87-1134 WIiITE - C1TV CLERK � �
PINK - FINANCE COUflCII
CANARV - DEPAR�TMEN�T CITY OF SAINT PAUL File NO. �� - l�3'�
BLUE � - MAVOR
� � �
�- � � � �� Counci esolution ---ti
� l
Presented By
� !
Referred Ta Committee: Date
Out of Gommittee By Date
WI-iERLAS , the Zoning Administrator on August 7 , 1986 dei,er-
mined that the proposea Kentucky Fried ChicYen restauran�c to
'ae located at Cleveland and Pinehurst was a fast food restaurant
based on their traditional franchise operation and therefore
the !Zoning Adminis-�rator determined tha� it was not a permitted
use iin a B-2 zoning disi,rict '�ecause fast food restauran�s
are firs�c permit'ced in B-3 zoning dis�rict; and
WHEP.�AS , L'ne August 7 , 1986 decision was appealed �co -che
BoaY^d of Zoning Appeals , the appellant alleging that �che pro�osed
:�entucky Friea Chicken restauran� was not a fas� food restauran-c
as idei ined by �he Ci'cy' s Zoning Coc�e and the ;na�t�i,er was consi�ered
b;� !�che Board of Zoning Appeals on September 9 , 1986 bu� con�inued
fo� �che purpose of receiving more s�ecific plans froill ;,nz develop-
er o-� ��he proposed :{�n-cucky Fried Cnicken restaurant; and
,V�-::�R�AS , -�he Zonina Adnin�_s��a�or, by leti.er da-�ec� NIay
�r,; 1987 addressed to �sze �oara c� Zoning Appeals , sta-c�d that
he had changec� his ii�a�ngs and opinion and now believec� 'chat
tYaie probosed Kentucky r^ried Chicken would meet the zoning code
d���niLion of a restaurant based upon his examination oi -�he
v�oposed operation and determination that the principal �usiness
of ��e restauran�c �aould be the selling of unpackaged iooc� �o
cus�omers in a read;� 'co consume sta�e in in�ividual servings
om non-disposable ston��.v��r k�lates for customers to consurne
�nlhile seated a-c tables loca-�ec �a_�_'.h�z� the building; and
WHEREAS , the Board of Zoning ..������.1� aid by its resolui,ion
bn May 26 , 1987 find and determine -ci�G;: -c;ze Zoning Aaminisi.rator
k�ad committed an error in his original F.ugust 7 , 1986 dei,ermi-
!nation tha� the proposed Kentucky Fried Chicken would consti�i.u�e
a �ast food restaurant as defined by �he Zoning Code based
;upon the following findings of fac�:
C(JUNCILMEN Requested by Department of:
Yeas Nays
In Favor
_ Against BY
Form App d by City Attorne
Adoptad by Council: Date
Certified Vassed by Council Secretary BY
By
A►ppro,ued by Ytavor: Date Approv b Mayor for Submission to Council
By I BY
. � �7. 1�3�
(1 ) Kentucky Fried Chicken proposes to build a new eating
establishment at the northeast corner of Cleveland and Pinehurst
to replace the existing Kentucky Fried Chicken at Ford at Finn
which would be demolished to permit construction of the Ford
Mall .
(2) Plans dated April 1 , 1987 and a written description
dated April 14 , 1987 on the proposed Kentucky Fried Chicken
indicate :
a. Seating for 54 people ;
b. A drive-through window so people can order items
from their car ;
c . 65% to 75% of the business will be eat-in;
d. Stonewear plates and silver flatwear would be
used for all eat-in orders . A dishwasher is
shown on the floor plan;
e. A waitress will refill beverage orders , bus
dishes and generally assist customers ;
f. Hours would be 11 : 00 A.M.to 10: 00 P.M. ;
g. 36 parking spaces will be provided compared
to 24 as required by the Zoning Code ;
h. A blow-down tank will be installed to remove
chicken odors from steam released during the
pressure cooking process .
( 3) According to a survey done by the appellant to all
Kentucky Fried Chickens in other parts of the country with
a similar operation to that proposed here , all showed a majority
of btzsi_ness done with eat-in rustomers ; and
WHEREAS , this decision of the Board of Zoning Appeals
was appealed to the City Council by Jan Thell , 2036 Highland
Parkway, Saint Paul , Minnesota; and
2 .
�
WHITE - CITV' CLERK
PINK - FINNNCE G I TY OF SA I NT PAU L �Council �� f�3,�
CANARV - DEPARTMENT
BLUE - MAViOR File NO.
. , .
' � � � Ceu 'l Resolution
� ,
Pcesented By
Re�erred To Committee: Date
Ourt of Committee By Date
� WHEREAS , acting pursuant to Sections 64.025 through 64.208
a}�d upon notice to appellant and the affected property owner,
a public hearing was duly conducted by the Saint Paul City
Cpuncil where all interested parties were given an opportuni�y
t�o be heard; and
' WI-iEREAS , the Council having heard the statements made
and having considered the appeal , the decision of the Board
df Zoning Appeals , the findings of the Zoning Administrator,
and the report of staff, does hereby
RESOLVE, that the Council of the City of Saint Paul does
Yaereby affirm the decision of the Board of Zoning Appeals in
�his matter and does hereby concur in the findings made and
determined by said Board; provided, however, that this finding
�nd determination maae by the City Council is based upon the
mequirement that the drive-through window at the proposed Kentucky
�'ried Chicken restaurant be closed no later than 8 : 00 P.P�I.
each evening and that following one year from the date of this
�esolution the Zoning Administrator review the operations of
the Kentucky Fried Chicken restaurant to determine that at
least 52% oi the food orders at the restaurant are derived
�'rom 'the sit-down orders as contrasted with take-out business ;
and, be it
, �° FURTHER RESOLVED , that the appeal of Jan Thell be and
. ' ,is hereby denied; and, be it
� FURTHER RESOLVED, that the City Cler�� shall mail a copy
'of this resolution to Jan Thell , Ford Mall Associates , the
Zoning Administrator, the Planning Commission and the Board
;of Zoning Appeals.
� 3 .
COU[VCILMEN Requested by Department of:
Yeas Dpg�,J,� Nays �
—��.cosia
Rettmar�" in Favor
15�heibel � Against BY
�SOnnen
�leida
�V�lSOri A�� 5 " 1�? Form Appro d by City Attorney
Adopted�by Council: Date
Certified' Pa_ e uncil Se BY
�
By
�prove I �Navor: Date $7 Approved Mayor for Submission to Council
,y —� By
; PUBLISN�ID AU G 1 5 1987
� AUQIST, 1987
Nays
Yeas
_ �ICOSIA
RETTMAN�-�
`SCHEIBEL D �� J� ��
� � -���� �
'WEIDA
~_ 'WILSON
MR. PRESIDENT� DREW �
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A G E N A M A T E R I A L S
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COUNGIL ID4� �- DATE RECEIVED �/ �
AGENDA DATE AGENDA ITEM ��
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SUBJ�ECT �- .� ��
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ORI�INATOR � CONTACT
RESEARCH STAFF ASSIGNED � �l DATE SENT TO CLERK 1y�
COUNCIL ACTION
MASTER FILE INFO AVAILABLE c �
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H��IGHLANDAREACOMMUNITYCOUNCIL ��
2305 FORD PARKWAY ST.PAUL,MN 55116 (612)690-0866 ,..,
_, �;
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�,
RESOLUTION adopted by the Highland Area Community
Council at its regularly scheduled monthly meeting:
June 11, 1987.
The recent decisions by the City' s Zoning
Administrator ar� the Board of Zoning Appeals s�porting
the relocation of Kentucky Fried (�icken to the oorner
of Cleveland and Pinehurst have raised serious questians
about the intent, wnrding a�l interpretation of the B-2
zone r�arding restaurants, drive-in restaurants and
fast-food businesses. �
The impact of the rulings has created serious
concerns arnong the residents and businesses in the City
of St. Paul, and the Highland Area GoaYmunity Council
about the integrity of the zoning appeals process in
this City.
We, therefore, request the City Council to declare
a moratorium on "drive-thru" windows as part of
"restaurants" in B-2 zoned districts.
We also request the City Council to direct the
Planning Caimu.ssion to oonduct a st�dy of restaurants,
fast-food restaurants and drive-thru restaurants as the
City Code defines them, ar� report its reco�ndations,
within 90 days, to the Council for redefining same by
taking into accaunt the negative impact these will have
on certain residential neighborhoods and in consider-
ation of the City's c�ommitment to the District Council
planning process.
�-� � �
�
,
����2� S . k N ,�S 41��N i
;
�7- /r3� i�
3 . �
- � ..�/.�.�
. ST. PAUL CITY C�UNCI� .�'�- ���'�
PU6l.IC HEARING NOTICE �3
� ��
ZONING -
To: Property owners wi thi ng 350 feet; Fl L E N 0. 1I'19,�
Representatives of District 15
PAGE
PURPOSE � To consider an appeal of the decision by the Board of
Zoning Appeals that a Kentucky Fried Chicken proposed for
� this site is a "restaurant" and not a "fast food restaurant".
LOCA�TION Northeast corner of Cleveland and Pinehurst.
PETII�IONER Jan Thell
HEA�ING __ _ . .. . . .- _
. ouncil Chambers, 3rd Floor ity Hall -•Court House
QUESTIONS �ning 29s-4154 (Tom Beach)
Contact the Zoning Secticn of the Planning and Economic
Development Department, Room 1101, City Hall Annex.
25 W. 4th Street, St. Paul, Minnesota 55102
t, �-
- �.:_-
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Notice sent . `f
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• �{6�ttt °��
�° : ClTY OF SAINT PAUL
° ���„�,;,;, ; DEPARTMENT OF PLANNING AND ECONOMIC DEVEL(JPMENT
� ���� ����� ;ho' CIVISIrJNOF PLANNING
25 West Fourth Slreet,Sainl Pau:,F�innesota 55102
+.e•
612-292-1577
GEORGE LAI�CMER
n
nn�ror.� � �.r- ;a =1
�,1, r
` ��; ��
MEMORANDUM '
DATE: June 15, 1987
T0; Members of the City Council
A1 Olson, City Clerlc
Jerry Segal, City Attorney _
FROM: Tom Beach, PED '�!
RE: Kentucky Fried Chicken
Zoning File #10149
City Council Hearing: Wednesday, June 24. 1987
Purpose: To consider an appeal of a decision by the Board of Zoning Appeals
that a "pl.ated concept" Kentucky Fried Chicken (KFC) with a drive-
thru window proposed at Cleveland and Pinehurst is a "restaurant" and
not a "fast food restaurant" as defined by the Zoning Code and is
therefore permitted in a B-2 zoning district.
Board of Zoning Appeals Decision: It is a restaurant.
u ort: No letters received.
Opposition: 3 people testified, 3 letters and a petition signed by 60 people
were received.
Proposed Kentuckv Fried Chicl:en
The issue here is whether the pro�posed KFC is a "restaurant" or a "fast food
r.estaurant" under the terms of the zoning code. This is important beca.use if
it is a restaurant it may be located in a B-2 zoning district (the zoning at
Cleveland and Pinehurst.) but if it is determined to be a fast food restaurant
it would need to be located i.n a B-3 zoning district.
KFC is proposing to build a new facility to replace its existing operation at
Ford and Finn whicn is scheduled to be removed to make way for the Ford Mall.
The proposed facility would be a considerable upgrading of its current one. It \ `
would be constructed of brick with copper and wood trim and the interior would
have seating for 54 with upholstered seating and carpeting. It would also,
however, have a drive-thru service window which the existing one does not.
KI�C .ir�;uc�s thrit tlieir propas��l wi.11 meet the definition o� rastaurant, 7'tiey
will be �;ervli�g ordi:rs t:o eat-in custoinc,i•5 on C10I1(1�S�OSti�lB 'JC:UIlf:Wtirt'. E�l.r.►te�
tincl �l�E�y sziy lt►ttt ci mfijority oL� t!►e+Ii' busit�ess wLll be etit-in. (A smr�ll number
of similnr KI�C's I1FiVf. hE:E'.Il opened ir� otlier prirts o£ the country and do nbout
55$ of their bu5iness to eat-i_n customers according to a survey clone by KFC. )
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� June 15, 1987
Page; Two
The appellant says that the proposed KFC is a fast food restaurant. This is
based on the fact that the existing KFC in Highland does less than 25$ of its
business to eat-in customers and the proposed one would be adding a drive-thru
window. They feel that the drive-thru window violates the intent of the Zoning
Codg and would set a dangerous precedent.
