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File #: RES 13-041    Version: Name: 13-11 Yogurt Sundae
Type: Resolution Status: Passed
File created: 4/4/2013 In control: City Council
On agenda: Final action: 4/4/2013
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DINING WITH SEATING FOR TWELVE AND TWO BENCHES AT 12410 ABERDEEN STREET, SUITE 500. YOGURT SUNDAE. (CASE FILE NO. 13-0011/LSJ)
Sponsors: Bryan Schafer
Attachments: 1. Yogurt Sundae Attachments
ITEM:         11.1         DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DINING WITH SEATING FOR TWELVE AND TWO BENCHES AT 12410 ABERDEEN STREET, SUITE 500. YOGURT SUNDAE. (CASE FILE NO. 13-0011/LSJ)
 
Schedule of Actions
Planning Commission (Public Hearing)
03/12/13
City Council (Conditional Use Permit)
04/04/13
Action Deadline
04/08/13
 
Planning Commission
The Planning Commission voted unanimously to approve the conditional use permit. There were no comments at the public hearing.
 
Background
Yogurt Sundae is located at 12410 Aberdeen Street and is located next to Xperience Fitness, Foss Swim School and Walgreens.  This new yogurt shop would like to provide outdoor dining for its customers.  The attached drawing indicates they would like to have three tables and two benches outside of the establishment.  
 
The applicant is proposing seating for 12 at this location.  Approximately 3 or 4 people could be seated on the benches.  This site is located in a large commercial location where there is a great deal of shared parking between uses.  Because of the small number of tables proposed, staff does not see any issues with parking.  
 
The outdoor dining area will be subject to SAC (Sewer Access Charges).  The applicant must work with the City's Chief Building Official and Met Council to determine the amount required for this use.
 
All other requirements listed in the attached conditions are the standard conditions that the City applies to other outdoor dining conditional use permits.
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Zoning and Location Map
Seating Plan
 
Body
      WHEREAS, an application has been filed by Yogurt Sundae as Conditional Use Permit Case File No. 13-0011; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 12, 2013; and
 
      WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
 
      WHEREAS, the Blaine City Council has reviewed said case on April 4, 2013.
 
      NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 30.24 of the zoning ordinance to allow for outdoor dining with seating for twelve and two benches at 12410 Aberdeen Street NE, Suite 500 based on the following conditions:
 
1.      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 Met Council to determine the amount required for this use.
 
2.      No outdoor advertising on the building or outdoor dining area without obtaining a permit.
 
3.      The outdoor dining area will be limited to the above described area, and there can be no more than 12 seats and two benches in the outdoor dining area.
 
4.      The ability to operate outdoor dining is reliant upon the applicant's ability to adequately control litter and refuse as associated with the facility.
 
5.      No amplified outdoor music system is allowed.  
 
PASSED by the City Council of the City of Blaine this 4th day of April 2013.