HomeMy WebLinkAbout2024/04/17 - ADMIN - Agenda Packets - Planning Commission - Regular Planning commission meeting
April 17, 2024
6:00 p.m.
If you need special accommodations or have questions about the meeting, please call Sean Walther at 952.924.2574 or the
administration department at 952.924.2505.
Planning commission meeting
The St. Louis Park planning commission is meeting in person at St. Louis Park City Hall, 5005
Minnetonka Blvd. Members of the public can attend the meeting in person or watch the
meeting by webstream at bit.ly/watchslppc and on local cable (Comcast SD channel 14 and HD
channel 798). Recordings of the meetings are available to watch on the city’s YouTube channel
at www.youtube.com/@slpcable, usually within 24 hours of the end of the meeting or study
session.
Visit bit.ly/slppcagendas to view the agenda and reports.
You can provide comments on agenda items in person at the meeting or by emailing your
comments to info@stlouispark.org by noon the day of the meeting. Comments must be related
to an item on the meeting agenda.
Agenda
PLANNING COMMISSION
1.Call to order – roll call
2.Approval of minutes – April 3, 2024
3.Hearing
4.Other Business
4.a. 3712 Quebec Ave S (Wells Roadside) – conditional use permits with variances
Applicant: Luke Derheim
Case No: 24-05—CUP, 24-09-CUP, 24-12-VAR
5.Communications
6.Adjournment
Future scheduled meeting/event dates:
May 1, 2024 – planning commission study session
May 15, 2024 – planning commission regular meeting
June 5, 2024 – planning commission regular meeting
June 19, 2024 – planning commission regular meeting
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Planning commission
April 3, 2024
6:00 p.m.
If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration
department at 952.924.2525.
Planning commission
Members present: Jim Beneke, Mia Divecha, Matt Eckholm, Katie Merten, Jan Youngquist
Members absent: Tom Weber
Staff present: Gary Morrison, Sean Walther
Guests: Luke Derheim, applicant
1. Call to order – roll call.
2. Approval of minutes – Mar. 20, 2024.
It was moved by Commissioner Eckholm, seconded by Commissioner Merten, to approve the
Mar. 20, 2024 minutes as presented. The motion passed unanimously.
3. Hearings.
3a. Zoning text amendment- restaurants with intoxicating liquor.
Applicant: Luke Derheim
Case No: 24-06-ZA
Mr. Morrison presented the staff report.
Commissioner Beneke asked for the definition of a restaurant vs. bar. Mr. Morrison stated
restaurant requires at least 50% of the proceeds to come from food, while a bar primarily
serves liquor, and the city of St. Louis Park does not allow a stand-alone bar.
Chair Divecha asked for clarification on the 25-foot set back if serving beer and wine, and if that
is set back from a residential property. Mr. Morrison stated that is correct. It is measured from
building wall to property line of a residentially zoned property.
Chair Divecha asked if this then removed the distinction between beer and wine and
intoxicating liquor and creates a consistent setback rule for these uses. Mr. Morrison stated
that is correct and pointed out the only difference remaining is that to serve intoxicating liquor
the owner would still need a conditional use permit.
Commissioner Youngquist asked if the beer and wine is limited to 3.2% alcohol. Mr. Morrison
stated it is not limited to 3.2%. He added beer and wine is licensed separately from intoxicating
liquor licenses.
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April 3, 2024
Commissioner Youngquist asked why and when this distinction came about between beer and
wine and intoxicating liquor.
Mr. Morrison stated he did not know the history, but recognized the trend in city policy
decisions has been to relax restrictions and not differentiate them. Newer zoning districts do
not have a setback requirement.
Commissioner Merten asked if this approval would be 25 foot or 100 foot setback for both. Mr.
Morrison stated it would require a 25 foot for both restaurants with beer and wine, and
restaurants with intoxicating liquor.
Chair Divecha opened the public hearing.
There were no comments from the public.
Chair Divecha closed the public hearing.
Commissioner Eckholm stated the distinction here is irrelevant and noted he will support this.
Chair Divecha agreed.
Commissioner Youngquist added she also agreed, and noted there is really no distinction
between beer, wine and intoxicating liquor these days, and she will support this motion.
It was moved by Commissioner Merten, seconded by Commissioner Youngquist, to approve the
text amendment to reduce the 100-foot setback from residential properties to 25 feet for
restaurants with intoxicating liquor in the C-1 neighborhood commercial zoning district. The
motion passed unanimously.
3b. 3712 Quebec Ave S (Wells Roadside)- conditional use permits with variances
Applicant: Luke Derheim
Case No: 24-05-CUP, 24-09-CUP, 24-12-VAR
Mr. Morrison presented the staff report.
Commissioner Merten stated she only counted 13 parking spaces. Mr. Morrison stated that is
correct on this landscaping exhibit, however the site plan shows a 14th spot which he pointed
out on the plan slide.
Commissioner Merten asked where employees would park. Mr. Morrison stated the applicant
operates The Block Restaurant also, and he noted they negotiated shared parking agreements
at off-site parking lots for employees at that location and they are exploring similar agreements
for the Wells Roadside location at some of the offices located nearby. The goal is to preserve
the most convenient spaces for customers.
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April 3, 2024
Commissioner Youngquist asked if parking is allowed on the frontage road at Hwy. 7 and
Quebec Ave. Mr. Morrison stated parking is not allowed there, and noted the road is narrow in
that location.
Commissioner Youngquist asked if there will be seating on the north side of the property. Mr.
Morrison pointed out the previous seating area on the grassy area on the north side of the
property will not be used, and noted the seating on the east side will be used.
Commissioner Youngquist asked if the existing seating on the north side is in the public right of
way. Mr. Morrison stated yes, it is. He added seating is allowed in public right of way with an
encroachment agreement. He noted this seating in the right of way and encroachment also
shows up on the east side of the property, adding that engineering staff have already reviewed
this seating on the east side of the lot that is proposed to remain, and they are fine with it. He
added there is also a short retaining wall which separates the east side seating area from the
sidewalk.
Chair Divecha asked about the additional property on the west and if that is out of scope. Mr.
Morrison stated that is correct and added the applicant is not pursuing the purchase of that
property.
Commissioner Beneke asked if the drive-in spaces are restricted only for those purposes or can
anyone park in those spaces. Mr. Morrison stated there is no proposal for drive-in spaces at this
time, so it will just be used as parking. He noted that the concept anticipates a lot of carry-out
service, so they may designate some spaces for short-term parking.
Chair Divecha opened the public hearing.