The; Zoning Administrator and Board of Zoning Appeals have both found that KFC
as proposed meets the code definition for restaurant: although they will do a
substantial business at the drive-thru window, their principal business will be
serving sit down customers on reusable plates.
40 Acre Study of Fast Food Restaurants
Th�s case shows that the sections of the Zoning Code dealing with fast food
restaurants need to be studied and updated.
The restaurant industry has changed faster than our Zoning Code. When the
current zoning definitions were written there was a clear distinction between
traditional and fast food restaurants: on one hand was the Lexington and on
the other was an A & W Root Beer Stand. In recent years there has been a
blurring of the distinction between restaurant and fast food restaurant.
The current Zoning Code definition of fast food restaurants puts more emphasis
on food packaging materials - apparently because of litter - than on traffic or
si'te design, which are deeper planning questions for neighborhood commercial
areas.
This case has implications for neighborhood commercial areas in all parts of
S�int Paul. The District 14 Cornmunity Council recently wrote to the Planning
Commission about the KFC case to request that the definitions be revised. The
PAanning Division therefore has recommended that the City Council initiate a
40-Acre Study to find a better way of dealing with this issue.
[�TTACHMENTS:
1 Staff report
5 BZA resolution
6 Appeal of BZA decision
�2 Letter from Highland Area Community Council opposing KFC
�3 Petition opposing KFC
14 Survey of eat-in vs take-out at other KFC's
17 Staff survey of eat-in vs take-out at existing Highland KFC
18 2oning code characteristics of fast faod and restauranta
19 Site plan, eldvaCSons and deecription of propoaed operation
25 Letter from Zoning Administrator finding that KFC is a restaurant
27 Area Map
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STAFF REPORT FOR CITY COUNCIL
FILE #10149
1. APPLICANT: Ford Mall Associates DATE OF HEARING: 6/24/87
2. CLASSIFICATION: Appeal of BZA Decision to City Council � ,`
3. LOCATION: Northeast corner of Cleveland and Pinehurst
4. LEGAL DESCRIPTION: Lots 16-19, Block 2, Otto's Addition
5. PRESENT ZONING: B-2 ZONING CODE REFERENCE: 60.218, 60.532(2d) , 60.543(4)
6. STAFF INVESTIGATION AND REPORT: DATE: Revised 6/12/87 BY: Tom Beach
A. PURPOSE: This is an appeal of the decision by the Board of Zoning Appeals (BZA)
ot� May 12, 1987, that a proposed Kentucky Fried Chicken (KFC) is a "restaurant"
as defined by the Zoning Code and therefore permitted in a B-2 zoning district.
B. A1tEA AND FRONTAGE: Lot area is 18,865 square feet (125.1' on Cleveland and
1�0.8' on Pinehurst) .
C. SITE AND AREA CONDITIONS: The lot is rectangular and level. Cleveland Avenue
is a main commercial street for Highland Village and Pinehurst is a residential
street. Surrounding land uses are: commercial (north, south, west) and single
£amily residential (east) .
D. ZONING CODE CITATION: The definitions for "restaurant" and "fast food ��
restaurant" are given in Section 60.218:
Restaurant. A business establishment whose principal business is the selling of
unpackaged food to the customer in a ready to consume state, in individual
servings, or in non-disposable containers, and where the customer consumes these
foods while seated at tables or counters located within a building.
Restaurant, fast food. A business establishment whose principal business is the
selling of pre-prepared, quick order, and packaged foods in a ready to consume
state, in individual servings, for consumption on or off the premises, and where
the package, wrapping, or container in or on which the food is sold is paper,
plastic, or other substance of non-returnable and disposable nature.
Section 60.532(2d) first allows restaurants as a permitted use in the B-2 zoning
district.
Section 60.543(4) first allows fast food restaurants as a special condition use
in a B-3 zoning district.
l�;. �ASF, lil ti`I'ORY;
I . lii .luly, I'ltfl�, tiii� �i����lic�r���t riiil,mltta�l ri p�'o��ur�1�1 t'c�K u K1�(, tc� t�l�a St.. Nuul
'l.utlLltb A�11111.I�1ttL1'e�Loi'. '1'lila pi'u�,u;�w1 cticl noL cur►Lctln alta plt�i►y ur �loox
plans but described a facility which would seat 64 people, serve pre-
prepared food on nondisposable plates, and would not have a drive-thru pick-
up window.
2. On August 7, 1986, the City Zoning Administrator made a determination that
the proposed KFC was a fast food restaurant. The decision was based on the
fact that:
"The national advertising and image of the franchise is that of a fast food
restaurant, usually incorporating a drive-thru pick-up window and selling
chicken by the box or bucket, also selling pre-prepared lunch and dinner
items on disposable plates, using disposable utensils."
3. On August 19, 1986, Ford Mall Associates filed an appeal of the Zoning
Administrator's decision. They contended that the KFC as proposed,
qualified as a restaurant permitted in a B-2 zoning district. In a note
attached to the appeal form they described the new restaurant:
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File #F10149
Page Z�ro
a. Primarily a sit-down restaurant
b. Seating capacity of 64 persons
c. Some waitress serviee
d. No drive-thru pick-up window
e. No disposable plates or utensils
f. Take-out food orders will be minimal
(See attached application. )
4. On September 9, 1986, the BZA heard the appeal of the Appeal of the Ford
Mall Associates. Staff recommended that the BZA find that "based on the
evidence available at this time" the KFC qualified as a restaurant permitted
in a B-2 zoning district "if it is constructed and operated as indicated by
the appellant." (See attached staff report prepared 9/2/86. )
The BZA, after taking testimony from both sides, asked the appellant to
supply more detailed information about this particular operation, including
a site plan and floor plan. The BZA laid the matter over so the appellant
could provide this information.
5. In April, 1987, representatives of KFC and Ford Mall Associates submitted
additional information as requested: a site plan, floor plan and cover
letter explaining in detail the operation of the facility and the physical
characteristics of the site and building. (See attachments. )
6. In addition to providing more complete information about the proposed eating
establishment, the new plan indicated that there would be seating for 54
(rather than 64 previously indicated) and that a drive-thru pick-up window
had been added.
7. On May 4, 1987, after reviewing the new information, the Zoning
Administrator found that the facility is a restaurant and therefore
permitted in a B-2 zoning district. (See attached memo from Jan Gasterland. )
8. On May 12, 1987, the BZA considered the case. At the meeting KFC presented
a survey it had conducted of 14 other upgraded KFC restaurants which
indicated they all had a majority of eat-in business. There was testimony
in opposition.
Planning staff had prepared a staff report finding that KFC was a restaurant
if it eliminated its drive-thru window. However, staff requested that the
matter be laid over so it could review KFC's survey.
The BZA voted 6-1 that the KFC as proposed with a drive-thru window is a
restaurant.
9. On June 9, 1987, Jan Thell, a Highland area resident filed an appeal. (See
attached appeal form. )
F. FINpINGS;
1. KFC propoaes to build a ndw e�ting establishment at the northeaet carner of
Cleveland and Pinehurst to replace an existing KFC at Ford and Finn which
would be demolished to permit construction of the Ford Mall. Both the old
and new sites are in B-2 zones.
2. Attached plans dated April 1, 1987, and a written description dated April
14, 1987, of the proposed KFC indicate:
a. Seating for 54 people;
b. A drive-thru window so people can order items from their car;
c. 65-75$ of the business will be eat-in;
d. Stoneware plates, reusable glasses and cups, and silver flatware would be--
used for all eat-in orders. A dishwasher is shown on the floor plan. `�
e. A waitress will "refill beverage orders, bus dishes, and generally assist
customers" ;
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File #10149
Page Three
f. Hours would be 11 A.M. to 10 P.M. ;
g. 36 parking spaces will be provided, compared to 24 required by the Zoning
Code. (8 of the spaces would be designated for shared use by the Caravan
Serai Restaurant across the street. )
h. A "blow-down tank" will be installed to remove chicken oders from steam
released during the pressure cooking process.
3. A survey of the existing KFC at Ford and Finn was conducted by Planning
staff. The survey showed that at this facility, which does not have a
drive-thru window, over 75� of the business was take-out (50 out of 62
orders) .
4. ' The applicant took a survey of 14 other upgraded, "plated concept" KFC
restaurants in other parts of the country that are designed and operated
like what is proposed for Highland. (According to the applicant there are
only a few restaurants like this in the country right now.) These
restaurants all have drive-thru windows. According to the survey all these
operations did a majority of their business eat-in, typically about 55$ with
the remainder being drive-thru and carry-out.
G. STAFF ANALYSIS:
1. Since 1975, when the current Zoning Code definition of fast food restaurant
was written, the restaurant business has undergone ma�or changes in response
to changing life styles. One of these changes is the blurring of the
distinction between what is a traditional restaurant and what is a fast food
restaurant. At one time there was a clear distinction: on one hand was the
Lexington Restaurant and on the other was an A & W Root Beer Stand. Since
then however, restaurants have introduced self-service salad bars and seen
an increasing number of national chains. Fast food restaurants have been
upgrading their facilities and adding variety to their menu.
The proposed KFC is a classic case of this. The traditional image of a KFC
is clearly of a fast food restaurant. However, the KFC now under
consideration has elements of both a restaurant and fast food restaurant.
Restaurant: Food will be served on stoneware plates with silver flat
ware. Hours will be limited to 11 A.M. to 10 P.M. The appearance of the
building and the furnishings will be of a quality normally associated
with a restaurant.
Fast Food: Food will be served over a service counter or a drive-thru
window. The food will be pre-prepared, quick order. The menu selection
will be limited.
2. The Zoning Code defines a restaurant as an establishment whose principal
business is serving unpackaged £ood on non-diaposable dishas to cuatomara
who eat the food in the building.
Drive-thru windows are not mentioned at all in tha zoning dafinitiona.
The applicant plans to use stoneware plates, silver flatware and reusable
cups and glasses for its eat-in customers to meet the first part of the
definition. Staff believes that he will do this based on floor plans
showing a dishwasher and dish storage plus photos from a similar KFC in
Oshgosh, Wisconsin showing reusable plates being used.
The issue of whether the proposed KFC will do a majority of its business to
eat-in customers is less clear. Evidence has been presented to support both
sides. The existing KFC does most of its business carry-out. However, the
survey of other upgraded KFC's around the country shows that most of their
business is eat-in, even with a drive-thru window.
After reviewing all �he evidence staff believes that the proposed KFC
� represents a ma�or change from the existing facility designed to make it
more attractive to eat-in customers. Based on the evidence that similar
KFC's do most of their business to eat-in customers, staff finds that it is
reasonable to assume that this one will too and therefore will qualify under
the terms of the Zoning Code.
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File #10149
Page �'our
H. STAFF RECOMMENDATION: Based on findings 1 and 2 and staff analysis, staff
recommends that the City Council:
1. Find that under a strict interpretation of the existing definitions, the KFC
as shown in the most recent proposal which includes a drive-thru window is a
restaurant and, therefore, is permitted in a B-2 zoning district.
2. Initiate a 40-Acre Study on this issue of fast food restaurants.
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� CITY OF SAINT PAUL
' BOARD OF ZONING APPEALS RESOLUTION
ZONING FILE NUMBER: 9982
� DATE: �y 26, i9s�
. WHEREAS, Ford Mall Associates has appealed a determination by the Zoning
Administrator that a Kentucky Fried Chicken proposed at Cleveland and Pinehurst is a
fast food restaurant and therefore not permitted in a B-2 zoning district; and
WHEREAS, the Saint Paul Board of Zoning Appeals conductcd a public hearing on
May 12, 1987, pursuant to said appeal in accordance with the requirements of Section
62.204 of the Legislative Code; and
WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the
public hearing, as substantially reflected in the minutcs, made the following findings of
fact:
1. Kcntucky Friod Chicken proposes to build a new eating establishmcnt at the northeast
corner of Cleveland and Pinehurst to replace an existing Kentucky Fried Chicken at
Ford and Finn which would be demolished to permit construction of the Ford Mall.
