Andover board approves conditional use for Freddy’s outdoor patio seating at 646 E. Cloud

The Andover Board of Zoning Appeals voted to grant a conditional use permit allowing outdoor patio seating for the incoming Freddy’s restaurant at 646 East Cloud. Commissioners found the request met the six required findings in the city’s zoning regulations and authorized the chairperson to sign a resolution formalizing the approval.

City staff described the request as "a conditional use case to permit some outdoor patio restaurant seating for the incoming Freddy's restaurant," and pointed to the previously approved site plan showing the patio location on the north side of the building. The zoning administrator told the board the property is in the B-3 district and "outdoor patio seating as an accessory use is an improved conditional use as long as it will not encroach into the public right of way." Staff concluded the patio would be well within acceptable distances from the right of way.

Applicant Kenneth Saldana told the board the patio plan would provide about "48 total seats, 40 at the interior, and then 8 at the exterior," and said the exterior seating would include "2 concrete patio tables with umbrellas on them." An applicant representative added the outdoor area would be bounded by a railing similar to other Freddy’s locations: "We typically do, like, a red railing around the patio area just to keep people in from getting out into the drive through or any parking area." The applicant confirmed patio tables will be bolted down and one table will be ADA-compliant.

After deliberation, Commissioner Gary Israel moved that the chairperson be authorized to sign a resolution granting the conditional use for case number BZA-CU25-0001; the motion was seconded and approved by the board. The board’s chair said a resolution will be prepared and made available to the applicant "as soon as reasonably possible but no later than 45 days from the day of this hearing." The chair also advised that "if anyone is aggrieved by this decision, a further appeal can be made to the district court to determine its reasonableness within 30 days after the resolution is signed and filed with the zoning administrator," as stated at the hearing.

The board’s decision rests on the commission’s finding that the proposed seating complies with applicable regulations, will not injure neighboring property values, and will not dominate the immediate neighborhood. No members of the public spoke for or against the request at the hearing.

The applicant will receive a copy of the signed resolution when it is filed; the zoning administrator will post the final resolution as required.