7.2 SR 10-05-2020 - Laserfiche WebLink

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State Statue �340A.410, Subd. 7 states: "A licensing authority may issue a retail alcoholic beverage license only for a space that is compact and contiguous". The various patio areas, while contiguous, are not compact. A single compact outdoor patio location exhibit shall be submitted and approved by city staff. The outdoor patio area shall be delineated with a permanent fence. The recommended fencing is to clearly demarcate where the consumption of alcohol can occur outside, help prevent the patio location from changing/growing based on what is approved, and to better control access to the area. The leg of the grass patio along the north side of the parking lot is questionable, as it does not meet the intent of being "compact". Staff recommends this area be removed from the approved site plan. Alternatively, the applicant could construct 6-7 parking stalls on the east side of the building and then utilize 6-7 proof of parking stalls in the rear for a larger compact patio area. The project will require a licensed architect to provide signed drawings, with code review, for any work completed in and/or on the building and shall include any proposed or future outdoor seating. Dog Park Since the Planning Commission meeting, the applicant has proposed a fenced dog park along the west side of the building. The I-1 district does not allow kennels, private or commercial. As to not classify the area/property as a kennel, the dog park should be limited to no more than six domestic animal units on the property at one time. This addition was not reviewed by the Planning Commission and staff has proposed several conditions to help mitigate any negative impacts dogs could have on the area. Animal unit, domestic is a unit of measure for domestic animals. Domestic animals under 20 pounds, at full maturity, count as one (1) animal unit and domestic animals 20 pounds and over, at full maturity, count as two (2) animal units. Landscaping The ordinance requires 26 trees for the property. The exiting tree inventory satisfies this requirement. Public Comments No one spoke for or against the request at the Planning Commission meeting. One existing tenant, X inka, Inc., reached out to staff indicating they were not notified of the proposal and/or meetings. The property owner was notified of the meeting. X inka, Inc., has submitted the attached information and photos. Their main concerns, outside of the lease and relocation issues, is building access and security, noise, restroom use, and vulnerable adults interacting with the applicant's clientele. Applicable Regulations In approving a CUP, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30- 654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a CUP can be ordered only if the use at the proposed location: 1. mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. With the submitted information from Minka, Inc., some concerns of noise and safety detrimentally