2. Plans dated April 1, 1987, and a written description dated April 14, 1987, of the
proposed Kentucky Fried Chicken indicate:
a. Seating for 54 people;
b. A drive-thru window so people can order items from their car;
, c. 65-7596 of the business will be eat-in;
� d. Stoneware plates and silver flatware would be used for all eat-in orders. A
dishwasher is shown on the floor plan. (Staff had not been able to determine what
, kind of containers would be used to serve beverages as this report was being written.)
e. A waitress will "refill beverage orders, bus dishes, and generally assist customers";
f. Hours would be 11 A.M, to 10 P.M.;
g. 36 parking spaces will be provided, compared to 24 required by the Zoning Code. (8
of the spaces would be designated for shared use by the Caravan Serai Restaurant
across the street.)
h. A "blow-down tank" will be installed to remove chicken orders from steam releascd
during the pressure cooking process.
,� 3. According to a survey done by the appellant, 12 Kentucky Fried Chickens in other parts
of the country with a similar type oF operation to that proposed here, all showed a
majority of business donc with eat-in customers.
NOW, THEREFORE, BE 1T RESOLVED� by thc Saint Paul Board of Zoning Appcals that
the Zoning Administrator crred in his detcrmination thut this facility is s fast food
rest�urunt und that this facility, as proposcd by thc appcllunt is a restuurant as dcfincd by
the Zoning Codc and is a permitted use on property zoned B-2 located at the northeast
corner of Cleveland and Pinehurst and legally described as Lots 16-19, Block 2, Otto's
Addition.
MOVED BY: Kirk
SECONDED BY: woods
IN FAVOR: 5
AGAINST: o _
MAILED: Mdy 27, 1987
SEE REVERSE SIDE FOR: TIME LIMIT/APPEAL/CERTIFICATION
JG�
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APPLICATTON FOR APPEAL R�CI•����D ZONING OFFICE USE ONLY
CITY OF SAINT PAUL
,IUN 91967 Fi le � ��� y 9
ZQN�Na Application Fee E �
6--Zs-�� '
Tentative Hearing Date ,
App 1 i cat i on i s hereby made for an Appea 1 to the C�`1F•� �D v.� c i
under the provisions of Cha pter 64, Section , Parag aph of the �ning o e
to appe�al a decision made by the �( Board of oning Appeals
Planning Commission on S� -� Z� , 19�.
Zoning Administrator (date of decision)
Planning Administrator
Other
A. APPELLANT
Name ,�n The�, Daytime phone �4�b19b
Address 2036 Hiqhland Parkway Z1p COde 55116
B. DEGISION BEING APPEALED
Zoning file name �br _��A �� �SS���. . Zoning File # q4g�.
Property Address/Location /(/� Cpr�tr o"f Clctie �a��l � Pi`r�e �i�,rst
Lsgal description l�_�, �� 7 / g_ ,� [� f3/occ� 2. � �7�e �s ,���'��'o.,_
C. GF20UNDS FOR APPEAL (Use additional sheets if necessary.)
(Explain why you feel there has been an error in any requirement, permit, decision
or refusal made by an administrative official, or an error in fact, procedure or finding
made by the Board of Zoning Appeals or the Planning Comnission.)
The Board Of ZOri1riQ AAped1S' decision Ori tl'12 K2nt33,�k� Fri ed Chi ekan l RC17Py
zoning file #9982, is not in anyway supported by the facts as presented to
the Board and should be reversed bv the City Council. �E'e I�OO�v��',�( A, a�ac�"e
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If you have any questions, please contact:
A s signature
St. Paul Zoning Office O� k�i' � 7�� A'�c�
1100 City Hall Annex T�77oN�sQ
25 West Fourth Street 9 ��
Saint Paul, Minnesota 55102 e City agent
(298-4154) g�82
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APPENDIX A
INTRODUCTION
The decision by the Board of Zoning Appeals (hereinafter "Board") , finding that
the proposed Kentucky Fried Chicken (hereinafter "KFC") , Zoning File #9982,
is a "restaurant" appropriate for a B-2 zone is erroneous for the following
reasons and should be reversed by the City Council.
ARGUMENT
I. The Board's Decision Is Not Su orted by the Facts on the Record
The Board's own staff report and analysis concludes that the KFC with a
drive-through window, as proposed, would be a "fast food restaurant" not
ap�ropriate for the proposed B-2 site. The current KFC on Ford Parkway,
without a drive-through already does 75$ of its business as "take out".
With the proposed drive-through window, KFC's "take out" business will certainly
increase beyond 75�.
Thus, KFC's "principal business" would clearly be "take out" rather than
"eat in" as required for a B-2 zone under the code's definition of "restaurant."
The Board completely ignored these facts, as presented by its own staff, and
made a decision totally unsupported by the evidence on the record.
II. The Survey of Other "Similar" KFCs is Mti:sleading and Unreliab�e
Figures presented to the Board by Ford Mall Associates from the so-called
survey of other "similar" KFC's around the country are misleading for several
reasons and should not be relied upon by the City Council in reaching its decision.
First, the other KFCS surveyed are all new restaurants with no former
c�ientele and no history of business in a particular neighborhood. Unlike those
new restaurants, the KFC under consideration here has a 25 year history in
the Highland neighborhood as a very popular "fast food, take out" restaurant.
Changing from paperrplates will not change customers' 25 year practice of buying
"'take out" chicken from the KFC in question. Therefore, the use of non-disposable
plates in the KFC at its new proposed location will not suddenly convince people
to begin "eating in. "
Second, the figures on the percentage of "eat in" versus "take out" business
at these other new KFCs are very misleading. The figures presented to the Board
from the survey only distinguish between the "drive-through" vs "inside the
restaurant" business. The figures do not distinguish between "take out" vs
"eat in" purchases made at the registers inside the restaurant which are separate
from the "drive-through" registers.
Thus, for example, even if 60$ of the purchases were made inside the restaura»t
according to the survey, well over half of those purchases could be "take out."
Although the survey figures would not show it, 70� of the business surveyed would
therefore be "take-out" (40$ drive-through and 30$ inside the restaurant)rather
than "eat in" as repreaented to the Board.
Z�iV�NG FILE ��
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° KFC page 2
.
III. The Board's Erroneous Decision Sets a Dangerous Precedent Which Undermines
The Zoning Code and Threatens Neighborhoods Throughout the City.
The Board's erroneous decision in this case sets a dangerous precedent
under the Zoning Code which opens a "Pandora's Box" for neighborhoods throughout
the; city. If the City Council allows the Board's decision to stand, the Council
wilY pave the way for a McDonald's or Burger King to open up on any mixed
commercial/residential B-2 site in the city.
The disruption caused by such restaurants in mixed residential areas would
be ;disastrous in any community. Failure to reverse the Board's decision would be
a repudiation by the Council of the Mayor's Better Neighborhoods Program.
Furthermore, the Council should consider a complete moratorium on the
issuance of building permits for "fast food" restaurants until the Zoning
Code's extremely poor and ambiguous definition of "fast food" restaurant can
be reviewed by the Planning Commission as is being requested by the District 14
Cotnmunity Council and possibly other District Councils throughout the city.
See Exhibits A and B attached hereto and incorporated herein by reference.
CONCLUSION
For the reasons stated above, the concerned Highland Park Residents bringing
this appeal respectfully request the City Council to reverse the decision of
the Board of Zoning Appeals.
ZONING FILE �o�
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Disti-ict 14 .
Community Cou.nc�l
Seruing the Macalester-Grovetand and Randolph Heights ne�ghborhoods of Saint Paul
June 1 , 1987
David Lanegran, Chair �
St. Paul Planning Commision
City Hall Annex
St . Paul , P1N 55102 •
Dear Dave,
The District 14 Community Council on Ptay 21 discussed at length
the implications of a recent BZA decision supporting the city
Zoning Administrator ' s decision to allow the establishment of
DeLaria ' s Kentucky Fried Chicken restaurant at the corner of
Cleveland and Pinehurst in a B-2 zone.
The Zoning Administrator and BZA believe that this business is
not a fast food business . even though the current DeLaria ' s KFC
on Ford and Finn is 80� take-out and the proposed new site will
have a drive-in window. DeLaria' s plans to serve their eat-in
customers on washable plates and anticipates that the new
restaurant will be SOZ eat-in.
Our council is worried that this decision has serious implication
for our F3-2 neighborhood commercial stripsl We worry that Burger
Kin� or McDonald ' s could open restaurants on Grand � Randolph or �
St . Clair if they serve their eat-in customers on washable
dishes.
It is clear that the 1975 definitions of restaurant and fast food
need to be studied and re-defined . In view of the city ' s
commitment to Better Neighborhoods. we would like to request that
such a study be given urgent, top priority status by the Planning
Commission. '
Thank you .
Sincerely �
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Tom Kayset�
President
cc : Playor George Latimer
St . Paul City Council
District Councils
320 SOUTH GRIGGS STREET • SAINT PAUL, MINNESOTA 55105 • PHO1vE (G12) G98-7973
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District 14
Community Council
Seruing t�be Macalester-Groveland and Randolph Heights nefghborhoods of Saint Paul
Pi�MORANDUM
T0: District Council Presidents , Organizers
FROM: District 14 Community Council
DATE: June 1 , 1987
R�: Definition of Fast Food Restaurants
The District 14 Community Council on hiay 21 went on record
as being unanimously in favor of asking the St . Paul Planning
Commission to place the highest possible priority on studyin� and
re-defining "restaurants" and "fast food" establishments .
We are concerned that recent decisions by the city ' s Zoning
Administrator and Board of Zoning Appeals could result in fast
food establishments like Burger King and hicDonald ' s bein� allowed
to operate in B-2 zones on our nei�hborhood commercial strips .
Fast food establishments presently are not allowed in B-2 zones .
Th�y are first allowed i^ Ii-3 zones and then only with a special
condition use permit that requires that the business have no
adverse impact on adjoining property .
Those decisions will allow DeLaria ' s Kentucky Fried Chicken ,
currently on Ford Parkway at Finn , to operate on the corner of
Cleveland and Finn in a B-2 zone . DeLaria ' s has now been defined
as a restaurant ( which is allowed in a B-2 �ane) even Chough
their present business is 80� take-out and their plans for their
new site include a drive-in window.
�20 SOUTH GRIGGS STREET • SAINT PAUL, MINNESOTA 55105 • PHONE (612) G98-7973
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This business is being considered a restaurant because their
eat-in customers will be served on washable plates and because
they anticipate that their business will be S0� eat-in .
It is clear to us that the zoning code needs to be updated
and clarified in that it appears that Bur�er King or A1cDonald ' s
�ould be considered "restaurants" if their eat-in customers are
served on washable dishes . If parking requirements are met , the
city cannot prevent a restaurant from operating in a B-2 zone .
We hope that your council will join us in conveying to the
Planning Commission our concern about this matter .
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To: Gity Council Members ,
From: Highland Area Community Cauncil �
Date: june 3, 1987
Subject: Proposed Bentucky Fried Chicken Restaurant {northeast corner
of Cleveland and Finehurst) .
On May ll, 198? the Highland Area Comrnunity Council Development
Committee met to review the gentucky Fried Chicken proposal to relocate
to the northeast corner of Cleveland and Pinehurst. Area residents aud
affect�ed businesses were represented at the meeting.
After evaluating the proposed development present�ed, with due .
consideration given t�o the concerns of the communitq and in view of the
known traffic situation and land use involved with the site, the committee
' voted to oppose the development because:
1. a drive-thru window appears t�o be a service consistent with that of a
fast food business and inconsistent with the definition of a restaurant;
2. the claim that the majority of the business would be eat-in has not
been substantiated; and,
3. the increased vehicular traffic generat�ed by the development cannot
be safely accomodated in this aiready congested area.
The Communitp Development Committee made the following
recommendation: that the Highland Area Community Council reiterates its
position, taken September 11, 1986, which opposes the Kentucky Fried -
Chicken development as shown on the site pians of February 24, 19$7.
On June 2, 1987, in a public meeting with community residents and
representatives of the developer, the Board of the Highland Area
Community Council approved the recommendation of its Community
Development Committee opposing the development for the abooe stated
reasons.
cc: jim Belius �
Jan Gasterland
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� �Tos The biembers of the St. Paul City Council � �7'/l3y
From: Concerned Highland Park Residents
R�: Zoning File �9982 - APPlication of Ford r�1a11 Associates to
Define a Proposed Kentucky Fried Chicken with a Drive-Thru
at� the Corner of Pinehurst and Cleveland as a "Restaurant"
Rather than a "Fast Food" Restaurant Under the Zoning Code.
