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5.5 J J ITEM 5.5. \4 lky of � MEMORANDUM lkRi• ver TO: Planning Commission FROM: Steve Ach, City Planner DATE: March 25, 1997 SUBJECT: 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 liquor 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 IIIdistrict, 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 4-10 • 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 III 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 alignment). 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: III 1. The existing septic system be inspected and repaired to meet all of the state requirements prior to the issuance of any building permits. Bridgemans CUP March 25, 1997 Page 4 • 2. 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 173rd Avenue northwesterly to the north property line. 3. The improvements proposed by the applicant be completed within a two year time period. 4. 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. 5. 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. 6. 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 • • I 1 • . • \ \ ' UNDERGROUND T ANNS REMOVED PER CLIENT—— \ -... ..\� fP EMO 0 J 3 • \ 9500 .� ' I /90' / I 1 w Z 0 o n. \ 70 n 1 • / j .?,`'.1 N O I %n 7 I Mod POSER,, ,N R O cl S O O t o yU ' n O V 0, O 7 •= . z \ Os n a o r N .14 S 0 "S rlsT% r/ I 1. SIGN 'S I 4 IGScr . 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No. line of "Township Rood", oleo north line of So. 66 feet o J - 173RD AVE. - - ---- �IF�: !MIi13MaW�j . `,\ ,11111'A Iiaev�d c ey fA nano � \1 S 175TH z 1741 173RD 8 p 172ND 1� 5 N � 171ST 1 1 170TH I 169TH I 168TH 1 167TH >I 166T 1e5n+ City of �/ • Elk River 13065 Orono Parkway • P.O. Box 490 Elk River, MN 55330 0 gm HILLSIDE Rid CIiY >AFN VA F tr 1 1 i 71 1 1 1 1 I LOCATION MAP CASE: c u ql-7 1�u