Russ Wilkinson, 3724 Pennsylvania Ave, stated he is two blocks to the east of the property. He
stated he has been in his home for 20 years and was there when the Galaxy opened. He stated
he understands this will go ahead and is a done deal, but he has concerns about parking. He
stated when Galaxy opened people drove all over their neighborhood, and in the alley behind
his home as well. He stated that traffic is a concern, and he noted he had placed cones in the
alley in the past to keep folks from driving there. He added at the last meeting they were told
100 people can sit at the site, and most cars would carry 2 people, so at capacity 2/3rds of the
parking would be in the neighborhood. He stated his neighbor had people parking blocking his
driveway and the owner then could not exit, and neighbors will have to compete for on street
parking spots. He stated this a concern, even though the owners have said it will be a quick
turnaround.
Bill Schwartz, 3715 Quebec Ave, stated he lives directly across the street and has been there 45
years, noting he was there when Wagner’s first came. He stated with seating for 100 people
and only parking for 14 cars, there will be parking on the streets. He stated he has a
handicapped parking sign in the front of his house, but that is ignored by most, even if police
are called. He added people drive down the alley like it is a racetrack and the house on the left
side has a daycare, so alcohol is not a good thing either with kids in the area. He stated when
Galaxy moved in the parking changed and made it worse, and added this is not set up for what
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April 3, 2024
they want to do. He stated he totally opposes this project and added every time there is a
change the situation gets worse and the parking is insane. He noted his parked car was hit twice
last year. He added there are no handicapped parking spots either and for 100 people, which is
required.
Michelle Gallagher, 3726 Rhode Island Ave, stated she is one street over from the project and is
for the project, adding she is happy the clientele will be much different than when it was
Galaxy. She stated cars idling all day and the constant parades was frustrating as a neighbor and
now having the grab and go will be better. She stated the owners make it very clear what their
intentions are at their restaurants, and it will be for dining, having a glass of wine or beer and
leaving. She stated her concern is the sidewalk along the frontage road and was not sure if they
plan to build a sidewalk. She stated a sidewalk is needed there for pedestrian and bike safety.
She stated overall she and her neighbors are excited about it and hope there will be a sidewalk
included, as she and other neighbors will be walking to the site.
Jamie Betterly, 3726 Rhode Island Ave, stated she understands the concerns of other neighbors,
adding this model is different from those in the past. She stated Galaxy drew a car crowd, with
cars idling and sitting for hours with no food orders, and this will be a come and go type place.
She stated Galaxy was a disappointment. With the owners of Wells, they are very
straightforward with their plans. She noted other neighbors are happy also to not have to cross
Texas and Highway 7 to get to a restaurant, and they are happy to be able to walk or bike to it
and gather. She added the location already exists and it will be utilized in a better way, so there
is excitement about the project, and concern that a sidewalk be built.
Chair Divecha closed the public hearing.
Chair Divecha asked for clarification on the sidewalk variance. Mr. Morrison stated with a plat, a
sidewalk is required along all of the street frontages. When the plat was submitted in 2006 it
included the property to west, and the city council granted a variance to not install the required
sidewalk along the frontage road. He added for this proposal staff discussed a sidewalk on the
frontage road and noted the city can require conditions to mitigate issues created by the
conditional use permit or parking variance, if granted. Because the variance would reduce on-
site parking, a sidewalk could be required as a condition of approval recognizing it will generate
on-street parking and pedestrian traffic from the neighborhood to the site. However, he stated
the number of mature trees that would have to be removed would be significant. The tree
removal, replacement tree plantings, payment of fees in-lieu of new plantings and grading
and/or retaining walls that would be needed all add to the impacts and costs of sidewalk
construction. Therefore, it was not recommended by planning staff that a sidewalk be required.
Chair Divecha asked if there is sidewalk at all there now. Mr. Morrison stated there is not a
sidewalk on the frontage road.
Commissioner Eckholm asked about connecting Quebec Ave to the Cedar Lake Trail to the
south, and if wayfinding could be improved. He noted there is an entrance to the trail at Rhode
Island south, and then over Lake St. and to Quebec Ave. He asked if there is some way to
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April 3, 2024
connect from the midtown greenway to connect here and cut down on the parking stress as
much as possible.
Chair Divecha asked if cars are allowed to idle when in the drive-up spots. Mr. Morrison stated
there is no ordinance about idling for the general public in the city. Commissioner Merten
stated there are informational signs around the city about idling and there was a campaign in
the city last year.
Chair Divecha stated she would encourage the applicant to put up no idling signs, for pollution’s
sake and also with food being served right there.
Chair Divecha asked about the drive-in spots. Mr. Morrison stated there will be no service to
drive-in spaces at this time, but the applicant did want to have this option included for the
future. He stated the parking on the north side is not drive-in, but parking spots only.
Commissioner Youngquist asked the applicant, Luke Derheim, several questions. She asked
about hours of operation. Mr. Derheim stated during the week it will be 11 a.m. – 10 p.m. for
winter and in summer open until 11 p.m. on Friday and Saturday nights, and potentially
opening Saturday and Sunday at 9 a.m. for breakfast. He stated this will be their first quick
service model with this type of project and different equipment for quicker cooking, with the
goal of providing fast service at a high value. He stated they want to address the parking also
and have quick app ordering with pick up and go, or ordering with drive-up, to keep things
moving in a fast, efficient and high-quality fashion.
Commissioner Youngquist asked if there will be any indoor seating. Mr. Derheim stated seating
will be all patio seating but with the ability to have drop down walls for the winter months, to
create an outdoor/indoor feel.
Commissioner Youngquist asked about protections for buying alcohol. Mr. Derheim stated they
will have a walk-up area and all beer or wine must be ordered there, at the window, and the
beverage will be handed to the individual, with ID required. He added there also will be no “to-
go” beer or wine orders.
Commissioner Merten asked if the louvers could be closed if it is raining. Mr. Derheim stated
yes, that is correct, adding they have had great success with them in a patio environment.
Chair Divecha asked about the walkability piece. Mr. Derheim stated they believe it is definitely
walkable, and noted the biggest thing is their staff is not parking on the site and are working
with properties to the east to find spots there. He stated they feel people will walk to the
location if the concept is good. He stated there are a lot of areas for off-site parking.
Chair Divecha stated in general she is in favor of this especially with the walkability and agrees
with the changes to parking to make things easier. She noted she is not interested in requiring
more parking, adding there may be an impact to the neighborhood, but added it is not
unreasonable and is worth the hassle. She added the walkability, and safety is worth discussion.