We, the undersigned concerned nighbors� hereby request
the City Council to overturn the May 12, 1987 ( confirmed tday
26� 198?) decision of the Board of Zonnng Appeals in this case
and determine that the proposed��Kentucky Fried Chicker� descr bed
in Application File �9982 is a fast food restaurant. and thus
not a permissible use at the Pinehurs�•Cleveland location. which
is zoned B-2.
APRE ADDRESS � PHONE
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WIiCONfIN
May 27, 1987
Mr. Tom Beach
City of Saint Paul Planning Department
City ;Hall Annex
11th Floor
25 West Fourth Street
St. Paul, Minnesota 55102
Re: Froposed Kentucky Fried Chicken Restaurant
Northeast Corner of Cleveland and Pinehurst Avenues
Dear Tom: �
Enclosed please find the survey forms handed out at the Board of
Zoning Appeals meeting on May 12, 1987, and summarized in my
preSentation to the Board on that date.
These survey forms were prepared and completed by Don De Laria and
constitute the raw data compiled by Don during a telephone survey
conducted on May 11 , 1987. The restaurants surveyed are all "company
owned" restaurants owned and operated by KFC International, as opposed
to franchisee owned restaurants. They were selected for the survey
because KFC identified these 14 restaurants as the company owned
restaurants which have been converted to the high quality, eat in type
restaurant proposed for Cleveland and Pinehurst.
The data compiled was selected so that these restaurants from around
th� country could be compared to the proposed restaurant at Cleveland
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Mr. Tom Beach
May �7 , 1987
Page 2
and Pinehurst. Note that most are smaller than the restaurant
proposed, provide considerably less parking, and are restaurants which
were! remodeled to an upgraded facility rather than new restaurants in
a new location. Virtually all serve "plated meals" , but on disposable
plat�s. As you know, the restaurant proposed for Cleveland and
Pinehurst will have the additional amenity of serving its meals on
stoneware plates with disposable glassware and silverware.
Questions about these survey forms can be directed to me or to Don De
Lari� at 475-3700. You can also, of course, contact the persons
interviewed directly at the telephone numbers on the forms. Don was
unable to contact the restaurants in Columbus, Georgia and New York so
the forms at the back have not been completed save for the breakdown
on business percentages provided by KFC International.
In addition to the company owned restaurants, a number of KFC
franchisees around the country are beginning to build upgraded
restaurants similar to the one proposed for Cleveland and Pinehurst.
For instance, the prototype for pon' s restaurant at Cleveland and
Pinek�urst, in Oshkosh, Wisconsin, is a franchisee operated restaurant.
Unfortunately, this restaurant has not been operating long enough to
have data on the breakdown between eat in and carryout business.
Don is currently attempting to identify, through KFC International ,
the franchisees who have a sufficiently long experience with the new
concept in KFC restaurants to provide reliable data. He will then
contact these franchisees and attempt to collect the same sort of data
which you see on the enclosed forms for company owned stores. We will
pass this information on to you as soon as it becomes available.
S�trc�e r e 1
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Peter K. Beck, for
LARK�'IN, HOFFMAN, DALY & LINDGREN, Ltd.
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Apri1 14 , 1987
City of St . Paul
Department of Community Services
Building Inspection and Design Division
445 St . Paul Courthouse
15 West Kellogg Boulevard
St. Paul , Minnesota 55102
ATTENTION: Jan Gasterland, Building Code Officer
Re: Proposed Kentucky Fried Chicken Restaurant
Northeast Corner of Cleveland and Pinehurst Avenues
Dear Mr. Gasterland :
On April 10 , 1987 , this office submitted on behalf of DeLaria' s Kitchen,
Inc. , an application for site plan review of a proposed Kentucky Fried
Chi�ken Restaurant ( the Restaurant) to be located on the northeast corner
of Cleveland and Pinehurst Avenues ( the Site) . The 2oning Section of the
Department of Planning and Economic Development will shortly be sending
you a complete set of plans for the Restaurant. These plans include a
site plan; a drainage plan; a floor plan; a plan showing the four
elevations of the Restaurant; and a sheet which includes a site section
and signage, lighting, and fencing plans.
The purpose of this letter is to provide you with detailed information
regarding the Restaurant so that you may make a determination as to
whe�ther the Restaurant as now �roposed is a "restaurant" as defined in
Sec;tion 60 . 218R of the St . Paul Zoning Code and , therefore, a permitted
use in the B2 zoning district under Section 60 . 532 of kho 2oninq Code .
It is our u�derskanding that your dacision will be reviowad by the City
9o�rd oE 7.oninc� Appo�ls at t1���ir r���ularly schodul�d meatinq of April 28,
198�7 , bec��usc� th��� is currc�nlly p��nding b�fora tho Board dn appaal from
a d;ecision of the Building Code OfEicer with respect to the Site. This
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April 14 , 1987 - �
P�aa e 2
lett'ar will address the o�erational characteristics �f tha Restaurant and
the physical ct�aractaristics of botn the Restaurant anc� the Site .
The Propose�� R�staur3nt .
The pr000sed Rastaurant will be diff_erent from any othar Kentucky Fried
Chi�fcen Restaurant in the Twin Cities �latro�olitan Area, both physically
and ; operationally. Physically, the building will be attractive and
conStructed of high-quality matarials . Operationally, the R�staurant
will be princi�ally a sit-down restaurant, unlike the typical Kentucky
Fried Chicken taka-out facility.
There are presently few Kentucky Fried Chicken Restaurants in the country
of comparable quality and operational characteristics. The prototype for
the Restaurant is located in Oshkosh, Wisconsin, where the local Kentucky
Fried Chicken franchisee has constructed two restaurants which are very
similar, both physically and operationally, to the Restaurant proposed
for Cleveland and Pinehurst . Enclosed are some photographs of the
interior and exterior of these Oshkosh restaurants for your review.
Operational Characteristics of. the Restaurant "
�
As mentioned above, this Restaurant will be designed, built, and operated
di�ferently from any other Kentucky Fried Chicken Restaurant in the Twin
Cities Metropolitan Area. The principal business of the Restaurant will
be the selling of unpackaged food to customers in a ready-to-consume
state , in individual servings , on nondisposable stoneware plates, for
customers to consume while seated at tables located within the building.
Customers will order and pick up their food in the counter area of the
Restaurant ( see the Floor Plan) . Meals will be served on s.tQneware
plates designed to match the interior c�lar scheme of the Restaurant, and
customers will be provided �ilver flatware. Customers will then seat
themselves at one of the 54 seats in the Restaurant dining area. The
d�.ning area will be served at all times by a �ait�who will refill
b�verage orders, bus dishes, and generally assist customers. Based on
tt�e experience of the prototype restaurants in Oshkosh, it is expected
t�at 65-75$ of *he Restaur� r � � h�,�; ,,A�� .. • � � �-- --• ��mA.-� A�� : n� in the
�s ca�.-
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Mr. � Jan Gast�rland
Apr�l 14 , 1987
Paa� 3
The; int2rior oE the Rest�urant will be designed to encouraye customers to
eat in the Re�taurant by provi�9ing a high-qual.ity, attra�.tive environment
in which to anjoy their meals. The Restaurant will be oriented towards
serN;ng families . It will be open between the hours of 11 :00 a .m. to
10:00 p.m. , seven days a week , and wi11 not ' e beer, or
o er a co o ic evera�es .
A c�enter island between the counter and dining areas of the Restaurant is
designed to be use� for condimants, or as a salad bar. A number of ne��u
Ken'�tucky Friad Chicken Restaurants do include a salad bar as a menu item.
Alt;hough no decision has been made yet as to whether this Restaurant will
include a salad bar, the aesign will accommodate it if a decision is made
to 'do so.
The Restaurant fits well within both the letter and the spirit of the
Zon'ing Code' s definition of "restaurant." The principal business of the
Res�taurant will be the selling of food on nondisposable stoneware plates
for eating in the dining area of. the Restaurant . The Restaurant will
generate neither the traffic nor the potential litter ( in the form of
dis�posable packaging for foods to be consumed on the premises) associated
wit;h fast food restaurants. The Restaurant will also be serving complete
meals to virtually all of its customers, as oppc�sed to the single-item
customers which predominate at fast-Food restaurants. The Restaurant is
des,igned to attract customers who will eat a full meal while seated in
the Restaurant dining area.
Phy,sical Characteristics of the Site
The Site has been designed to Protect adjacent and neighboring properties
by the arrangement of the Restaurant building on the Site; by the
proposed traffic flow through the Site; by providing for on-site storm
wat'er retention; by providing both landscaping and fencing buffers; and
by �directing exterior lighting away from adjacent residential uses.
The Restaurant building has been moved as far towards Cleveland Avenue as
po5sible to reduce impacts on residential uses to the east. The �-
residential property immediately adjacent on the east will be protected ��
by a 10 ' wide landscaped berm, with a 6 ' 6" screen fence at the top of the
berm. Automobile headlights will be intercepted by the berm, and the
par,king and service area of the Restaurant will be screened from �
adjoining residential use by the screen fence.
Th� heic�ht oE the berm and detail for the fence is shown on Plan SD5 .
Proposad landscaning matarials are �lso dQtatled on the Sita Plan .
How�ver, revi� ions c.3n be made to tha pl�nt materials proposad if desirad
by the City and/or adjoining neighbors. We will work with the neighbors
most directly affected if they would like to see additional or different
varieties of plant material provided.
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Mr. Jan Gast��rland
Ap�il 14 , 1987
Pac�e 4
Tr�ffic flow around tha building has been designe�9 so that all trafEic
mus t e:c i t the S i t� onto Cleve tand Avenue . No �x i t wi 11 be al lo�.�e�9 onto
Pina'r.urst avenua . There will '�e 36 parkinq s acPs provided . With a net
usabla floor area of 2380 . 35 square ee • , t e Restaurant would requira 24
parking spaces . The southerly eight spaces along the east side o e
Site will be designatad for shared use with the Caravan Serai Restaurant.
Th'is will ensure adequate par�cing or customers of the Caravan Serai
Restaurant, while still providing more than sufficient narking for the
Re;staurant .
A minimal amount oE si�n_agg is being proposed . All proposed signs ar2
de'tailed on the Signage Plan . Exterior lighting is also detailed on
Plan SD5 . It will be shielded to re—Tc"uce glar arranged to reflect
away from adjacent residences . Drive-u� trash containers are not
proposed but will be provided if the City or neighboring residents
request. They are not expected to be needed because most take-out
business will be done through the drive-up window.
Ttie proposed Site Plan has been designed to protect adjacent neighboring
pzoperties and to provide for the safety and convenience of both
vehicular and pedestrian traffic. Sufficient landscaping, fences, and
parking have been provided to meet these objectives .
Physical Characteristics of the Restaurant .
The Restaurant will be constructed oE brick with an asphalt shingle roof
and copper and wood trim. Enclosed photographs of the prototype
restaurants in Oshkosh demonstrate the high-quality and attractiveness of
this building . It will be unlike any existing Kentucky Fried Chicken
Restaurant in the Twin Cities area. The interior of the Restaurant as
w'ell will be constructed of high-quality, attractive materials, including
oak woodwork , etched glass, upholstered seating, and carpeting .
Equipment details (see the Floor Plan) include a dishwaGhp►- for the
plates and silverware to be used by customers ( Item lo. 99 on the Floor
Plan) , and a "blow-down tank" ( Item No. 91 ) . The blow-down tank acts as
a filter to remove odors from steam released during the chicken pressure
cooking process . Most Kentucky Fried Chicken Restaurants, including the
existing DeLaria' s Restaurant on Ford Parkway, vent steam released from
their pressure cooking process directly into the air via a vent in the
roof of the restaurant . The Restaurant proposed for Cleveland and
Pinehurst will not vent any steam Erom the chicken pressure cooking
process to the outside . Steam will be vented into and �iltered by the
blow-down tank instead.
This Restaurant is designed both in its appearance and its operation to
�e a good neighbor, and not to adversely afEect surrounding properties.
2�
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Mr.iJan Gasterland •
April 14 , 1987
Paae 5
Con�clusion
The pro�osed Kantuck� Friad Chickzn Restaurant at the corner of Cleveland
and Pinehurs� Avenues will be an attractive, high-quality family
res'taurant. Its principal business will be selling food to customers to
eat in tha Restaurant on stoneware plates.
