Public Hearing - Lori Johnson, City Planner
Title
Title
Granting a Conditional Use Permit for the Addition of a Patio Area to an Existing Building and Outdoor Seating for 12 in a PBD (Planned Business District) Zoning District at 4190 108th Avenue NE. Lexside Shops LLC (Jersey Mike’s Subs) (Case File No. 21-0058/LSJ)
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Executive Summary
Jersey Mike’s is proposing to locate in the multi-tenant retail building in Lexington Meadows and is requesting the permission to have outdoor seating for 12 on a newly constructed patio adjacent to their tenant space.
Schedule of Actions
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City Council (Conditional Use Permit) |
08/02/21 |
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Action Deadline |
09/12/21 |
Background
Staff report prepared by Lori Johnson, City Planner
There is a multi-tenant retail building being constructed in the Lexington Meadows development. The Council approved a conditional use permit for this building and Starbucks is a tenant in the building. Starbucks also received a conditional use permit for outdoor dining at this location. At this time, Jersey Mike’s is proposing to locate in the south end of this building (Starbucks is on the north end) and the business is proposing to have outdoor dining, which requires a conditional use permit.
Jersey Mike’s is proposing to have seating for 12 in the outdoor dining space which is proposed to be located on the west side of the tenant space on the south end of this building. The standard conditions for outdoor dining are included with this conditional use permit recommendation.
The outdoor dining area will be subject to SAC (Sewer Access Charges). The applicant must work with the City’s chief building official and Metropolitan Council to determine the amount required for this use.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The public hearing is being held at the City Council meeting, therefore no review or recommendation was received from the Planning Commission.
Financial Impact
Not applicable.
Public Outreach/Input
Notice of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City’s website.
4. Posted (sign) on the property with contact information for the Planning Department.
Staff Recommendation
By motion, adopt the resolution.
Attachment List
Zoning and Location Map
Site Plan
Narrative
Body
WHEREAS, an application has been filed by Lexside Shops LLC (Jersey Mike’s Subs) as Conditional Use Permit Case File No. 21-0058; and
WHEREAS, said case involves the land described as follows:
Lot 1, Block 1, LEXINGTON MEADOWS 3RD ADDITION
WHEREAS, the Blaine City Council has reviewed said case on August 2, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 31.33 (8) of the Zoning Ordinance to allow for the addition of a patio area to an existing building and outdoor seating for 12 in a PBD (Planned Business District) zoning district based on the following conditions:
1. All signage requires a separate permit meeting the requirements of the Zoning Ordinance.
2. Temporary signage to be regulated under Zoning Ordinance Section 34.13.
3. The outdoor dining area will be subject to a SAC review and payment. The applicant must work with the City’s chief building official and Metropolitan Council to determine the amount required for this use.
4. Plans for amplified music or a public address system for the outdoor dining area to be reviewed by the City and approved by the management company prior to installation. Noise level of the music in the outdoor dining area to not exceed normal conversation level.
5. No outdoor advertising on building or patio area without obtaining a permit, including any signage on table umbrellas.
6. The outdoor dining area will be limited to the patio area identified on the site plan, and there can be no more than 12 seats in the outdoor dining area.
7. The ability to operate outdoor dining is reliant upon the applicant’s ability to adequately control litter and refuse as associated with the facility.
8. Exit doors in any railing or fence in the outdoor dining area shall be openable from the inside without the use of a key or any special knowledge or effort, per the Minnesota Building Code.
9. Provide manufacturing specifications and requirements for propane heater use and clearance to combustibles if they are to be used on site.
10. If fencing will be installed, the applicant will need to provide a detailed plan of the fencing to surround patio and acquire a permit for construction of said fencing. The fencing to match the colored elevation.
11. The uses permitted by this conditional use permit to be operated in accordance with all applicable city regulations and ordinance requirements. Violation of these standards or any conditions of the conditional use permit shall be enforceable, by the City as a misdemeanor violation.
PASSED by the City Council of the City of Blaine this 2nd day of August, 2021.