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April 3, 2024
Commissioner Merten stated this might be an attraction for a while and added people do not
drive 25 mph on the Frontage Road and also, she has concerns about people speeding down
Quebec, Rhode Island and Pennsylvania Avenues as well. She added she is not certain signs will
do that much and has concerns.
Commissioner Eckholm asked when the frontage road might be up for reconstruction, and as it
relates to speeding. Mr. Morrison stated at this point, there are no plans for reconstruction
there.
Chair Divecha asked if a sidewalk were proposed, would it only be related to this property area
and no continuous sidewalk. Mr. Morrison stated yes, that is correct and also noted the city’s
sidewalk improvement program, and this is the program where sidewalks are added as needed.
Commissioner Youngquist asked if this frontage road was part of the Connect the Park plan. Mr.
Walther stated it was not included in the Connect the Park plan, favoring connections to the
south instead. This area is not included in the 10-year capital improvement plan. He added it
would be unusual but not entirely unheard of to require improvements beyond the boundaries
of the lot, so it is common for a commercial use to build sidewalk adjacent to their use, but that
would stop at the property line. What neighbors are asking is to require sidewalk to be built
west to the next street. Either way, the sidewalk would not go east-west beyond this lot or
block. He noted each step the city takes that goes beyond the norm for conditions of approval
would have a higher standard to justify that.
Commissioner Eckholm stated any talk about walkability should be on the connection from the
south and there is a good walkable grid of streets there, adding there may need to be an
addition of signs on the Frontage Road so that folks know there is a safe way to get there.
Chair Divecha noted Mr. Schwartz comments and stated he is welcome to contact his city
council member related to parking issues in front of his home.
Commissioner Beneke stated he likes this project in general and the connections to walking. He
added he can see where parking may be an issue there but is not sure what more could be
done to improve it any better and added he will support it.
Commissioner Merten agreed this is a good solution at this location. She noted she understands
the city cannot require the applicant to do anything about the sidewalks here, but added it is
worth some conversations about how to improve this, so no one gets hurt on their way to the
location.
Commissioner Eckholm stated there are few ways this could be structured, but this plan is good
for this location, with a neighborhood restaurant and with recognition of what this site is and
what it is not. He stated this has a good shot at working and he will support it.
Chair Divecha added there will be an impact with parking and it is challenging, but she noted
the vision for the city is not lots of restaurants with parking lots adding the vision is density and
encouraging people to walk and bike to locations, which is good for affordability and livability.
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April 3, 2024
Commissioner Youngquist added she likes the idea of the project and is familiar with the
applicant’s other restaurants, noting they do a good job. She stated her concern is that the
seating is outside and with alcohol and also the later summer hours and with potential of noise,
she is wondering if the city has noise ordinances. She noted she has concerns about noise with
the single-family homes across the street.
Mr. Morrison stated the city does have a noise ordinance that would apply to music or a loud
party at a residence, adding he is not sure how effective it would be for normal conversation at
a patio in a business setting.
Mr. Walther noted C1 district also has restrictions on hours of operation and does allow for
operations after midnight without a conditional use permit. He added the shorter hours of
operation being proposed are welcome compared to what the district would allow.
It was moved by Commissioner Beneke, seconded by Commissioner Eckholm, to table
consideration to the April 17, 2024 planning commission meeting so staff can confirm proposal
will meet building code requirements. The motion passed unanimously.
4. Other Business – none.
5. Communications.
Mr. Walther noted the previous tabled item will be on the planning commission’s April 17
agenda and there will be a study session following the regular meeting to discuss the Arrive and
Thrive planning process. He added staff does expect the zoning ordinance to go to the April 15
city council meeting, and if approved, a second reading would be held on May 6. The Wells
Roadside CUP and variance requests would likely also be on the May 6 council agenda.
6. Adjournment – 7:21 p.m.
______________________________________ ______________________________________
Sean Walther, liaison Mia Divecha, chair member
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Planning commission: Regular meeting
Meeting date: April 17, 2024
Agenda item: 4.a.
4.a. Conditional use permit with variances - 3712 Quebec Ave. S. (Wells Roadside)
Location: 3712 Quebec Ave. S.
Case number: 24-05-CUP, 24-06-CUP, 24-12-VAR
Applicant: Luke Derheim
Owner: Luke Derheim
Subject property: 3712 Quebec Ave. S.
Review deadline: 60 days: April 23, 2024 120 days: June 22, 2024
Recommended
motion:
Motion to recommend approval of a major amendment to the
conditional use permit to operate a drive-in with conditions
recommended by staff.
Motion to approve a conditional use permit to operate a restaurant with
intoxicating liquor with conditions recommended by staff.
Motion to approve variances to driveway yard requirement, drive-aisle
width requirement, and minimum number of parking required with
conditions recommended by staff.
Summary of requests:
1. A major amendment to an existing conditional use permit approved in 2009 for in-vehicles
service (a drive-in restaurant).
2. A conditional use permit to operate as a restaurant with intoxicating liquor.
3. A variance to reduce a portion of the required parking lot yard to zero feet along the
north property line.
4. A variance to reduce portions of the drive aisle width as identified on the site plans.
5. A variance to reduce the number of required parking spaces from 26 to 17.
Site information:
Site area (acres): 0.38 acres.
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Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
Present considerations: The planning commission conducted and closed the public hearing for
these applications on April 3, 2024. Comments were received and are summarized in the
minutes attached to this meeting’s agenda.
• Building code review. Upon recommendation of staff, the planning commission tabled
consideration to the April 17, 2024, planning commission meeting to give time for staff
to resolve an outstanding building code review comment about the patio enclosure.
Staff was concerned that the enclosure would not meet the state building and energy
code. Staff consulted with the Minnesota Department of Labor and Industry (DLI) for an
opinion. The DLI provides the final interpretation for questions about the building code,
which includes the energy code. The DLI concluded that the proposed building meets
energy code. With this determination, staff concluded that the building may be
constructed as proposed.
• The building and energy department provided the following review comments.
• The proposed year-round restaurant building will need to meet the state building code. An
exception in the commercial energy code allows infrared heating (without restrictions on time,
permanence or portability, ambient temperature or duration of use) to be used when heat is
deemed necessary outside of any insulated building space. This design, while permitted, is not
consistent with the city climate action plan.