The, Restaurant is consistent with the City' s Comprehensivs Plan, Zoning
Code, and all other a�plicabla ordinances of the City of St. Paul . The
Site and Building Plans are designed to protect adjacent neighboring
proparties from adverse affects , and to provide for the safety of both
vehicular and pedestrian traEtic.
We �have put considerable effort into addressing each of these issues in
preparing the Site Plans before you. However, we remain open to whatever
suc�gestions you or other City officials, or neighboring property owners,
may have to improve these plans further.
Please contact the undersigned with any suggestions or if you need any
further information or materials . Your prompt attention to this proposal
is appreciated .
Very truly yours,
Pe�er K. Beck, for
LARKIN , HOEFMAN, DALY & LINDGREN, Ltd.
mt
Enclosures
cc,: Councilmember John Drew
Michelle Lichtig
Larry Zangs
�m Beach
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� CITY OF SI�INT P�►UL
INTERDEP1IRTMENTAI MEMOR1INDUM
Mayi 4, 1987
T0: Board of Zoning Appeals
FROM: Jan Gasterland
Zoning Administrator�
RE': Proposed Kentucky Fried Chicken
Northeast Corner of Cleveland and Pinehurst Avenues
This case was heard before you on September 9, 1986 on an appeal by the Ford
Mall Associates to my decision of August 7, 1986 determining that the proposed
Kentucky Fried Chicken was a fast food restaurant based on their traditional
franchise operation. At that time the Board informed the applicant that their
general plans for the site were not sufficient and that more specific plans
must be prepared for this property.
Since that time, I have met with the applicants and their attorney on
several occasions. The specific site plan has been submitted along with a
n�rrative explaining the proposed operation of the business. Based on this
new information, it is now my opinion that the Kentucky Fried Chicken at this
location would be a restaurant rather than a fast food restaurant.
The definition of a "restaurant" is:
A business establishment whose principal business is the selling of
unpackaged food to the customer in a ready to consume state, in individual
servings, or in nondisposable containers, and where the customer consumes
these foods while seated at tables or counters located within a building.
According to the attorney for Kentucky Fried Chicken "The principal business
of the Restaurant will be the selling of unpackaged food to customers in a
Xeady-to-consume state, in individual servings, on nondisposable stoneware
plates, for customers to consume while seated at tables located within the
building."
The definition of "restaurant, fast food" is:
A business establishment whose prinicpal business is the selling of
prepared, quick orde�; and packaged foods in a ready to consume state,
in individual servings, for consumption on or off the premises, and
where the package, wrapping, or container in or on which the food is sold
is paper, plastic, or other substance of a nonreturnable and disposable
nature.
�
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Memo to Board of Zoning Appeals '� ��7-����
RE: Proposed Kentucky Fried Chicken
rsay 4, 1987
Page T�ao �
The ;principal business at this location will not be the selling of packaged
foods for consumption on the premises where the package, wrapping, or container
on which the food is sold is paper, plastic, or other substance of a non-
returnable and disposable nature.
In reviewing requests for new restaurants since I was appointed Zoning Administrator,
the most important consideration has been the use of washable serving dishes
for,' consumption on the premises. Every restaurant I have approved has been
re�uired to install a dishwasher and use nondisposable plates, �ust as this
Kenitucky Fried Chicken would. Many restaurants offer take out food in disposable
containers (most notably chow mein and pizza) which has been acceptable because
th� type of food being taken out is not meant to be consumed in the parking
lo� but rather to be brought home. The same rational can be used for a bucket
of; chicken.
The zoning ordinance does not specify the issue of drive-thru windows, and
because it does specify the type of serving dish, I have placed more importance
on, the latter. I had approved a pizza restaurant (Rocky Rococo) because they
serve food on washable plastic dishes, although they have drive-thru windows
far pick-up. I would expect this Kentucky Fried Chicken to operate in much
the same fashion, and we make every effort to be as consistent as possible
in our interpretation of the law.
Tk►e developer has been cooperative in designing the site to minimize any
impact on adjoining property owners. The style of the building is not in keeping
w�th the traditional franchise operations, and the issue of odors has been
adequately addressed. I believe that this Kentucky Fried Chicken will be
substantially different than normal fast food restaurants, and will meet the
definition of "restaurant".
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AREA MAP � _
APPLICANT r a � I LEGEND
— t SD�1 a-1 e S "'"� '— ZONING DISTRICT 80UNOARY
PURPOSE �- � SUBJECT PROPERTY
' 0 ONE FAMILY
PLANIWNG
FILE N0. 9 qSL ¢ TWO FAAAILY o�s7R�cT
DATE �� , s� � ��"O MULTIPLE FAMlLY t S
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SCAI.E : I'�= 2pp' NORTH � �� INDUSTRIAL MAP N0.
SAINT PAUL PLANNING BOARO V VACANT � �
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• ��, ��3�y �..�.� ,;
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JAM[B P�..R,�,. , LARKII� HOFFMAI` DALT Sc LIIVDGREN LTD• SNERRILL OMAN��RE,���
110BEPT L MOFFMAN � � � � 6ERALD L.SECY.
JI.CI( f.DA�Y JOMN B.LUNOOUiST
D.ItENNCTM LINDOREN ATTORN EYS AT LAW TMOMAS B.MVMPMREV�JF.
ANDRCN'W.D�NiEL30N DAVIO J.PEAT
WENCEL'.R ANDEASGN FRANC�S E.GIBER3GN
GEPI.LL'N.FRIEDEIL � MICMAF.L T.McIIIIA
aOecn-s wNir�oCK� 1500 NORTNWESTEFN FINANCIAL CENTER 2000 P�PER JAFFRAY TOWER ANDREW J.MITGFELL
ALL/�N E.MULIIG�N JOHN A.CGTTER�
ROBEAT J.MENNESSE� 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET K�`T��EEN M.OATF:S.
J�MES C.CRICKSON BEMTRIGE A.ROTMWEILER �
cow..ae�.DA�sco�t� BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS.M�NNESOTA 55402 PAUL B.PLUNKETT
,/AMCS P.MI�EY � SU54N R.BURNIGMT
acHe r+.vuuca � TELEPHONE(6121 835-3B00 TELEPHONE(6121 33B-66i0 �Mr DARR OFAGv
DAVIC C.!3ELLERGREN ALAN L.ItILDOW
RI�HARv J.KEEh/�N , KATMLEEN M.PICOTTE NEWMAN
JOMN D.FUIIMER TELECOPIER 16121 835-5102 TELECOPIER(6121 33B-1002 �AFRY n.Kocr
ROBERi E�BOVLE PETER J.COYLE
FRANN 1.MARVEY CATNERINE 6ARNETT�41L$ON�
RICMARG A.FORSCH�EP BETtv A.MOFN�NGST/�R
fi�CMARD A.NOFDBYE JEFGFEY C.ANDER50N
CMARLES 5.MOOEL4 T�1 „ Y� DANIE�L.BGwLES
GMRiSTOPMER J.DIfTZEN B�OO1t111,C��O11 :ONATNON G.LANDE
JOMN F.BEATTIE � REPLY TO TODD M.VUTNOV�CH
LIND�M.cigMER
TIMOTHY,I.MCMANUS
TiiOMAS P.STOLTMAN ' JIIL 1.FRiE�ERS
lTEVEN G.LEViN OREGORV E.NORSTAD
FORRESi D.NOWL�M CRAIO A,PETER50N
MICNAEI C.JACKM4N � L15P A.GRAY
JOMN E.DIEHL GARV A.IiENNENE
JON S.SHIER2EW9K1 T�IOMAS M.WEAVER
TMOMRS J.FLYNN ,
SMANNON N.MeCAMBRIDGE
JAMES P.OUINN � M�C�iAEL 5.COMEN
TO�D 1.�REEMAN . DEN14E M.NORTON
STEPhEN B.SOLO/NON
PETfR K.BECK
JEROME N.KAMNNE
� OFCOUNSEL
' JOSEPM GITIS
JOHN h.MCNUGM
, . JAMES A.BALOGH
��L50 wDF:�ttED�N
WISCONSIN
June 16', 1987
Mr. To�n Beach
City o� St. Paul Planning Department
City Hall Annex
llth Floor
25 Wes�t Fourth Street
St. Paul, Minnesota 55102
Re: Proposed Kentucky Fried Chicken Restaurant
�lorthwest Corner of Cleveland and Pinehurst Avenues
Dear Tom:
This letter is to provide some additional data on the operating
charaicteristics of the proposed DeLaria's Kentucky Fried Chicken
Restaurant on the Northeast corner of Cleveland and Pinehurst Avenues.
Don Delaria and I have now met with the Highland Area Community
Council on three occasions, and once with the Highland Business
Association. We have been advised by leaders of the Business
Association and by neighboring�� residents that the sole neighborhood
conqern with the relocation of Mr. DeLaria's restaurant is the drive-
thru window.
We tiave advised these residents and business people that the drive-
thr� window will not significantly increase the amount of business or
traffic at the restaurant, will assist in moving take-out customers on
and off the site with a minimum amount of activity in the parking
areas, and will reduce the potential for noise, litter and loitering
in the parking lot. We continue to feel very strongly that the
restaurant will be a better neighbor with the drive-thru window.
More impor.tant for your purposes, however, the drive-thru window is
not relevant for the purposes of deter.mining whether the new
reistaurant. is a "restaurant" as defined in the zoning ordinance.
.
��"/- //3N
. � .
LARKI�, HOFF�iAN, DALY SC LII�DG�E\, LTD.
Mr. Tom Beach
June 16, 1987
Page 2
Drive-thru windows and facilities are permitted in B-2 districts
throughout the City for various uses including drive-in banks, liquor
stores , etc.- including a drive-thru window at the Bakers Square
restaurant on Suburban Avenue. It makes no sense to say that a drive-
thru window in a Kentucky Fried Chicken Restaurant converts that
restaurant to a fast food restaurant, while allowing a drive-thru
window at a Bakers Square Restaurant.
The relevant issue is whether the pr_ incipal business of the restaurant
will be; the selling of unpackaged food for consumption on the
premises. All of the evidence before the City confirms that the
Kentucky Fried Chicken Restaurant proposed for Cleveland and Pinehurst
will meet this standard.
We have earlier forwarded to you telephone survey forms on fourteen
Kentucky Fried Chicken company-owned restaurants which have gone to
the new eat-in concept. The eat-in/carryout/drive-thru percentages
set fozth on those forms reflect dollar sales volumes. Since carryout
and drive-thru orders average 2-3 times the dollar cost of eat-in
orders (the difference between taking out a bucket of chicken and
eating a single chicken dinner. in) , the percentage of eat-in customers
in thdse restaurants will be much higher than the dollar volume
breakc�owns shown on the survey forms.
We have been attempting to secure similar information from franchise
operators throughout the Country. However, franchise operators are
not required to keep track of the breakdown between eat-
in/carryout/drive-thru business, either in dollar sales or actual
custamer counts, and almost universally do not do so. Enclosed are
telephone survey forms from four franchise restaurants contacted by
Mr. Delaria before he gave up the effor.t to colle�t this type of
info�mation. You can see that these franchise owners are excited and
plea�ed about the increased eat-in business that the "Colonel ' s
ClasSic" concept and the newer style buildings have brought them. All
are certain that their eat-in business is in excess of 50$, but do not
have; any customer counts to tHat effect.
Sinc�e no dollar sales figures or customer counts were available from
franchise operators, we selected one franchise restaurant which has
gon4 to the new eat-in concept and commissioned a market survey to
det�rmine the breakdown between eat-in, takeout and drive-thru
business at that restaurant. The restaurant selected is in the same
bui�ding style as the restaurant proposed for Cleveland and Pinehurst,
has gone to the same "Colonels Classic" eat-in concept, and is
apgroximately the same size. The survey was performed by George J.
Vawilas & Associates and their report is enclosed.
� � �- �i3 �
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LABK IN, HOFFMAl�, DALY Sc LI:�DGI3E_\", LTD.
Mr. Tom Beach
June 16 , 1987
Page 3
In a further effort to provide some data on the operating
characteristics of newer Kentucky Fried Chicken Restaurants, I asked
Don Delaria to pick a day at random and count customers at his newest
restaurant in Eden Prairie. The Eden Prairie restaurant, unlike the
proposed Highland Village restaurant, was not designed specifically to
attract eat-in customers and is located on Highway 169 where it does
not enjoy the benefit of any walk in trade. However, it does include
some of the "Colonel ' s Classic" amenities designed to encourage
customers to eat-in. The results of Mr. Delaria' s survey are
summari;zed in the enclosed letter from him dated June 12, 1987.
