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7.5. SR 04-21-1997ITEM ~. 5. ,ty of iver MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Ach, City Planner.~v~~ April 21, 1997 Conditional Use Permit Request by Greg Karnis, Public Hearing Case No. CU 97-7 Issue Greg Karnis is requesting a conditional use permit to operate a Class I restaurant and have on-sale liquor. Location The northeast corner of Highway 10 and 173rd (Bridgeman's Restaurant) Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business) Attachments Report to the Planning Commission dated March 25, 1997 Overview Mr. Karnis is requesting a conditional use permit to operate a Class I restaurant (sit-down) and have on-sale liquor. At this time Mr. Karnis is not proposing any exterior expansions to the building, however, will be making changes to the inside of the building to accommodate his restaurant plans. Attached is a survey illustrating the existing Bridgeman's parcel with current improvements to the site. The restaurant was originally constructed in the mid 1980's and therefore, does not meet several of the city's performance standards. Typically, a conditional use permit request triggers upgrading the site to meet the city's current standards; such as curbing, landscaping and setbacks. However, in this particular case staff has 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council Page 2 April 21, 1997 suggested that making any site improvements may be deferred based on the following: · The use of the building is not changing and will be maintained as a restaurant · No expansions to the existing building are proposed at this time · Long range plans for this area have not been fully analyzed and therefore, would not want the applicant to make any improvements to the site that may affect future sewer alignments, frontage roads, etc. Hours of Operation At this time Mr. Karnis is proposing to operate the restaurant seven days a week with the following hours: · Sunday through Thursday - 4 p.m. to 10:00 p.m. · Fridays and Saturdays - 4 p.m. to 11:00 p.m. The restaurant will initially be open for dinner only with the possibility of including lunches at a later date. Access off of 173rd Currently the Bridgeman's facility has a driveway access almost at the intersection of 173rd Avenue and Highway 10. This location is too close to Highway 10 and should eventually be relocated. The Planning Commission had recommended a condition be added to this permit which stipulates the appropriate time to close and/or relocate this access point. Long Range Plans As the City Council continues discussing the extension of water and sewer down the east Highway 10 corridor, staff is also analyzing other improvements eventually needed for this corridor; such as future frontage roads to serve commercial areas along Highway 10. Although nothing has been finalized, a quick analysis of this area may suggest that a frontage road be placed somewhere between Bridgeman's Restaurant and the existing buildings immediately to the east (Deano's Star Car Collision Center). In order to preserve this corridor, staff has recommended no "structures" be placed in a 35' strip along the northeast property line. Memo to the Mayor and City Council April 21, 1997 Well and Septic Page 3 The restaurant facility currently has a septic location in the northeast corner of the site. The system has two drainfields - one extending onto the adjacent property, and the second, paralleling the eastern property line. The building official has indicated concerns with the operation of the septic system. The building official has observed the drainfield in a failing condition and would recommend this system be corrected and made operational to meet all the state's requirements (Chapter 7080) prior to any building permits being issued to remodel the facility. Planning Commission Recommendation The Planning Commission recommends approval of the conditional use permit request by Greg Karnis to operate a Class I restaurant and have on- sale liquor with the conditions outlined in the staff report and including the following condition: o The access point closest to Highway 10 shall be removed at the time of upgrading of 173ra Avenue, or, at the time an application is submitted to expand the building, whichever occurs first. Recommendation It is recommended the City Council approve the conditional use permit request by Greg Karnis to operate a Class I restaurant and have on-sale liquor with the following conditions: The existing septic system be inspected and repaired to meet all of the state requirements prior to the issuance of any building permits. ° In order to preserve the opportunities for a future frontage road or utility corridor, no building construction shall occur within the northeasterly 35 feet extending from 173ra Avenue northwesterly to the north property line. At the time any building expansion plans are proposed, the entire site shall be reviewed for site improvements which meet the city's current ordinances. Any modifications to the existing signage shall meet the city's setback requirements for freestanding signs and consist of a monument style with a maximum height of 20 feet and sign area of 100 square feet. Memo to the Mayor and City Council April 21, 1997 Page 4 A site plan be submitted illustrating how the parking area will be striped. All drive aisle and parking stall dimensions shall conform to city standards. The access point closest to Highway 10 shall be removed at the time of upgrading of 173rd Avenue, or, at the time an application is submitted to expand the building, whichever occurs first. 'ty of 'Vel' ITEM 5.5. MEMORANDUM FROM: DATE: SUBJECT: Planning Commission Steve Ach, City Planner~~.