• City staff does not have a basis to recommend denial of the application provided it meets the
minimum state code requirements. The next best course of action is to guide the restaurant
owners towards choosing the lowest greenhouse gas emitting heating solution. The city’s
sustainability manager recommends the restaurant owners install electrically powered infrared
heat lamps, ideally equipped with timer functionality and power settings. As the electricity grid
gets cleaner, these lamps will become less and less carbon intensive—something that would not
be true of gas-powered heat lamps. The heat lamps’ use could also be offset with rooftop solar
panels or purchased renewable energy. Further, electric lamps do not require ventilation as
there would be no products of combustion.
Sidewalk construction. Requests for a sidewalk along the south side of the Highway 7 frontage
road were heard at the neighborhood meeting and public hearing. Staff revisited the issue and
determined that the city can require a sidewalk to be installed adjacent to subject property.
Therefore, staff added a requirement to construct a segment of sidewalk along the north side
of the subject property as a condition of approval to the major amendment of the existing
conditional use permit.
Extending the sidewalk farther west to Rhode Island Avenue may be added as a condition of
approval of the variance to reduce parking if the planning commission and city council find that
the condition is directly related and roughly proportional to the impact of the variance. In this
case, the impacts of the parking variance that will generate on-street parking in the
neighborhood, including Rhode Island Avenue, and pedestrian trips from the off-site parking to
the proposed use.
The impact of extending the sidewalk beyond the borders of the subject property would include
removing 13 mature trees totaling 174 inches diameter at standard height (DSH) according to
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Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
the city’s public tree inventory. These include 5 Red Pine (48 inches DSH combined), 3 White
Spruce (30 inches DSH combined) and a clump of 5 Green Ash trees (96 inches DSH combined).
These would need to be replaced at one inch for each inch removed through plantings or, more
likely, cash-in-lieu payments to the city.
There are no sidewalks on Rhode Island Avenue, no sidewalks on the frontage road east or west
of this block until Texas Avenue and Lake Street.
Zoning text amendment. At the April 3, 2024 meeting, the planning commission recommended
approval of a separate application to amend the zoning ordinance to reduce the required
setback from residential for restaurants serving intoxicating liquor. The recommendation was
forwarded to the city council for consideration on April 15, 2024. Staff will report on the city
council’s action at the planning commission meeting. If the city council votes against the text
amendment, then staff would recommend denial of the conditional use permit to operate a
restaurant with intoxicating liquor because without the zoning amendment, the subject
property would not meet the required 100-foot setback from residential.
Background: The drive-in restaurant was established in 1951. After recently being vacant for a
few years, it was acquired in 2008 by a new owner that remodeled and rebranded the site as
Galaxy Drive-In. The concept struggled as a seasonal restaurant, so a new plan to expand the
building and parking so it could be open all year was approved in two steps in 2009 and 2010.
First, in 2009, the city approved the owner’s requests to:
1. Amend the comprehensive plan to change the land use guidance for the subject
property and the property to the west from low density residential to commercial.
2. Rezone the subject property and the property to the west from R-2 single-family
residential to C-1 neighborhood commercial.
The drive-in had been operating as a legally non-conforming use. Rezoning the property made
the use a legal and conforming use. Although some dimensional legal non-conformities
remained, including insufficient parking, parking lot setbacks, landscaping, etc.
Next, in 2010, the property owner proposed a new concept for the drive-in restaurant that
included expanding the building to include year round seating, removing the house to the west
and expanding the parking lot onto that property. This proposal received several approvals, but
some have expired per city code regulations and the conditions of the approvals. Listed below
are the approvals and the present status of each.
1. A preliminary/final plat to combine the subject property with the property to the west.
The plat was never recorded, the properties were not combined, and the plat approvals
expired.
2. A subdivision variance to not install a sidewalk along the frontage road. The subdivision
variance expired.
3. A variance to the parking lot yard requirements. This variance expired because the
parking lot was not constructed.
4. A conditional use permit to operate an in-vehicle service (drive-in restaurant). The
conditional use permit remains because the drive-in use has not been abandoned or
revoked. While the building has been vacant for a few years, it still exists as a drive-in
and has been marketed as such.
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Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
Proposed concept: The proposed new restaurant, Wells Roadside, preserves the existing drive-
in model. People will order an pick up their order at a walk-up order window. Customers will
take the food to the tables on the patios and clear their own tables when finished eating.
Site and building changes: The proposal to remodel the Galaxy Drive-In into the proposed Wells
Roadside, as submitted, would make several changes to the site and building. They would
reconstruct part of the parking lot to widen the drive-aisle to improve access to parking spaces.
The number of drive-in parking spaces would reduce from 15 to 10. The outdoor seating area
would expand on the east side of the building and the overall outdoor seating would expand
from 931 square feet to 2,095 square feet. They propose to remodel and expand the canopies
on the east and west side of the building. And finally, they intend to enclose the spaces below
the canopies during the winter and inclement weather to allow seating all year round.
Restaurant with intoxicating liquor: The Wells Roadside concept includes beer and wine sales
for on-site consumption, and wants to serve “tap” cocktail specialties. The “tap” cocktails refer
to premixed cocktails that are served out of a bulk container such as a tap or other type of
container. Alcoholic beverages would not be allowed beyond the seating areas (exact
boundaries to be defined in later the licensing process) and would exclude vehicle parking
areas, including the drive-in spaces if people choose to dine in their vehicles.
A zoning text amendment would be required to allow a restaurant with intoxicating liquor on
this site, because it cannot meet one of the conditions of that use in the C-1 zoning district
which requires a 100 foot setback from residential zoned properties. The proposed zoning text
amendment would reduce the 100 foot setback to 25 feet. If approved, then the subject
property would meet the 25 foot setback. That request is being processed separately and
concurrently. The city council is conducting the first reading of the ordinance amending the
zoning ordinance to reduce the required setback to 25 feet at the April 1, 2024 city council
meeting. Staff will convey the results of the city council’s action. If the city council denies the
first reading then staff will have to amend its recommendation of the conditional use permit to
operate a restaurant with intoxicating liquor to a recommendation of denial because it
wouldn’t meet the required 100 foot setback.
Building code issue. The plan proposes to use a louvered roof system for the canopies over the
patio areas so they can be open to the sky during the summer and closed during the winter to
provide shelter from the elements. In addition to the louvered roof system, the plan includes a
vinyl wall system around the perimeter of the patio that will roll down to fully enclose the
patios so they can be heated and occupied during the winter. As noted above, the building and
energy department conducted its review and determined that the proposed system meets the
building code. Also as noted above, staff will continue to work with the applicant to improve
energy efficiency and reduce carbon emissions as much as possible.