Kentucky Fried Chicken Restaurants throughout the Country have been
upgrading facilities and converting from predominantly takeout
facili�ies to eat-in restaurants. All of our research confirms that
Kentucky Fried Chicken customers do prefer to eat-in when an
attrac�tive environment with the types of amenities proposed for the
Highland Village Restaurant are provided. This is true even in our
own ma'rket area, as evidenced by the survey of Mr. Delaria' s Eden
Prair 'ie restaurant.
We enCOUrage you to verify the information included on the enclosed
survey forms and reports. They represent our best effort to collect
and provide the City with information with respect to the current
opera'ting characteristics of the new concept in Kentucky Fried Chicken
restaurants. We are certain, based on the location and plans for the
High];and Village Restaurant, the experience of Kentucky Fried Chicken
operaitors throughout the Country, and fr_om Mr. Delaria' s own
experience, that this restaurant will do its principal business with
eat-�n customers.
Please call if you have any questions.
Si Gerel
,
�
Pe er K. Beck, for
LARRIN, HOFFMAN, DALY & LINDGREN, Ltd.
Enclosure
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DE LARIR'S
� KITCHEN,INC.
0������ TWELVE OAKS CENTER
SUITE, 809
15500 WAYZATA BLVD.
WAYZATA, MN 55391
Mr. Thomas Heach June 12, 1987
C:�ty of St. Paul
. D�epartment of Community Services
4;45 St. Paul Courthouse
15 West Kellogg Blvd. ,
$t. Paul. MN. 55102
Dear Mr. Beach:
f I thought you �might_ be interested to know that" even in our Eden
iPrairie Restaurant which has almost no walkin trade at all, but
which incorporates many of the "Colonel's Classic" ideas we find
� that the majority of our 'business is within �the dining room. On
ia recent random Friday we counted 17.2 persons eating in our
dining room, 35 persons` carrying food out from our counter and
' 131 persons using our drive-thru window.
� In Highland Village, many of our customers will be on foot and
; will use the dining zoom all the more.
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�. ; Donald G. De Laria ., ,.
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� e A:.,;Y:k,. ._•y,s�.,e�r•3Mms,< �.•�:ae.:�+e.yxnu,,.,.�•:�>.,i,a,,.#i.�w�.--�»n+»�wx...ue��'..�:,c�ww�strw.Y�•,.tassla'.carsni+cdC�+�_x�.�sn., :x.
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_ - , r George ). Vavoulis & Associates Consultants
42 South St. Albans • St. Paul, Minnesota 55105 • (612) 222-5205
June 11 , 1987
_ Mr. Peter Beck
. -- Larkin Hoffman & Daly & Lindgren, LTD.
1500 Northwestern Financial Center
7900 Xerxes Avenue South
- �- - ' � Bloomington, MN 55431
fte: Kentucky Fry Market Survey
Kenosha, kisconsin (June 8 , 1987 )
Gentlemen:
At the request of Peter Beck I accepted the job of doing
a market survey of a new concept type restaurant that opened
on December 3 , 1986 . The owner has been associated with
Kentucky Fried Chicken for 12 years. Peter Wasilevich left
to open his own Kentucky Fried Chicken in 1983 . He (Peter
Wasilevich, Owner) now owns two "take outs" and the new "eat
in" restaurant, established on December 3 , 1986 . This market
survey was conducted on June 8, 1987 .
The restaurants is approximately 40 X 100 .
The style is classified as "Lexington" .
This restaurant is located in Kenosha, wisconsin.
Parking 40 Cars
- Lot interior - 100 X 250
- Buildings age - 6 months (built December 3 , 1986 )
` ` �` Seating capacity - 62
,-. -. -
,,,:;-
• " .:_ I started my survey at 11 a.m. on June 8, 1987 . The
._: - -
_ , _, _ ; -
- - - --_ three types of customers were as follows :
_ , . �
_ _ �
' June 8, 198?
. ,`j_,_ . . --
-_. _.:_ - .....�;� ,_- ..: From 11 a.m. = 2 Q—
.m. Percentage
Eat In 42 Eat In 57 . 5096
� Take Out 21 Take Out 29X
Drive Thru 10 Drive Thru 13. 50X
- - Total from 11 - 2 pm 73 customers
_ _ - � �-��'7-//��-/
- �- George ). Vavoulis & Associates Consultants
' 42 South St. Albans � St. Paul, Minnesota 55105 • (612) 222-5205
Page Two
Kentucky Fried Chicken Survey
_ June 11 , 198i
- ' - , June 8 , 1987
- From 5 p.m. to 10 p.m. Percentage
�- Eat In 121 Eat In 54 . 7596
" - ' Take Out 42 Take Out 199�
Drive Thru 58 Drive Thru 26 . 25�
Total from 5 - 10 p.m 221 customers
CONCLUSION:
The Kenosha Kentucky Fried Chicken represents the new
prototype store. It treats an inviting and friendly
atmosphere for sit-down dining . In interviewing customers ,
� it was noted that a few carry-outs would observe the lay-out
and furnishings of the dining room and would sit-down and
have their lunch. It was, also, noted that several singles
. _ i. would sit in the dining room. They were called "regulars" .
In interviewing the owner ( 12 years experience� the
public image of Kentucky Fried Chicken was quick pick-up and
drive thru service. The trend today and future image is one
of better quality buildin�, a pleasant dining room
environment, good parking space, emploSees trained and geared
� towards friendly service, plus fully stocked condiment bar
- ' with free drink refills . In further interviewing customers ,
- -� they appreciated this new service and particularly enjoyed
- - - -- - the comfort and leisure of the new dining room design.
�-=� __ In intervfewing a few employees, I was informed that the
' -=-.-; __ :. turn-over rate was low. Kenosha restaurant has 18 employees
� with 2596 turn-over. Employees enjoyed working with the ne�
� building prototype and, the new management philosophy.
. ..
: : _,.� -� -- — --- - - -
� � _ __ _ .. _ _ . ._ .. __ __ _�:___ _
_ . .. _ . _ -._ . . _�,�=_�,/�.� .. ..- __
; George j. Vavoulis & Associates Consultants
-- I 42 South St. Albans � St. Paul, Minnesota 55105 • (612) 222-5205
Page Three
Kentucky Fried Chicken Survey
. - June 11 , 1987
_ The change as expressed by the Kenosha owner is finding
.. - '
neighborhood acceptance . It is now a family restaurant, a
- - - '- great service for singles & couples who work and want to eat
out at a reasonable priced and a pleasant environment . It is
I meeting the peoples need. It is not just another commercial
venture .
Ver truly yours ,
�� � � '►
' � ��I�
Geo �e Vavoulis
Consultant
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� Survey by Telephone: May �, 1987
Restaurant Number: l7A►��EL- ? �3�� - �'`��"'- ���`��
Address: �f SO S �� o E. L-LF�
City: OSLU�OSI-� State• �JiSCONSiN
Perso� interviewed: 't�P�►�iFc_- S, �3�� Phone: �!/�1 -�33 �331�
• How would you describe the physical appearance of_vour
Restaurant?
1. Building Style �C�iJ�T�►.l �
Z. Seating Capacity �Z
�. Parking Capacity n
� 4. Age of Building
� 5. Drive Through Y N
6. Do you serve Plated Meals E ,�����
7. �Do you use Disposable Plates �D — IN A -
8. Eat In $ 1N ExcE95 Carry Out � Drive Thru� _
oF S'n%
• How do You characterize the phYsical location of your
reG�'aurant and nature of the area_ it serves?
1. Urban l. Older Area _
. � 2. Suburban 2. Newer Area
. 1. Neighborhood �
2. � Loca1 Shoppina Area -
3. Regional Shopping Area
' 4. Urban or powntown Location�
� 1. Freeway
2. Main Arterial
' 3 . Local Street � '
. 9. Residential Street
1. Distance of closest homes or apartments �,� Q�-ouL
1. Corner Lot '� '�
2. Interior Lot _ '
3. .Lot Size ' '
�, , ..
/i � ��n�A�1�1 V l�'v� �A L-1-� �L��...L , �
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Survey by Telephone: May 3�", 1987
Restaurant Number: TA�MES 1N1�R.GA�
Address: / 5�g S�V1GE '►7T���E
City: . 1�1 rJ �rJ A ' State: IM l�l .
Person interviewed: � '�A�►'►�£S INt�T�loRN Phone: S� -`fS��77�9
. • How would vou describe the physical appearance of your�
Resta,urant? ; �
� l. Huilding Style � 2 0�. gC-rzG
Z. Seating Capacity „
� � . Parking Capacity C -
� �. Age of Building
� ' 5. Drive Through Y NO
�. Do you serve Plated Meals E�
� 7. �Do you use Disposable Plates
� 8. Eat In � Carry Out $ � � Driv� Thru�
Dd6.S Ne-r K� �o�-T �n) r�co='�S tivT W� S S D/NNiiJ6 lz�rr� GcJt�s ✓»�JC,�f� l3/6l�!
How do vdu characterize t�ie physical location of your
restaurant and nature of the area it serves?
1. Urban 1. Older Area �
� 2. Suburban Y ' 2. Newer Area
T�-
� 1. Neighborhood _
2. Local Shopping Area
3.. Regional Shopping Area � _
� 9. �Trban or powntown Location
1. Freeway _ %
2. Main Arterial��{' -
3. Local Street
4. Residential Street _
1. Distance of closest homes or apartments ��r�� �- 13�-�
1. �Corner Lot ��
2. Interior Lot
3. Lot Si ze ►�.o' X 9 D' , '
. .
� m�. �,o��s H�P.`' l N ST��-LEO -V'A'��OUS ���rs �F
, "r�.j-E �� Cl��.on�EL�S �L.i1�(L'' aON�E(� R�✓p �'�/►?J� -T��
� . � �A-T l n1 S V 5 i i�E�S N�S ��►'l �✓e`D �/uA-'T�`r� , � S�4/!7
� l,cJA S ��
� �1./-4T H� w�5�� t-f-�S ��ni N� �L T:�`� �, SG,�e
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Survey �by Telephone: May 3�, 1987
• � Restaurant Number: �P��1t�� '� T3�� - C�Er�1E1Z�°c- � �1��
Address: 1$OS SA�G1L�DrJ �- �
' .
� Cityt DS1�I�loS4.�- State: WISCO►.�S�►.i
Perspn interviewed: U�1tEt�. �. T��rL� phone: � --33//
. How would you describe the physical appearance of your
Res�aurant?
l. Building Style - E�Cti.1G-t�a-1 -
� 2. Seating Capacity 73
. 3. � Parking Capacity ab
. • 4. Age of Building 3 Mo�'�1-S
� 5. Drive Through Y N
, 6. Do you serve Plated Meals - - N
7. Do you use Disposable Plates
8. Eat In � tiJ E Carry Out � Drive TMru$
O� 5v o �-- DPf.Kd.�ro� �oCS N� '�� �tla.�lz�S �� e�"� �'
How do vou characterize the physical location of your V�s D.T
restaurant and nature of the area it serves?
l. Urban 1. Older Area
2. Suburban 2. Newer Area
1. Neighborhood x '
� , 2. Local Shopping Area ___
. 3. ' Regional Shopping Area �
4. Urban or powntown Location
l. Freeway �
� 2. Main� Arterial Y
3. Loca�l Street �
4. Residential Street
l. Distance of closest homes or apartments �EL�-i�J� '
1. Corner Lot � '�
2. Interior Lot ' . �
3. Lot Size , �
�� q1L Cv�..,c�lr�t-�S CLRS�
�O v►1 wl�N'TS . G b�I N K� 4 4c�S � pECO� �
• cp '' " w£.'�E vER�^? f�-��'�
��v►�E►JTS L�Q.�p� �� �€ �E
� � ���� d wn�E�Z /�S
'��►'la''r ��'�S CONGE�r 1 S WOR1'L/I✓L
. � , REat.�� �N� � ���s�- c�-�-ss �a :`
� ' � 7 - i�3�
,
. , .
�; . .
