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Re T-Rex Cookie Oven Specs Julie Strid From:Mike Ridley Sent:Thursday, September 27, 2018 10:00 AM To:Pam Dudziak; Erik Slettedahl Subject:Re: T-Rex Cookie Oven Specs I'm on board with Pam's assessment. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Pam Dudziak Date: 9/27/18 9:53 AM (GMT-06:00) To: Erik Slettedahl , Mike Ridley Subject: RE: T-Rex Cookie Oven Specs My conclusion is that T-Rex cannot get an exhaust vent at this property without further modification of the covenants. And I venture to guess the Council would not support such a modification, because even while they may be agreeable to cookie baking, subsequent tenants might do all sorts of other food prep resulting in the kind of neighborhood impacts the covenants sought to avoid. Please see the attached CC Agenda Memo from 2010, and associated Council minutes. My interpretation follows: The 2008 Amendment to covenants allowed one full-service restaurant with a vent hood, but retained restrictions for other food establishments (ice cream, coffee, sandwich shops). In 2010 when Cuqui’s Café sought to add an exhaust hood to be able to expand their service to offer grilled or fried foods, the Council declined, basically saying they couldn’t have the vent hood because it wasn’t a Class I restaurant operation. The attached CC Agenda Memo from Dec. 2010 best summarizes the history of the property and amendments to covenants. Also attached are the CC Minutes from that meeting. Then in 2011, Zest! came in with a CUP for on-sale liquor with a true Class I restaurant. The restaurant is still there, although not called Zest! anymore. So the property has its one allotted operating Class I restaurant. nd Per 2011 communications concerning a 2 restaurant with vent hood, Jon H offered these comments on interpreting the covenants – “ . . . the property is only allowed one Class I restaurant, which is what would be necessary to permit a kitchen exhaust.” And “. . . the point of the covenants from the neighbor’s perspective was to try to minimize late night activity as much as it was to minimize odors.” The question with T-Rex cookies is similar to Cuqui’s Café’s proposal in 2010, to add a vent hood for something other than a Class I restaurant. From the above history and prior interpretations, it seems that would be contrary to the covenants. The past communications seem pretty clear that there were to be no outside exhaust vents save for that associated with one Class I restaurant, which already exists at this property; and to retain venting restrictions on ice cream, sandwich and other similar food establishments. So my take is that T- Rex is out of luck here unless they request further modification of the covenants, and I suspect the Council would not support such a modification, because of what subsequent tenants it might attract once a vent hood is installed in the tenant space. 1 Pam Pam Dudziak Planner 3830 Pilot Knob Rd | Eagan, MN 55122 Office: 651-675-5691 https://www.cityofeagan.com From: Erik Slettedahl Sent: Thursday, September 27, 2018 8:58 AM To: Mike Ridley Cc: Pam Dudziak Subject: RE: T-Rex Cookie Oven Specs In case she decides to offer temp sales there such as Bittersweet Bakery, Pam is going to piece together the covenant background. Not sure how this fits as it won’t emanate smoke or grease as in frying and baking vs oven roasting may be the same but the 2008 amendment discusses restaurants which are allowed provided: a. Except for one full-service, Class 1 Restaurant, restaurants are prohibited, except coffee, ice cream, and sandwich restaurants shall be permitted provided they do not (i)em p loy the use of cooking exhaust systems that emanate smoke and/or grease or (ii)s erv e deep fried, g rilled, or oven roasted food items, including but not limited to, hamburgers, tacos, chicken, or fish. From: Mike Ridley Sent: Thursday, September 27, 2018 8:39 AM To: Erik Slettedahl Subject: Re: T-Rex Cookie Oven Specs Unless she's going to offer sales there it's not a retail bakery. