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‘I <br />I <br />"iK <br />‘i <br />i» V I <br />l-f . <br />H' [ <br />f. <br />3. <br />4. <br />5. <br />6. <br />where a majority of customers order and are served their food at a counter in <br />Packages prepared to leave the premises to be consumed; or a drive-in where most <br />customers consume their food in an automobile regardless of how it is served, or <br />restaurants which serve intoxicating liquor or have live entertainment." Section <br />10.40, Subdivision 4 (D). <br />The applicant had appeared before the City Council on July 24, 2000 to request <br />approval to proceed with the interior remodeling and restroom addition, which had <br />been started. The restrooms are being expanded for handicapped accessibility. <br />The conditional use permit would permit live entertainment and expansion of the <br />floor area. The Council did vote to allow the remodeling to continue even though <br />a conditional use permit should have been required before the building expansion <br />began. <br />The City of Orono had issued a building permit to allow additional remodeling of <br />the Narrows Saloon which includes expanding the bar into the former Minnetonka <br />Photo space, now vacated. The property is located in the B-1 Retail Sales Business <br />District in which a Class II Restaurant is defined as a restaurant which serves <br />intoxicating liquor or has live entertainment. Expansion of the building requires <br />the owner to obtain a conditional use permit since Class II Restaurants are allowed <br />by CUP. <br />City files indicate no CUP has ever been issued for a restaurant on this property. <br />The use has required a CUP in the B-1 zone since, at least 196V. Expansion of the <br />facility into the former Minnetonka Photo space and a 4 ’ addition to the bathrooms <br />now requires a conditional use permit. Also, the B-1 district requires a commercial <br />site plan review before a building permit can be issued. Normally a commercial <br />site plan review has not been required for minor interior space remodeling, but this <br />application involves expansion of the building envelope. <br />The Planning Commission reviewed this application and held public hearings on <br />August 21, 2000 and September 18, 2000 and recommended approval by a vote of <br />6 to 1. It was the minority opinion of the Planning Commission that requiring the <br />"live entertainment" at 12:00 a.m. may be putting undue restrictions on the <br />business. <br />Page 2 of 7