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� O� 0 0� ,, :�.,��,.� � ;� CITY of ORONO ��,� '��,� �� , :�� ,�ti '' M��,� o�� `:� i p_Cp�� �°��: .: ;��` Street Address. MafUn� Address. �'�'�Hp�'� 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323•0066 January 11, 2000 Peter Johnson, Attorney-at-Law 1055 E. Wayzata Boulevard, Suite 300 Wayzata, MN 55391 Re: Conditional Use Status of 3380 Shoreline Drive Dear Mr. Johnson: Your query as to whether the introduction of live entertainment(i.e.a jazz combo or similar musical group) at Jimmies would require any special approval, prompted staff to review what permit approvals may already exist for this property. The property is located in the B-1 Retail Sales Business District in which a Class II Restaurant(defined per Zoning Code Section 10.40 Subd.4D as a restaurant which serves intoxicating liquor or has live entertainment)is allowed as a Conditional Use. This requires that a Conditional Use Permit(CUP)be of record or that one be obtained. Surprisingly, our review of City files indicates that no CUP has ever been issued for this property. This did not come to light during the liquor license transfer review process because no change in the use was contemplated, and therefore c�id not trigger a zoning review. The `night club' or `tavern' use(later defined as a Class II Restaurant)has required a CUP in the B-I zone since 1967 or earlier. Although we have anecdotal information that this site was used as a restaurant in the 1950's and 1960's,the first mention in City files in regards to a liquor license for this property appears in 1968. The City Council granted approval for a building permit as well as 3.2 Beer, On& Off Sale Liquor and Setup licenses to property owner Louis Rasmussen on September 23, 1968. An On Sale retail liquor license was issued to the Unicorn Super Club at this location in May 1971 and subsequent annual liquor licenses were issued to the Unicorn and later to Jimmie's. It appears from the Council minutes that none of these approvals ever resulted in discussion regarding the need for a CUP. The zoning code establishes few standards for the Class II Restaurant conditional use. Parking is one concern that comes to mind,as does lighting,signage and noise,all of which have performance standards established in the code. The City can establish reasonable conditions on the use when a CUP is granted. Telephone(612)249-4600 • Fax(612)249-4616