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Erik Slettedahl <ESlettedahl@cityofeagan.com> Date: 9/27/18 8:23 AM (GMT-06:00) To: Mike Ridley <MRidley@cityofeagan.com> Subject: RE: T-Rex Cookie Oven Specs We have several “bakery” operations in NB sites along Cliff, but they also sell retail, or commercial wholesale. They could ask for an Interim Use but that will take until December unless we would allow an addition to the October APC. Otherwise, I just tell them no. From: Mike Ridley Sent: Thursday, September 27, 2018 8:18 AM To: Erik Slettedahl <ESlettedahl@cityofeagan.com> Subject: Re: T-Rex Cookie Oven Specs As a manufacturing operation, an I-1 site would be better. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Erik Slettedahl <ESlettedahl@cityofeagan.com> Date: 9/27/18 7:55 AM (GMT-06:00) To: Mike Ridley <MRidley@cityofeagan.com> Subject: RE: T-Rex Cookie Oven Specs What do you want me to tell them? 2 From: Mike Ridley Sent: Thursday, September 27, 2018 7:48 AM To: Erik Slettedahl <ESlettedahl@cityofeagan.com> Subject: Re: T-Rex Cookie Oven Specs Agreed, non-issue except for the hood vent thing. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Erik Slettedahl <ESlettedahl@cityofeagan.com> Date: 9/27/18 7:37 AM (GMT-06:00) To: Mike Ridley <MRidley@cityofeagan.com> Subject: RE: T-Rex Cookie Oven Specs She lives in Eagan and wanted to find a convenient space while their current location near the U is being remodeled. Let me know what you think. This location has been nothing but issues since it opened, but it’s cookie smells, so not horribly offensive to most. From: Mike Ridley Sent: Wednesday, September 26, 2018 4:12 PM To: Erik Slettedahl <ESlettedahl@cityofeagan.com> Subject: Re: T-Rex Cookie Oven Specs Weird. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Erik Slettedahl <ESlettedahl@cityofeagan.com> Date: 9/26/18 3:01 PM (GMT-06:00) To: Mike Ridley <MRidley@cityofeagan.com>, Pam Dudziak <pdudziak@cityofeagan.com>, Sarah Thomas <SThomas@cityofeagan.com>, Jill Hutmacher <jhutmacher@cityofeagan.com> Cc: Michael Grannes <mgrannes@cityofeagan.com> Subject: FW: T-Rex Cookie Oven Specs Mike Grannes has be in contact with Tina from T-Rex Cookies about installing ovens to bake cookies in a tenant space at Hwy 3/Diffley Center. She is not selling from that location, only baking here for two years until her University Ave location is back in operation from construction. Her cookie baking details are below. The covenants for this site were amended to allow one Class I restaurant with venting system. I believe they were assuming this would be okay up until the zoning issue came up so we should get back to her soon. 1) Can we allow cookie baking exhaust venting at this location? 2) Can we allow this with no on-site retail sale? Thanks, Erik Erik Slettedahl Planner/GIS Specialist 3830 Pilot Knob Rd | Eagan, MN 55122 Office: 651-675-5692 https://cityofeagan.com From: Michael Grannes Sent: Wednesday, September 26, 2018 2:45 PM To: Erik Slettedahl <ESlettedahl@cityofeagan.com> Subject: FW: T-Rex Cookie Oven Specs 3 Michael Grannes Senior Building Inspector 3830 Pilot Knob Rd | Eagan, MN 55122 Office: 651-675-5676 https://www.cityofeagan.com From: Tina Rexing \[mailto:tina@trexcookie.com\] Sent: Thursday, September 20, 2018 11:45 AM To: Michael Grannes Subject: T-Rex Cookie Oven Specs Hi Mike- Thank you so much for your time yesterday and your willingness to take a look at the ovens I plan on purchasing for the space on Diffley and Hwy 3 next to Trail Stop Tavern. Usage:  Cookies o 1/2 pound butter and shortening based cookies o Volume 1000-2000 cookies a week o No meat products are used in the cookies I've submitted the LOI to the land lord and it's contingent on being able to get these ovens approved by inspections without the need of installing a hood. If necessary, I can get them to vent directly out into the existing HVAC system. I look forward to hearing back from you. Thanks very much for reviewing this. Tina Tina Rexing Owner, T-Rex Cookie Company, LLC cell - 651-278-4048 / Website / Facebook / LinkedIn 4