� n�a�? �
Survey by Telephone: �, 1987 �
• Restaurant Number:, }�- 1�-1� �Pl����IN� ' ����'���F
Address: a i ay STA-T'� ST
City; ►.�'EvJ AL�A+-�4� State: �N� �
Person interviewed: '��r.� 7� �-c�-1,n • Phone: �l� - `fyS-ala-/
• How would vou describe the phvsical appearance of your
Rest'aurant?
1. Building Style �.e►,��o��SR�[�'g — B�<<-�- "-
'`CU LO n1 a�l-�S CI..A-SS 1 G�
. 2. Seating Capacity '7�
. ; 3. � Parking Capacity
, 4. Age of Huilding Q w► �
� • 5. Drive Through Y N �-s
6. Do ypu serve Plated Meals �E$ -
7. Do yQu use Disposable Pla��: T�5
8. Eat In � SD Carry Out $ 5� �Drive Thru$
� How do You characterize the phvsical location of your
res'taurant and nature of the area it serves?
1. Urban • 1. Older Area _
2. Suburban X _�--oW� ►''►��D� � � 2. Newer Area
� W11T�D�-G�S , .
l. Neighborhood •
2.� Local Shopping Area X` w��' � �� ���^'D
3. Regional Shopping Area
4. Urban or powntown Location
l. Freeway
2. Main Arterial x -
3. Local Street
� � �4.` Residential Street
1.. Distance of closest homes or apartments 1� �A� �F 5��
1. Corner Lot '�
2. Interior Lot �-- �
3. Lot Size �so X �-�s
.
.
. �7 ��-�� ,
., . ; � 3 �
. r ., , ,�
� - ; . �
-- �
Survey by `Telephone: May 11, 1987
Restaurant �umber: �C9�? �Oa.l -
Addre�s• �
City:�,1M t A�M 1 State: �L.D�I T?�F
Person interviewed: T��� ��L��N� Phone: 6.� I -d7G�
Hbw would vou describe the physical appearance of your
.� -
Restalurant?. �
1'. Building Style �4��OLDS t�IZ� � g�' �
2. Seating Capacity �-l�l
3. Parking Capacity Z
4'. Age of Bui ldi A�N N 0 c.J
S. Drive Through N�.
� �6. ' Do you serve Plated Meals
7`. Do you use Disposable Plates
8. Eat In $ .�3,. 1 Carry Out $ /O . � Drive Thru$
I�ow do you characterize the vhysical location of your
restaurant and_nature of the area it serves?
, — 8�- �JP77A-TE
1. 'Urban WIIX�'� U�$A� 1. Older Area V ��'-E'�
�i. Suburban prn�D SvTjJR C3A►� 2. Newer Area
• �. Neighborhood �r ��` I�ovSE B� �-�rJ i�
�. Local Shopping Area �1/
3. Regional Shopping Area .
�4. Urban or powntown Location _
�. Freeway
'2. Main Arterial
3. Local Street _ _ .
4. Residential Street __
. •,
;l. Distance of closest homes or apartments ,��F 1�.1�•10 � " ��Q►-�-�- ��N�
'1. Corner Lot
� �2. Interior Lot �
, ,
. 3. Lot Size
``' �O puT 'Zv
� p�o �E ��� �� L� � �
P Fo�- T��IN1 ��
� 'l7� N til�'iZ- . �T �S I�r -f'REO.T
.
� T�F.� t�S� D J TL- �� N�I�1 Co [ZOD w� l4 t,..OT ;
; '.
, . . . ��7-,,��
� . �
�
.
Survey by Telephone: May 11, 1987
Restaurant Number: X9?$ �07 �
Addre�s:
City:,'f�l►At-1'C�rT101J State• � TZI�l�--
Perso� interviewed: �V �L1�� Phone: 305� -6�� ""�7(0�
� ' .
�w would you describe the physical appearance of your
• Restalurant?
1�. Building Style R��NOL�SF5c.5R1. ' — ��Z�E.E ST���
2'. Seating Capacity �,/o
. � 3;. Parking Capacity
4�. Age of Buildin -
9. Drive Through N
�. � Do you serve Plated Meals �C
7. Do you use Disposable Plates
� 8. Eat In $ 2. S Carry Out � . B Drive Thru$
f�ow do you characterize the physical location of Your
rest�urant and nature of the area it serves�
1. Urban 1. Older Area
� �. Suburban Y 2. Newer Area ac
1. Neighborhood _
2. Local Shopping Area �C L.t�rs � l.o�A�t... S�o r�n�►��
3. Regional Shopping Area .
+4. Urban or powntown Location
�. Freeway
x. Main Arterial �A�J TriA-F1= IL �
3. Local Street � �
'4. Residential Street
�1. Distance of closest homes or apartments 1-�4w1i�• T3��1 n�1.�
� 1. Corner Lot •
� �2. Interior Lot �
. �3. Lot Size
ul . . '�
; L.c,-�-s ', O � �oi..��.1(�F.rZ �'�v��
, . .
, ; �"�'J-//��
Survey by Telephone: May 11, 1987
Restaurant Number: ��l`7 SOZg
� Address:
City: ; IM 1 A'Wi 1 State: ��'DA-
Person interviewed: �A-�1E kL11�1•� Phone�oS --6�. -�D7GG
How would you describe the .physical appearance of Your '
,
Resta�urant?
1�. Building Style tJ O 1 1�1T—O
2. Seating Capacity
�. Parking Capacity
4. Age of Buildin
5. Drive Through N '• J —
�. Do you serve lated Meals _
� �. Do you use Disposable Plates
� 8. Eat In � S�I. Carry Out $ .O Dr ve Thru� . t
� �iow do vou characterize the phvsical location of Your -
restaurant and nature of the area it serves?
,�. Urban 1. Older Area
2. Suburban 2. Newer Area
�1. Neighborhood _
;2. Local Shopping Area
3. Regional Shopping Area �
�4. Urban or powntown Location
l. Freeway _
� 2. Main Arterial __
I3. Local Street �
� 4. Residential Street
1. Distance of closest homes or apartments
; �1., Corner Lot �
' 2. Interior Lot �
3. Lot Size
,� ' .
� .
� ��-(/��
Survey ��by Telephone: May 11, 1987
Restau�ant Number: �OSSD3� �
Addres�: �
city: K A�1SA5 (� �T4� state: . VI/lU
Person interviewed: �IGIL Q1►•t� Phone: �v -y7 -- aa.G�
Hota would you describe the physical appearance of your
Restaurant?
1.� Building Style R�.1
2.' Seating Capacity
3. Parking Capacity
� . 4.; Age of Buildi
5.� Drive Through N
6.� Do you serve Plated Meals
7.� Do you use Disposable Plates
8: Eat In � 53.7 Carry Out � /. 7 Drive Thru$
How do you characterize the physical location of your
resta�rant and nature of the area it serves? '
1: Urban � t � 1. Older Area /i
2. Suburban /L 2. Newer Area
1. Neighborhood-
2 r Local Shopping Area Sorv�� '�acr���S �1EA� g�
3. Regional Shoppinq Area
4: Urban or powntown Locat on
• 1'. Freeway
2�. Main Arterial �
� 3. Local Street
' � 4;. Residential Street
l;. Distance of closest homes or apartments 1�1EA�lL (3� .
1'. Corner Lot X ,
2. Interior Lot
3. �Lot Size '
. • .
- � �}� C3�QUT� GU1_ j� I �IJ i N � 1�00 �'Vl �INA
S l.E Ol� ��2rJ'iGE �F�iC.�}� 13/iin�� �� � in� �.
i
Ta
; . �,�-�`?//��
Survey 'by Telephone: May 11, 1987
Restaurant Number: �O7S01�
Address: IN�AtZ T2F IL STA�t�ivvV�
City: WP►5���1.s�Tb►� D. G�. , state: U Z.
Person' interviewed: QAv1� Phone: � -�� ~L3 ��
How would you describe the physical appearance of your
Restaurant?
1.; Building Style R.��aaOL�R VS2„(� � — ���N��'�S GLl4c5«
2.; Seating Capacity y� � �
3. Parking Capacit� 3p C►�psoe�c
4. Age of Buildin �
. ' S.� Drive Through N
6. Do you serve Plated Meals �S
7, Do you use Disposable Plates
8. Eat In ��L�_Carry Out � Drive Thru�
How do you characterize the physical location of Your
resta�rant and nature of the area it serves?
tY�Urban t�1N�� G�-r� 1. Older Area v
2� Suburban 2. Newer Area
1: Neighborhood !� � �
2;. Local Shopping Area v _I�•1 C IT T�TTI N G
3. Regional Shopping Area
4. Urban or powntown Location
1. Freeway
2;. Main Arterial 1�
3. Local Street
4. Residential Street
1. Distance of closest homes or apartments N�l�t-. 34�
�. Corner Lot i/ �"}'�`����— N���
� 2.• Interior Lot .
3. Lot Size • •
�� vc�� TT�A'F� �L. �� — �� L.o'i"S .o F B us i t�s s 14CT l✓�T�,
�
������
Survey by Telephone: May 11, 1987
Restaurant Number: !.J 1502. 3�
Address•
City: �ALV�STb1J State: 'T'�Y�4S
Person interviewed: 'SESS T3LAC,ILC3�1Tt�� Phone:�/3� "S87 -O y�j//
. How would you describe the physical appearance of your
Restaurant?
1.; Building Style (-}EI�(Tl��aF I ►J'i�Rir�� ^ ��e4�Ol��L.�S �G-I'4-SS�G��
2. Seating Capacity
3.I Parking Capacity
4. Age of Buildin / / E/;2. �u�L
5. Drive Through N
5. Do you serve Plated Meals E.
7., Do you use Disposable Plates �
8. Eat In � S`$. S/ Carry Out � Drive Thru� 3�,I.7
Hdw do you characterize the physical location of Your
resta�rant and nature of the area it serves?
1. Urban � 1. Older Area L,�
2, Suburban � � 2. Newer Area
1� Neighborhood �/' 1-�c��S�S 'I3ELL�v� P►l�TU 14Rot�N� C�DR�Z ,
2: Local Shopping Area L-
3;. Regional Shopping Area �
4. Urban or powntown Location
1;. Freeway 1/ •
-L2�:' Main Arterial gST OFF FfLF�Eu/ D __ ti�5 �£T
3. Local Street
4'. Residential Street
1. Distance of closest homes or apartments 1 T��-o��
� ];. Corner Lot ✓
2. Interior Lot .
� �. Lot Size
.,j J�� `U�.co tZ- A�t� ��rrc�a- S�a-T�N� — C�ooA
�o-� T 1�A�FF�L �T�o w� t-a�-q�— !-fcu sES �-
�,
��� �Twl �TS . :
� � - ����
' . 1987 .
Survey �y Telephone: May 11,
Restaur,ant Number: � (-7S'G( —
Address•
City: �J4rJ 141JT� 1J I�D State: TF�CI��
Person inter'viewed:_�,.�t�tz��!�c... SAiJ17E2 S Phone: 5/2^3y� "' 3����
How would vou describe the physical appearance of Your
Restau�ant?
1. ' Building Style �2E�NOl.�'SC3JR-� � $�
2. Seating Capacity 3�
3.' Parking Capacity
4. Age of Buildi
5. Drive Through N
6.' Do you serve Plated Meals
7.,' Do you use Disposable Plates
8.; Eat In � 57. 1 Carry Out � g.7 Drive Thru�
How do vou characterize the phvsical location of your
resta�trant and nature of the area it serves?
1. Urban J� 1. Older Area �
2. Suburban 2. Newer Area
1. Neighborhood � Sor+E suotr� ��:,1 L — LOTS e� �dT �`FF
2: Local Shopping Area
3� Regional Shopping Area
4. Urban or powntown Location
. 1. Freeway
2. Main Arterial
3. Local Street ✓' �
4�. Residential Street
1. Distance of closest homes or apartments NE,� Lb D�
];. Corner Lot ✓
�. Interior Lot .
3. Lot Size � '
'
I ' .
, , , � � ������
�
• , -
Survey ;by Telephone: May 11, 1987
Restau�ant Number: �-750 �.3$
Address:
City: `r"A.LLAI-}R S State: �LoTL(�A-
Person ' interviewed: 1�t�S T_w1 R�4� Phone: D�� — �a-Z ��7L
Ho� would you describe the physical appearance of your
Restau�ant? •
—�
' 1. '' Building Style 30' k 10� R�ISO�-�SQJRL ��� CaLONl14l.`S ��k
2. � Seating Capacity a..o —3n
3. ; Parking Capacity
4. , Age of Buildin
5. Drive Through N
6. ' Do you serve Plated Meals
7. ' Do you use Disposable Plates '
8. � Eat In $_,��_Carry Out $ 18. S Drive Thru$ ��,/. L
How do ou characterize the h sical location of our
� restau ant and nature of the area it serves?