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Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
Zoning analysis: Below is a table summarizing the zoning requirements for this project. Further
details on some of the requirements are provided after the table.
Factor Required Proposed Met?
Height 3 stories/35 feet 1 story/10 feet yes
Building Materials Minimum 60% class 1; Maximum
10% class 3
Existing building: prefinished metal
New pergola: temporary vinyl Yes1
Parking 26 spaces 17 spaces No2
Bicycle Parking 16 spaces 20 spaces yes
Yards – Front / Rear 5 feet 20 feet Building: 55 feet
Pergola: 19 feet
Building: 59 feet
Pergola: 47 feet yes Yards – Nort side / South
side North: 5 feet South: 5 feet North: 35 feet South: 36 feet
Floor Area Ratio 1.2 0.17 yes
Landscaping 10 trees 60 shrubs 12 trees, 65 shrubs yes
1 Existing building is legally non-conforming to the exterior materials requirement.
2 Variance required to reduce the number of required parking spaces.
Building materials. The existing building is legally non-conforming to the exterior materials
requirements of the zoning ordinance. The zoning ordinance requires at least 60% class 1
materials, which includes materials such as glass, brick, stucco and other materials. While the
building has some glass, it is primarily prefinished metal, which is a class 2 material. The
building can continue to exist and be maintained as legally non-conforming to this requirement,
so no changes to the exterior are required.
As noted above, the existing canopies will be remodeled to replace the roof with a louvered
system that will be open to the sky during the summer and closed during the winter to provide
shelter from elements. In addition to the louver system on the roof, the proposal includes vinyl
sides that will roll down to fully enclose the patio space so the restaurant can be open all year
round. The proposed vinyl sides would be mostly transparent to preserve views into and out of
the patio space. The zoning ordinance allows temporary structures for up to 180 days per
calendar year, so the temporary siding does not have to meet the architectural exterior
requirements.
Height. The existing building is one story, and approximately 10 feet in height. The plan does
not include any change to the building height. The maximum height allowed is 35 feet. The
buildings meets the height limits.
Parking. The zoning ordinance requires one parking space per 100 square feet of building area
for fast food restaurants. Fast food restaurants include restaurants without waitstaff such as
the proposed Wells Roadside concept. For purposes of determining compliance with zoning
related items such as minimum required parking, the term building includes the kitchen area
and the patios covered by the canopies. These patios are included because they can provide
shelter, which meets the definition of “building” in the zoning ordinance. The building is
approximately 2,800 square feet, and therefore requires 28 parking spaces. A 10% reduction is
allowed for proximity to transit to the west which reduces the parking requirement to 26
parking spaces. There are 14 parking spaces proposed on the site, and three parking spaces
available on Quebec Avenue South directly adjacent to the property. This makes 17 parking 15
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
spaces available to count toward the minimum parking requirement. The site is nine parking
spaces short of the 26 parking spaces required, and therefore needs a variance. Staff is
recommending approval of the variance, and the criteria for the variance is discussed below.
Bike parking. Sixteen bike parking spaces are required, and 20 spaces are provided.
Electric vehicle charging stations (EVCS). The zoning ordinance requires EVCS for parking lots
containing 15 or more parking spaces. The proposal has 14 parking spaces, therefore, EVCS are
not required.
Yards. As noted in the table above, the project complies with all minimum yard requirements
for the building.
The parking lot will be altered to remove parking spaces on the east side of the building and
move the curb along the north side closer to the property line. The parking lot on the west and
south side of the property will remain as is.
The zoning ordinance requires the parking lot to be at least five feet from the north and east
property lines because they are adjacent to streets. The applicant proposes, however, to
expand the drive aisle on the north side of the building to improve access to the parking spaces
located on the north side of the building. This expansion will require a five-foot variance to the
required yard to allow the edge of the drive aisle to be located at the property line. The
variance request is later in the report.
An eight-foot yard is required to the property line to the south because it is adjacent to a
residentially zoned property. The current yard for the existing parking lot is approximately 4.5
feet. This yard is legally non-conforming and can continue as such without a variance.
A yard is not required to the west because it is adjacent to a property zoned C-1. The property
to the west is used as a single-family home, however, it was rezoned to C-1 neighborhood
commercial in 2009. The existing yard to the west is approximately two feet, so it meets the
yard requirement.
Landscaping. The zoning ordinance requires one tree per 50 feet of site perimeter. Ten (10)
trees are required, and 12 are proposed. The zoning ordinance also requires at least 60 shrubs
and 65 are proposed.
Screening. A six-foot privacy fence exists along the south and west property lines. There is also
some landscaping, however, the amount of landscaping that can be installed is limited by the
small yards as noted above. Screening of the parking lot to the property to the south is legally
non-conforming and can continue as is. The screening was enhanced in 2008 when the property
was remodeled into the current Galaxy Drive-In. Though not required, there is a six-foot-tall
privacy fence and some landscaping that screens the lot from the lot to the west.
Sidewalk. City code requires commercial properties to have a sidewalk along all street
frontages. While the city granted a subdivision variance in 2010 to not install the sidewalk along
the north side, that variance has since expired because the plat it was approved with was never
16
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
recorded. Therefore, the city code requirement for the sidewalk needs to be met as illustrated
below:
Conditional use permit and variance review. The conditional use permit and variance
applications will be discussed below. Please refer to the attached drawings and site plans
below.
17
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
Conditional use permit major amendment: The applicant requests an amendment to the
existing conditional use permit to replace the approved site plans with the site plans for the
proposed Wells Roadside concept. Staff finds the application meets the conditions specifically
required to operate in-vehicle sales and service, and the general conditions required for a
conditional use permit as discussed below.
