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May 10, 1978 Mr. John We Isch Big 10 Supper Club 4701 N. Hwy. 10 st. paul, MN 55112 ,Dear Mr. Welschz We have reviewed your request for a building permit for a stockman's Restaurant at 2550 Mississippi street. We find that we cannot issue a permit based on the plans you have submitted. -"'.- ,j _ . . .... .1J "_ The plans which you ~ave submitted are in conformance with the action of the City Council on November 23, 1976 authorizing issuance of the building permit. A considerable time has elapsed since that authorization and in the interim the Council has, on November 9, 1977, rezoned the property,west of 26th Avenue N.W. and north of Mississippi Street from B-3, General Business, to R-2, Two Family Residence. As this property is across the 'street from yours, the change in zoning revises the Zoning Code requirements as they apply to your property. You must increase the landscaped strip along your west property line from 15 feet to 25 feet in accordance with Zoning Code Section 10-ll0e. It appears to me that your plan can be easily revised to accommodate this change, however the building and some of the parking spaces will have to be relocated. It is my opinion that this change to the plan will have to be approved by the City Council as an amendment to the original site plan. It is also my opinion that such an amendme~t could be approved by the City Council without violating Ordinance No. 418, Inter~ Ordinance Regulating the Use of Certain property Within the city of New Brighton. That ordinance prohibits the issuance of building permits in areas where the present zoning is in conflict with the land use shown in the City's proposed Comprehensive Plan. Such a conflict exists in regard to your property. Since the building permit was originally authorized prior to adoption of the interim ordinance, we feel the site plan amendment can be approved by the Council.