~ March 25, 1997 Conditional Use Permit Request by Greg Karnis, Public Hearing Case No. CU 97-7 Request Greg Karnis is requesting a conditional use permit to operate a Class I restaurant and have on-sale liquor. Location The northeast corner of Highway 10 and 173rd (Bridgeman's restaurant). Zoning/Land Use C3 (Highway Commercial)/HB (Highway Business) Attachments Location Map Site Survey Overview Mr. Karnis is considering purchasing Bridgemans Restaurant and converting it to an Italian style restaurant which would be operated as a Class I (sit down) restaurant. Mr. Karnis is also proposing to offer hquor which is also a conditional use. At this time Mr. Karnis is not proposing any exterior expansions to the building, however will be making several interior changes. Attached is a survey illustrating the existing conditions on site. The Bridgemans Restaurant was constructed in the mid 1980's, therefore a lot of the site improvements do not meet the city's current standards. For example, the parking lot does not have curb and gutter as required in the commercial 13065 Orono Parkway · P.O. Box 490 ° Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Bridgemans CUP March 25, 1997 Page 2 district, nor are the landscaping requirements satisfied. Also, the two existing signs identifying Bridgemans and Commercial Printing Venture Graphics are within the required ten foot setback from property lines. Hours of Operation Mr. Karnis is proposing to operate the restaurant seven days a week with the following hours: · Sunday- Thursday 4-i0 · Friday - Saturday 4-11 The restaurant initially will be open for dinner only with the possibility of including lunches at a later date. Driveway Easement According to the property's legal description, a private easement for driveway purposes exists along the westerly 24 feet of the property and extends from 173rd Avenue parallel along Highway 10 to the next entrance off of Highway 10. This private easement allows the property owners along this stretch of Highway 10 to cross each other's property to gain access to and from each other's site. In actuality, the 24 feet that has been designated for the driveway easement is not being used, at least on the Bridgeman's site, because the sign is located in the middle of this easement. Access off of 173rd Avenue The first driveway off of 173rd Avenue into the Bridgeman's site is located too close to the intersection of Highway 10 and 173rd Avenue. Although this may not present a problem today, the driveway will eventually have to be either relocated or closed to allow for safer traffic maneuvers in this area. Depending upon the amount of traffic that is generated by this restaurant, the issue of closing or relocating the driveway may come up sooner than later. Long Range Plans As the City Council continues their discussions of extending sewer and water along the east Highway 10 corridor, staff is trying to plan for future improvements that will accompany further development of the east Highway 10 corridor. For example, eventually, some resemblance of a frontage road system will need to be put into place to serve the properties along Highway 10. A quick analysis of this area suggests that a frontage road may need to be placed between the Bridgemans Restaurant and the existing building Bridgemans CUP March 25, 1997 Page 3 immediately to the east (Deano's Carstar Collision Center). It is not necessary to begin constructing this type of road at this time; however, the corridor to construct a road should be preserved for future considerations. Staff will recommend no "structures" be placed in a 35 foot strip along the northeast property line to preserve options across this property. Well and Septic The restaurant has a well located in the front of the building. This well is over 100 feet from the existing septic location. The septic location is in the northeast corner of the site. There are actually two drainfields that comprise this septic system. The first drainfield extends northeasterly onto the adjacent property for a distance of about 170 feet. Apparently there is a drainfield easement from the adjacent property owner to allow this drainfield to be in place. The second drainfield parallels the easterly property line (behind the building) underneath the overhead electric lines. The Building Official has indicated he has concerns with the operation of the septic system. The Building Official has observed the drainfield in a failing condition and would recommend this system be corrected and made operational to meet all of the state requirements (Chapter 7080) prior to any building permits being issued to remodel the facility. On Site Improvements Since Mr. Karnis is not making an expansion to the building, requiring on site improvements at this time may be an issue the Planning Commission may want to defer. Staff suggests this for the following reasons: · Mr. Karnis is not changing the use of the building rather, maintaining the same type of business (restaurant). · No expansions to the building are proposed. · Staff has not had enough time to fully analyze this area to make a firm recommendation on long range plans/improvements (i.e., frontage road, sewer ahgnment). Recommendation It is recommended the Planning Commission recommend approval of the conditional use permit request by Greg Karnis to operate a Class I restaurant and have on-sale liquor with the following conditions: The existing septic system be inspected and repaired to meet all of the state requirements prior to the issuance of any building permits. Bridgem ans CUP March 25, 1997 Page 4 In order to preserve the opportunities for a future frontage road or utility corridor, no building construction shall occur within the northeasterly 35 feet extending from 173~a Avenue northwesterly to the north property line. The improvements proposed by the applicant be completed within a two year time period. At the time any building expansion plans are proposed, the entire site shall be reviewed for site improvements which meet the city's current ordinances. Any modifications to the existing signage shall meet the city's setback requirements for freestanding signs and consist of a monument style. The sign standards shall be consistent with Elk Park Center and Hillside Crossing. o A site plan be submitted illustrating how the parking area will be striped. All drive aisle and parking stall dimensions shall conform to city standards. \\elkriver\sys\shrdoc\planning\pc\cu97-7.doc 178'~ \ x, 176TH 175TH 173RD ~ 172N0 171ST 169TH ~68TH PUO/ LOCATION .ILLSIOE I1 LOCATION ! /