Conditional use permit to allow in-vehicle sales or service: A conditional use permit to allow
in-vehicle sales or service was approved in 1010. The current application is to amend the
site plan that was approved in 2010 by removing the parking lot that was proposed on the
property to the west and expanding the patio area on the east side of the building. See
comparison of the 2010 plan and proposed plan above.
a. Drive-through facilities and stacking areas shall not be within 100 feet of any parcel that is
zoned residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community centers
unless the entire facility and stacking areas are separated from said parcel by a building
wall. The drive-in facility was constructed in 1951. The 100-foot setback was not required
at that time, and therefore, it does not meet this setback. As a result, it is legally non-
conforming to the 100-foot setback requirement, and the proposal would continue this
legal non-conformity.
b. Stacking shall be provided for six cars per customer service point and shall comply with all
yard requirements. Service has always been limited to vehicles parked adjacent to the
Variance to parking lot yard
Variance to aisle width
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Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
building. Therefore, a stacking lane has never been a part of the drive-in concept. This
condition does not apply.
c. This use shall only be permitted when it can be demonstrated that the operation will not
have a significant adverse effect on the existing level of service of adjacent streets and
intersections. This restaurant was constructed adjacent to residential properties and with
limited on-site parking. As a result, it has always relied on some traffic through the
neighborhood and some on-street parking. The requested improvements to cover the
patios so the restaurant can be open year-round will require a variance to the minimum
number of parking spaces required. The proposal requires 26 parking spaces, and it
provides 14 on-site parking spaces and three on-street parking spaces. If approved, it is
anticipated that the facility will continue to utilize on-street parking as it historically has
with a potentially slight increase reliance on on-street parking. The difference being that the
facility will be open all year rather than being limited to during the summer only. As has
been demonstrated in the past, there is sufficient on-street parking to facilitate the use.
d. The drive-through facility shall be designed so it does not impede traffic or impair vehicular
and pedestrian traffic movement, or exacerbate the potential for pedestrian or vehicular
conflicts. The in-vehicle service does not impede the traffic flow on the site. Additionally,
the facility does not utilize a vehicle stacking area. Therefore, this condition is met.
e. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or
shall be otherwise located so that access can be provided without generating significant
traffic on local residential streets. The site direct has access to the Highway 7 frontage road.
f. Any canopy as part of this use shall be compatible with the architectural design and
materials of the principal structure. The canopy is existing. The proposed canopy will be
remodeled to be consistent with the new Wells Roadside concept with year-round use.
g. The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in
which it is located and conditions of approval may be added as a means of satisfying this
requirement. The use conforms with the comprehensive plan.
Conditional use permit-restaurant with intoxicating liquor: A second conditional use permit is
requested to operate a restaurant with intoxicating liquor. The application does not meet the
current zoning requirements to operate a restaurant with intoxicating liquor because the
building is approximately 36 feet from a residential zoned property to the south, and therefore,
it does not meet the 100-foot setback from residential properties requirement. The applicant,
however, applied for an amendment to the zoning ordinance to reduce the 100-foot setback to
25 feet. If the zoning ordinance text amendment is approved, then the conditional use permit
application would meet the zoning requirements to operate a restaurant with intoxicating
liquor as summarized below:
a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial
or shall be otherwise located so that access can be provided without generating significant
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Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
traffic on local residential streets. The property has direct access to the Highway 7
frontage road.
b. Buildings shall be located a minimum of 100 feet from any parcel that is zoned residential
and used or subdivided for residential or has an occupied institutional building including
but not limited to a school, religious institution, or community center. The application does
not meet the 100-foot setback, but would meet the new requirements if the code is
amended by ordinance to reduce this setback from 100 feet to 25 feet.
c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian
and vehicular movements within the parking lot. Pedestrian access is provided around the
building underneath the canopies.
d. The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in
which it is located, and conditions of approval may be added as a means of satisfying this
requirement. The application is consistent with the comprehensive plan.
Below is a summary of how both conditional use permit applications meet the general criteria
required for approval of conditional use permits. The review assumes the planning commission
will recommend approval of the zoning text amendment. If the planning commission does not
recommend approval of the zoning text amendment, then it should also not recommend
approval of the conditional use permit to operate a restaurant with intoxicating liquor because
it would not meet the 100-foot setback requirement.
1. Consistency with plans. It is consistent with and supportive of principles, goals,
objectives, land use designations, redevelopment plans, neighborhood objectives, and
implementation strategies of the comprehensive plan. The use of this property as a
restaurant is consistent with the comprehensive plan. The proposed building meets the
state building and energy code. Additionally, the building is small enough to not be
required to meet the city green building policy. City staff will work with the applicant to
install efficient infrared heating systems as recommended by the building and energy
department.
2. Nuisance. It is not detrimental to the health, safety, morals, and general welfare of the
community. It will not have undue adverse impacts on the use and enjoyment of
properties, existing and anticipated traffic conditions, parking facilities on adjacent
streets, and values of properties in close proximity to the conditional use. The restaurant
is adjacent to residential properties to the south, west and east. It was constructed in
1951 and has operated in a similar manner since. A review of aerial photos dating back
to 1957 shows that the site has consistently existed in some form as it currently stands,
and with limited on-site parking.
3. Compliance with code. It is consistent with the regulations, intent and purpose of city
code and the zoning district in which the conditional use is located. The proposed plan
meets the conditions required for a restaurant. It also meets the conditions for a
20
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
restaurant with intoxicating liquor only if the proposed text amendment to reduce the
100-foot setback to residential properties to 25 feet is approved.
Generally, the site meets code. There are some legally non-conforming conditions to
yard requirements, drive aisles width that exists, however, the proposal includes
improving some of these where they can. For example, a drive aisle on the north side
will be widened as much as possible. It is currently approximately 10 feet wide and will
be widened to 17.8 feet. It can’t be widened any further because it is proposed to be
built to the property line with no setback, and it cannot be allowed to extend over the
property line into the public right-of-way.
Variances are requested in addition to the conditional use permits that would allow
reduced yards, reduced drive aisle widths, and reduced parking. These variances are
discussed below. If the variances are approved, then this criteria for the conditional use
permit review are met. If the variances are not approved, then the conditional use
permits should be denied as the proposal would not meet code requirements.
4. Consistency with service capacity. It will not have undue adverse impacts on governmental
facilities, services or improvements which are either existing or proposed. The proposal is
consistent with sewer and water service capacity.
5. Site design. As noted in this report, the restaurant has existed since 1951, and there are
some legal non-conformities. The proposal seeks to expand the patio area to the east,
and relocate parking elsewhere on the site. It also will be open all year, instead of being
limited to the summer. These changes are mitigated by the requested variances, and
improvements to the flow of traffic through the site. It still, however, will rely on on-street
parking, which it has relied upon for many years, and possibly since it was built in 1951.
6. Consistency with utilities. It is consistent with the city’s stormwater, sanitary sewer, and
water plans. The utilities have capacity for the proposed use.
Variances. The applicant is requesting the following variances:
1. A five-foot variance to the required five-foot yard for parking lots adjacent to public
right-of-ways.
2. A seven-foot variance to allow a 17-foot wide drive aisle instead of the required 24 feet
for a drive aisle located along the north side of the property.
3. A variance to allow 17 parking spaces instead of the minimum 26 parking spaces
required.