1. � Urban v 1. Older Area �
2. � Suburban 2. Newer Area
l.l Neighborhood .�
2.� Local Shopping Area 1i 1JE�i2 LEw7[T�_ O F L.OG �'j1�0 iN(,
3.' Regional Shopping Area pr�.�j �i TJ
� 4.' Urban or powntown Location
1.; Freeway �
2.; Main Arterial v'
� 3. Loca1 Street
4.' Residential Street .
l.� Distance of �closest homes or apartments
1. Corner Lot ✓
2.� Interior Lot �
3J Lot Size �
� '[JI�rJ i�l(, TzoOWI � RLWA�S V�� $t�S� J AL.wA�S
� � � � �SE �. �
� �
� , .
. , .
.
� .
�7� ����
� Survey by Telephone: May 11, 1987
Restati'rant Number: t.J`75bZ�13
Address• '
City:� DR4.Ati1D0 State: F�OR�'pQ
Person interviewed: �►J `�WIR.A� Phone: D — o��. —88 ?6
Hbw would you describe the physical appearance of Your
Restaurant? REw►Op€.L,,ED
�sE���?
� l. Building StyleS�EGTRa.)1�1 w SoL�FTZi�1w1 — ~ �-'OLC��Jt�4L�S e�ASs ►c''
2. Seating Capacity o��� ��
� 3 . Parking Capacity
4�. Age of Buildin L
S. Drive• Through N
6. Do you serve Plated Meals
7. Do you use Disposable Plates �S
8. Eat In � '�N.� Carry Out $ jn_ (�_Drive Thru$ j S'. �_
� �iow do you characterize the physical location of your
rest�urant and nature of the area it serves?
1. Urban t/ � 1. Older Area �
2. Suburban 2. Newer Area
l. Neighborhood
'2. Local Shopping Area � F
3. Regional Shopping Area v
4. Urban or powntown Location
1�. Freeway
' 2. Main Arterial t� ��P T p� r3US�nl ESS
3. Local Street
4. Residential Street .
1. Distance of closest homes or apartments �/� TD ��2 WII
1. Corner Lot
2. Interior Lot � � �
3 . Lot Size Lvrr:-�eE. �-OT
�� Ci�A�'c—� Fv� 1 NT�21 U2
�-�� co w►j��Er��� T�oo w�E � -
��
u� iT� S O�A�tz�vw�
. � , . � � / �-Q /-�/��r
�
. ��'
� �
Survey ;by Telephone: May 11, 1987 .
; .
Restau�ant Number: �75000�
Address:
City: i wi nA. - ST' �r�Se�.SRG, State: F1�a.� nr�„
Person;.interviewed: �,7Ot�l ZM�rA� Phone: � Oy - ��� �8 a7�
Ho�w would ou describe the h sical a earance of our
Restau ant? � �
1. � Building Style l�E��.1 n�Ds S�.1P� — �D�.�►.��L�S C°1-�SS i C
2. Seating Capacity � -yo
3.' Parking Capacity
4.; Age of Buildin - -
S.; Drive Through N
6. Do you serve Plated Meals D
7.. Do you use Disposable Plates
� 8.; Eat In � Sy.� Carry Out � �.�.7 Drive Thru$ /7. G
Hqw do You characterize the physical location of your
restau;rant and nature of the area it serves?
1.' Urban v 1. Older Area v
2.; Suburban 2. Newer Area
1: Neighborhood
2. �Loca1 Shopping Area v
' 3,� Regional Shopping Area �
4� Urban or powntown Location
1: Freeway
� 2� Main Arterial ✓
3, Local Street
4. Residential Street
1. Distance of closest homes or apartments �y ' �/: /'bi►LE
1. Corner Lot �--
2� Interior Lot �
3: Lot Size
; .
� v� E
a�,��p L 14LL : C/,�l1 G/L
�C..Ec o� �'
; ��3 � G�1,,- /0.�7 '
; 3vS- �ss- ti�8i
� ,
, , �
�� . �1;��-�`�-113�-1
Survey by Telephone: May 11, 1987
Restatirant Number: � D!o'Z l3�'
Address•
City: PN I 1_��Lf��-� I�Pr state: n�
Person interviewed:•3��N-1��LL� Phone: a�����7 -�83$O
, �' � � (� I i 7 t-'-�.�:�-.�-
Hpw would you describe the physical appearance of your
Restaurant?
1. Building Style �;l �• �1��.��j' �;�,�.-,.�;,� �1,�-�;,;��__� ' � i � `�
2,. Seating Capacity �� � -
3. Parking Capacity � '=�
4. Age of Building t�'j '; � (� c� ��,� �
M
S. Drive Through YJN T �
6. Do you serve Plated Meals c.; � <._,_
� 7. Do you use Disposable Plates
$. Eat In � ,��_Carry Out � . Drive Thru� /
�iow do you characterize the physical location of your
rest�urant and nature of the area it serves?
1. Urban y� r '%- �� ! `�_ 1. Older Area �
�. Suburban '� 2. Newer Area
1. Neighborhood _
2. Local Shopping Area �_'.��..�,.'� `,�-,. � �-� •-. i% � � , �
3. Regional Shopping Area , �
4. Urban or powntown Location �
. 1., Freeway
2. Main Arterial,�k'
3. Local Street '
4. Re.sidential Street
1. Distance of closest homes or apartments,� � �.�� ���� � ,�` .s� ,�.-c. � '.�, �.�
a ,
1. Corner Lot�
2. Interior Lot .
3 .• Lot Size '
' �' "� ,� . i�
i ; .� �.. �i � �; � �t_�,.(_ =.�..-1 .�� . � Z..�t... �..-
,�,,�., ` �:.I �-ti �.�„ �- c . �
� �
. —" 'v l.
' . . � ,
. � , i ������
Survey by Telephone: May 11, 1987
Restau�ant Number: �D��...t�-1 "
Address•
City: 'pt-� 11...A'DEt_,5��l P� state: P� �
Person�i interviewed: �EM-�-; I��.Lc� � Phone: (.��5� 'S37 – �38V
�
`��1ti,:; E-�' i�:3 `
How would you describe the physical appearance of Your.
Restaurant?
` �
1. , Building Style 1.1 ,� c� � ,ct cl.� 1 �-� '�= � •�4 �
2. I Seating Capacity r � r_. � :.��., .__..
3. ' Parking Capacity 2�
4. Age of Buildin,g � �� r �; �
5. Drive Through�Y/N
6. Do you serve Plated Meals s . �-
7. Do you use Disposable Plates
8. IEat In � Carry Out $ Drive Thru� ��. 4
How do you characterize the physical location of Your
restaurant and nature of the area it serves? �
1. Urban - � � � �� •`-s� "'' ' 1. Older Area 1-�
2. Suburban '�i � ,'� : �,�c,�%'`'''"—f 2. Newer Area
,
1. I, Neighborhood `X� I . . :� .ti /. �� .� r� �� , l -� .,�z ..� ��-- --
2. ' Local Shopping Area1
3. Regional Shopping Area
4. Urban or powntown Location
1. Freeway
2. IMain Arterial k
3. Loca1 Street
4. Residential Street �
1. Distance of closest homes or apartments � rj�ti T{� ..n ,...'. /,�:. l�,-�, ,-+
1. Corner Lot
2. �Interior Lot � .
' 3. Lot Size �
\�1 ,� �.L;�;Z, �,� ��'--L.�.� �.:;,..��.� �:,! `'. i �.:._.
�� '/ /
i
. . , .
� �- ��3�
� .
Survey by Telephone: May 11, 1987
Restaurant Number: W'71OZI S
Addres�:
City: (�LUw1F�1S State: L�r�TL�i�►
Person interviewed:C�A�tL�S �LF�CAN'i�f.�-. Phone: �DY -- 3'Z3 -3y�
' ' , �� t- ./�. , �.,,. . . .1
Hota would you describe the physical appearance of your �`���� ' �'�r' `
Restati'rant? �l, `
1. Building Style_ �
2. Seating Capacity
3.' Parking Capacity
4�� Age, of Building
5: Drive Through Y/N
6: Do you serve Plated Meals
7. Do you use Disposab�.e Plates
8. Eat In � 5a{.'/ Carry Out � . Drive Thru� �lS. �
� How do you characterize the physical location of Your '
restaurant and nature of the area it serves?
1. Urban, � 1. Older Area
2. Suburban 2. Newer Area
1,. Neighborhood
2. Local Shopping Area
. 3'. Regional Shopping Area
�. Urban or powntown Location
1. Freeway
2. Main Arterial � �
3. Local Street
4. Residential Street
1. Distance of closest homes or apartments
�. Corner Lot
�. Interior Lot �
�. Lot Size .
, , � � � ��=GI'3 f�
. ,
Survey �by Telephone: May 11 , 1987
Restaurant Number: �OSq l � 1
AddresS:
' City: �1� �o�.� State: I�E� 4�19�t�
Person; interviewed: �1CIL F»�3TZX.�GS2� Phone: -� 2.- 'y5/06
Hota would you describe the physical appearance of your
Restaurant?
l.l Building Style
2.; Seating Capacity
3 . Parking Capacity
4.' Age of Building
. 5; Drive Through Y N
6: Do you serve Plated Meals
7� Do you use Disposable Plates
8. Eat In � L�(_Carry Out $ Drive Thru�
How do you characterize the physical location of your
restaurant and nature of the area it serves?
1. Urban � 1. Older Area
2. Suburban 2. Newer Area
1.� Neighborhood
2��. Local Shopping Area
3�. Regional Shopping Area
4. Urban or powntown Location
• 1�. Freeway
� �'. Main Arterial
3. Local Street
' 4. Residential Street .
];. Distance of closest homes or apartments
1. Corner Lot
�. Interior Lot . �
3. Lot Size �
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The Highland � -
�� Business �� - _
�� ����� Association � . � -
' May 28, 1987
i
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I The Hi hland Busines A
g s ssociation opposes the development of
Kentucky Fried Chicken, as it has been proposed for the corner of
Cleveland and Pinehurst for the following reasons:
1) The drive-thru feature constitutes a fast-food restaurant and,
' in our opinion, violates the intent of the zoning code.
2) The proposed entrance on Pinehurst Avenue greatly increases
an already serious traffic congestion problem on Pinehurst
Avenue and, in our opinion, jeopordizes the safety of the
Iresidential neighborhood.
Furthermore, the Highland Business Association urgently requests
that city officials and pertinent staff take action on revising the
zoning code so that restaurants with drive-thru facilities would
automatically not qualify for B-2 zoning.
��
i
THE HIGHLAND BUSINESS ASSOCIATION
, BOARD OF DIRECTORS
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, P.O. BOX 16244 • ST. PAU L, M I N N ESOTA 55116
•r. _ r, ! ,Y � //�J�
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; D �s� ��ss
vJ� tne b;:sin2ss eo le of Hi hland Park, are in favor of the reiocation of
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K�n�ucky Fried Chicken from Finn and Ford Parkway to Cleveland and Pinehurst.
7his will make way for the new free 272-car parking ramp at Finn and Ford
Parkway. This ramp is badly needed for the Village of Highland Park.
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Ken�ucky Fried Chicken from Finn and Ford Parkway to Cleveland and Pinehurst.
T'his wi;i make way for the new free 272-car parking rar�p at Finn and Ford
P�larkway. This ramp is badly needed for the Village of Highland Park.
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Y��, t�e busiress people of Highland Park, are in favor of the re�oca�ion of
Kentucky Fried Chicken from Finn and Ford Parkway to Cleveland and Pinehurst.
This will make way for the new free 272-car parking rarnp at Finn and Ford
P�rkway. This ramp is badly needed for the Village of Highland Park.
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;�'c, �:,e b;:si ness p2op1 e of F.i ghl and Park, are i n favor of the re;ocati cn c`
.�a��ucky Fried Cnicken from Firn and Ford Parkway to Cleveland and Pinehurst.
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Parkway. This ramp is badly needed for the Village of Highland Park.
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