the current documents, the building is shown in an <br />easement but previous documents showed the building outside the easement. He <br />stated the city will allow the building to be expanded if approval to expand in the <br />easement is received from the owner of the easement. <br />Councilmember Wagner asked if any of the outdoor seating spaces will be removed <br />and if traffic flowing through the nearby businesses, especially the Subway drive -thin <br />area, would affect Panera's proposed drive -dim or cause any driving risks. <br />Mr. Leeseberg indicated there will still be some outdoor seating spaces. He stated <br />neighboring businesses hasn't made contact with the city with any concerns or <br />opposition, and during the site plan review process, the additional traffic flow <br />proposed didn't bring any concern from police or fire representatives. <br />Mayor Dietz asked if their deliveries would be affected by the drive-thru. <br />Mr. Leeseberg indicated to his knowledge the business will adjust their delivery <br />schedule and location to meet these proposed changes. <br />Moved by Councibnember Westgaard and seconded by Councilmember <br />Wagner to approve the Conditional Use Permit, Case No. 15-13 to allow a <br />drive-through at Panera Bread Caft with the following seven conditions: <br />1. The Conditional Use Permit shall not be recorded until all applicable <br />conditions have been substantially completed. <br />2. The authorized use shall not begin until the Conditional Use Permit is <br />recorded. <br />3. If the authorized use ceases for more than six months, the Conditional <br />Use Permit shall expire. <br />P01E®tI It <br />NATURE <br />