When considering variances, zoning ordinance section 36-34(a)(2) requires that the city consider
the certain criteria listed in the ordinance. Below is a summary of staff’s findings for each of the
variances and for each of the criteria.
a. The effect of the proposed variance upon the health, safety, and welfare of the community.
Yard and aisle variance: These variances are needed to improve mobility around the
north side of the site and the ability to access parking spaces on the north side of the
21
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
building. The drive aisle is currently 10 feet, the required minimum width is 24 feet. The
24-foot width is needed to make turning movements into and out of parking spaces.
These variances would allow the drive aisle to be widened by five feet by reducing the
yard requirement to zero. Additional width is added to the drive aisle by converting the
parking spaces at the narrowest part of the drive aisle to compact parking spaces. The
variance along with the compact parking spaces results in a 17.8-foot-wide drive aisle.
The site has previously been operating with a legally non-conforming drive aisle. The
variances would remove the legal non-conformity by making it a legal 17.8-foot-wide
drive aisle.
Parking variance. The property currently has 14 parking spaces and is operating as a
seasonal drive-in with patio seating. The zoning ordinance does not have a parking
formula for a seasonal drive-in restaurant. Therefore, it is difficult to anticipate the
amount of traffic it will generate and the amount of parking required. The Wells
Roadside concept, however, converts the use to more of typical restaurant use by
enclosing the patios allowing the restaurant to be open all year round. As a result, the
city can apply the typical fast-food restaurant parking formula of one parking space per
100 square feet of building area to the concept. This generates the previously stated 26
parking spaces required for a restaurant of this size. While the conversion to a year-
round restaurant makes it difficult to compare the parking and traffic needs and impacts
to the previous drive-in, which also had patio seating, staff believes that the small size of
the restaurant, and the small size of the variance is reasonable to enable the existing
seasonal restaurant to convert to a year-round concept. Additionally, the variance to
improve access to on-site parking is expected to cause them to be used, when previously
they were not used due to their inaccessibility. Staff also believes that the impact will be
minimal compared to the summer traffic generated by the drive-in when it was
operating.
b. The request is in harmony with the general purposes and intent of the ordinance. All
three variances are intended to improve the operation and traffic flow of the existing
restaurant. In 2009, the city rezoned the property from R-2 single-family residential to C-
1 neighborhood commercial so that the use would be in harmony with the general
purposes and intent of the ordinance.
c. The request is consistent with the comprehensive plan. As previously noted, in 2009 the
land use designation of the property in the comprehensive plan was changed from low
density residential to commercial. As a result, the property is consistent with the
comprehensive plan.
d. The applicant for the variance establishes that there are practical difficulties in complying
with the zoning ordinance. “Practical difficulties,” as used in connection with the granting
of a variance, means that:
1. The property owner proposes to use the property for a land use permitted in the
zoning district in which the land is located. A variance can be requested for
dimensional items required in the zoning ordinance, including but not limited to
setbacks and height limitations.
22
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
Practical difficulties exist because the use is consistent with the C-1 neighborhood
commercial district. Restaurants with drive-ins are permitted in this district.
2. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
The restaurant was constructed in 1951 and changes to the site designed to
improve traffic flow and parking cannot be completed without the requested
variances. The site was constructed as a seasonal restaurant which creates
difficulties in maintaining staff to operate the restaurant.
3. The variance, if granted, will not alter the essential character of the locality.
The yard and drive aisle width variance are on the north side of the building
adjacent to the Highway 7 frontage road. They will have no impact on the character
of the adjacent residential properties. The variance to reduce the number of
required parking spaces is needed due to the technicality of converting the
previously outdoor patio area to enclosed seating area. The variance request is also
precipitated by the fact that the patio area was expanded by approximately 1,456
square feet. As noted earlier it is difficult to compare the impact of the Wells
Roadside to the previously operating Galaxy Drive-In. It is expected that the Wells
Roadside concept may increase traffic and on-street parking, however, staff
believes there is sufficient parking in close proximity to the restaurant. It is also
expected that because of it being nestled in a neighborhood, many of the
customers will come from the neighborhood, and will arrive as pedestrians or by
bicycle.
4. Economic considerations alone do not constitute practical difficulties.
As noted throughout this summary, economic considerations alone do not
constitute the only reason for the request. It is expected, however, that the
previous seasonal concepts struggled due, in part, by the inability to provide staff
while school was in session. Converting to a year-round concept is expected to
alleviate this problem and make the site more financially viable.
5. Practical difficulties include inadequate access to direct sunlight for solar energy
systems. Access to sunlight for solar energy systems is not applicable to this
request.
e. There are circumstances unique to the property including the shape, topography, water
conditions, or other physical conditions unique to the property.
The restaurant is located on a small property. Improvements to traffic flow and parking
cannot be made without variances to the yard and drive aisle requirements. Additionally,
converting to a year-round concept changes how parking is calculated.
f. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
The property has had difficulty operating as a seasonal restaurant. The original drive-in
was remodeled in 2010, however, that concept only lasted a couple years, and has been
23
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
vacant since it closed. Converting to a year-round restaurant is an important aspect to
operating a restaurant.
g. The granting of the variance will not impair an adequate supply of light and air to the
adjacent property, unreasonably increase the congestion in the public streets, increase
the danger of fire, or endanger public safety.
Granting the yard and drive aisle variances will not impact adjacent properties or cause
congestion in the streets, or otherwise endanger public safety.
Granting the variance to reduce the minimum number of required parking spaces may
increase impact traffic on adjacent streets. But it is difficult to determine if it will increase
traffic to the site. As noted earlier, it is anticipated that many of the customers will come
from the neighborhood as pedestrians or on bicycles. Additionally, the perception of
increased traffic is enhanced because the property has been vacant and the previous
business did not reach its expected potential and had to close down. Staff believes that
the Wells Roadside is a reasonable use of the existing drive-in and that the potential
traffic generated is acceptable given that most traffic will utilize the highway 7 frontage
road, and not drive through the neighborhood.
h. The granting of the variance will not merely serve as a convenience to the applicant but is
necessary to alleviate a practical difficulty.
As previously noted, the yard and drive aisle variances are needed to improve traffic flow
on the north side of the building and to improve access to the parking spaces on the
north side of the building. Also, the parking variance is needed due to the proposed
conversion of the restaurant from a seasonal restaurant to a year-round restaurant.
Next steps: If the planning commission makes a recommendation, then it will be considered at
the May 6, 2024, city council meeting.
