2015.03.24 CC Minutes - Laserfiche WebLink

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March 24, 2015 Consideration of a Special Use Permit and Nonconforming Use Permit for The Bru House, 1431 -1441 Silver Lake Road Acting City Manager Jacobson indicated Assistant Community Assets & Developrnent/Plantmg Director Gundlach would be presenting this item to the Council. Assistant Community Assets & Development/Plarimg Director Gundlach stated the applicant requests consideration of a special use permit in order to install a drive -thru facility at 1431 Silver Lake Road. Additionally, a nonconforming use permit is required because existing parking lot setback requirements do not comply with current standards. The applicant currently operates The Bru House at 1431 Silver Lake Road, which is the most westerly tenant space of the multitenant commercial building at 1431 — 1441 Silver Lake Road, which is owned and managed by Kraus Anderson. The applicant wishes to install a drive -thru at the east end of the building, in a space that is not contiguous with the current coffee shop. The applicant would install a drive -thru lane, improve a new 12.5' x 36' tenant space at the east end of the building only for drive -thru customers and not otherwise open to the public, and install a drive -up menu board and pick -up window (with lights) on the east building fagade. In accordance with Section 11 -020 (10), a special use permit must be obtained in order to implement a drive -thru facility. In accordance with Section 8- 460(2), a nonconforming use permit must be obtained in order to evaluate whether existing nonconformities can be reduced and /or eliminated. To summarize, the special use and nonconforming use criteria have been met due to the following: minimum drive -thru lane widths and lengths are met, traffic on public right -of -way will not be impacted, adequate parking is provided on site, sound from the menu speaker will not be audible at adjacent residences, no prepared food will be served via the drive -thru, and an adequate buffer and a fence will be included between the drive -thru and adjacent residences. Staff explained that the Planning Commission reviewed this request at their March 17th meeting and recommended approval of the special use permit with conditions. Councilmember Burg asked if any additional employees would be added. Lynn Barton, owner of the Bru House commented that she would be adding two new ernployees. Councilmember Jacobsen believed that the parking on the east end would be tight, given the proposed location of the drive -flu u. Assistant Community Assets & Development/Planning Director Gundlach reported that the property owner would be res-tlipiilg these parking spaces to be angled. Councilmember Bauman noted that the hours of operation would be changing from 6:30 am. to 6:00 am. She requested further information on where snow would be stored. Assistant Community Assets & Developmcnt/Planning Director Gundlach indicated that snow removal would continue as is. She noted that the garbage containers would in their current location against the building. Councilmember Bauman inquired how late the drive -thru would be open at night and questioned how this would impact the sunrounding businesses. Ms. Barton anticipated that the drive -thru would be open until 8:00 p.m. Assistant Community Assets & Development/Planning Director Gundlach did not believe that the drive - thru would unreasonably interfere with the surrounding businesses. Motion by Counedmember Jacobsen, seconded by Councilmember Burg to Adopt a Resolution approving the requests as submitted and subject to nine conditions. 5 Ayes, 0 Nays- Alotion Carried 4. Consider Approval of Revise Approval of the 2015 Revision of the North Suburban Communications Commission (NSCC) Joint Power Agreement (JPA) Acting City Manager Jacobson indicated the North Suburban Communications Cormission, the commissioners voted to recommend that the member cities approve a revision to the Joint Powers Agreement. He discussed the revisions in detail with the Council and recommended approval of the revised Page 6 of 8 3. Consideration of a Special Use Permit and Nonconfmning Use Pemtit for The Bru House, 1431 -1441 Silver Lake Road 4. Consider Approval of Revise Approval of the 2015 Revision of the North Suburban Communications Commission (NSCC) Joint Power Agreement (JPA)