Public outreach: A neighborhood meeting was conducted on March 19, 2024. Twenty-two
people attended the meeting. Generally, the neighborhood was in favor of the applications and
excited about its reopening. Concerns were expressed about traffic through the neighborhood
and the use of on-street parking. The majority supported the request for serving the specialty
cocktails, a couple people expressed concern about it.
Public hearing notices were mailed to property owners within 350 feet of the site and a sign
announcing the public hearing was posted on the property.
Staff recommendation: Staff recommends the following:
Motion to recommend approval of the major amendment to the conditional use permit to
operate an in-vehicle sales and service at 3712 Quebec Ave S with the following conditions.
Below is the existing special permit. Staff recommends removing the language indicated as struck
out, and adding language indicated as underlined.
1. The site shall be developed, used and maintained in accordance with Exhibits
incorporated by reference herein.
24
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
2. Prior to starting any site work, the following conditions shall be met:
a. A preconstruction meeting shall be held with the appropriate development,
construction and City representatives.
b. All necessary permits must be obtained.
c. Specifications for tree protection and erosion control fencing must be
submitted and approved by the City Forester. Required tree protection and
erosion control fencing must be installed prior to grading activities.
3. Prior to the issuance of a building permit, the following conditions shall be met:
a. The applicant shall pay the tree replacement fee of $12,075.00, for the
replacement of 105 caliper inches of trees on the site.
b. Plans shall be reviewed by the City Engineer and Zoning Administrator to
ensure that all proposed utilities, public access points and construction
documents conform to the requirements of the City Code of Ordinances
and City policies.
c. To ensure construction of the landscaping, other required public
improvements, and the cleaning of public streets during construction, a
financial guarantee shall be provided in the amount of 125% of the cost of
the landscaping materials.
d. The planned installation of any mechanical equipment shall include means
to ensure it is fully screened from off-site view.
4. The developer shall comply with the following conditions during construction:
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m.
b. Loud equipment shall be kept as far as possible from residences at all times.
c. The site shall be kept free of dust and debris that could blow onto
neighborhood properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
e. The site shall be kept free of dust and debris that could blow onto
neighboring properties.
f. The City shall be contacted a minimum of 72 hours prior to any work in a
public street. Work in a public street shall take place only upon the
determination by the Director of Public Works that appropriate safety
measures have been taken to ensure motorist and pedestrian safety.
g. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
5. Prior to the issuance of any temporary or permanent occupancy permit the
following shall be completed:
a. Fire lanes shall be signed and striped in accordance with the signed Official
Exhibits.
b. Landscaping and irrigation shall be in accordance with the signed Official
Exhibits.
25
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
c. Exterior building improvements shall be completed in accordance with the
signed Official Exhibits and approved materials and colors.
d. All mechanical equipment shall be installed and it shall be demonstrated that
all such equipment is fully screened from off-site views. To protect the
health, safety and welfare of the community, the painting of mechanical
equipment shall not be considered screening.
6. The number of customer seats allowed for the site shall be set at a ratio of three (3)
seats per each parking space, as follows:
a. The approved site plans include 36 off-street parking spaces and 13 on-street
parking spaces for a total of 49 available parking spaces. Under these
circumstances, 147 customer seats are permitted.
b. Should on-street parking restrictions around the site be modified in the
future, the number of permitted customer seats should be adjusted
accordingly.
7. No outside storage is permitted. Incidental outside storage shall be removed within
48 hours.
8. Fire lanes shall be in accordance with the requirements of the Fire Marshal.
9. To ensure pedestrian and vehicular safety, the installation of any on-site traffic
calming measures not indicated on the official exhibits, including speed bumps, shall
require a major amendment to the Conditional Use Permit.
10. Hours of operation at the drive-in restaurant shall be limited to the hours between
89:00 AM and 10:00 PM Sunday through Thursday, and 9:00 AM through 11:00 PM
Friday and Saturday.
11. Rights-of-way adjacent to the property shall be maintained clear from permanent
structures. A City right-of-way permit shall be required for any temporary use of the
right-of-way.
12. The conditional use permit is amended on (date of council meeting) by deleting
language indicated by a strike-out in previously approved conditions and adding the
following:
a. The previously approved exhibits are replaced by the exhibits approved at
the date of this council meeting.
b. The fence and all art and play structures in the public right-of-way shall be
removed. An encroachment agreement shall be required for any seating and
improvements installed within the public right-of-way.
c. Music from loud speakers shall not be audible from off-site.
d. All utility services shall be buried.
e. A public sidewalk that meets city public sidewalk specifications shall be
constructed within the south side of the highway 7 frontage road public
right-of-way.
26
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
f. The Mayor and City Manager are authorized to execute the Planning
Development Contract.
g. Prior to starting any land disturbing activities, the following conditions shall
be met:
i. A preconstruction meeting shall be held with the appropriate
development, construction, private utility, and city representatives.
ii. All necessary permits shall be obtained.
h. Prior to issuing any building permits, a Planning Development Contract shall
be executed between the city and developer that addresses, at a minimum:
i. The installation of all public and private improvements including, but
not limited to: sidewalks, parking lot, modifications to the boulevards,
and the execution of necessary easements related to such
improvements.
ii. A performance guarantee in the form of cash escrow or irrevocable
letter of credit shall be provided to the City of St. Louis Park in the
amount of 1.25 times the estimated costs for the installation of all
public improvements, placement of iron monuments at property
corners, and the private site stormwater management system and
landscaping.
iii. The applicant shall reimburse City Attorney’s fees in
drafting/reviewing such documents as required in the final plat
approval.
Motion to recommend approval of the conditional use permit to operate a restaurant with
intoxicating liquor with the following conditions:
1. Alcohol cannot be served to people in vehicles.
2. Alcohol cannot be consumed by people while in a vehicle.
3. Alcohol must be contained within the designated area approved as part of the liquor
license.
4. The facility shall not incorporate a separate bar area.
Motion to recommend approval of the requested variances to the required yard for parking
lots, drive aisle width, and minimum number of parking spaces for a restaurant located at 3712
Quebec Ave S with the following conditions:
1. The property shall be developed in accordance with the approved exhibits.
2. The site must maintain at least 14 parking spaces.
Supporting documents: aerial photo; developer narratives; project plans; draft planning
commission meeting minutes (earlier in the agenda)
Prepared by: Gary Morrison, zoning administrator
Reviewed by: Sean Walther, planning manager/deputy community development director
27
Regular meeting of April 17, 2024 (Item No. 4.a.)
Title: 3712 Quebec Ave S (Wells Roadside) – conditional use permit, variances
Aerial photo
28
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