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J!m: w^ ’ ■;.?.'-S'! WiU-. ^;'/■■■'-': |||^%^i£^l;■HH: mm . ’ ••1. _■• iii» ;Sf. oT o 343W76 CITYorORONO REflOLUTKW OF THE CITY COUNCIL NO. 4nao A RISOLVnON GRANTING A CONDITIONAL use FERMIT nR MVNiaPAL ZONING CODE SECTION lOAO, SUBDIVISION 4 (D) HLEMCM P3NNY05, cr. WmREAS, Jamci Aoderti, U owner of the Nanowi Selooa, (hereinaAtr *the epplicenT) and Donaki McCarvilk is owner of the propeny (hereiiiafter ^ owner**) located at 3380 ShmUM Drlw within the City of Onmo (herciMdItr "City") and Itfally described as follows: Attacbed **Exhibit A**, (hetetoafler "property*); and WHCRBAS, the appikant has applied to the Oty for a condiUonal use permit to permit tise propeny to be used u a Class II Restaurant per Municipal Zoning Code Section 10.40. Siibdivisioci 4 (0); and WHEREAS, HieCityofOronoliadistucdabuildinspcimhtoexpaiidtheuaeiato the former Minnetonka Photo space in the acyoiniog building; and WHEREAS, The Orono City Council approved, on July 24.2000 the applicant to luoceed with the bui*»ding expansion nbjtct to the appikant requesting a Conditional Use Permit for the UK of the building, iiirluding live emcrtainmanl. Minnesota: 1. WOW, THEREFORE. BE IT RESOLVED by the City Council of Omno. MMhtisprSefVtaiic. FINDINGS te«491 This application was reviewed as Zoning File #2604. The pfopeit)* is located in the B-l. Limited Business Zoning District where a Ckifs II Restaurant is permioed by conditional um. A Class II Restaurant is defined as Fast Food, Convenknee. DriNX-in. and Liquor Stote Restaurants. A ftsiauram where a majority of customers order and are Krved their food at a counter in pKkages " A V h OV CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. *; O , prepared to leave the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor or have live entcrtairunenL** Section 10.40, Subdivision 4 (D). The applicant had appeared before the City CouiKil on July 24. 2000 to request approv^ to proceed with the interior remodeling arul restroom addition, which had been started. The restrooms are being expanded for handicapped accessibility. The conditioiuil uk permit would permit live entertainment and expansion of the floor area. The Council did vote to allow the remodeling to continue even though a conditional use permit should have been required before the building expansion began. The City of Orono had luued a building permit to allow additional remodeling of the Narrows Saloon which includes expanding the bar into the fonner Miiuietooka Photo space, now vacated. The property is located in the B-1 Retail Saks Business District in which a Class 11 Restaurant is defined as a restaurant which serxes intoMcating liquor or has live entertainment. Expansiofi of the building requires the owner to obuiin a conditional um permit since Class II Restaurants are allowed by CLIP. City files indicate no CUP has ex er been issued for a restaurant on this property. *nie use has required a CUP in the B-1 zone since tt least 1967. Expansion of the facility into the fonner Minnetonka Photo spKc and a 4' addition to t!ie bathrooms now requires a corulitional um permit. Also, the B-1 district requires a commercial site plan review before a building permit can be issued. Normally a commercial site plan review has not been required for minor interior space remodeling, but this application involves expansion of the building envelope. The Planning Commission reviewed this application and held public hearings on August 21 .2000 and September 1 S, 2000 and recommended approval by a vote of 6 to 1 . It was the minorit)* opinion of the Planning Commission that requiring the **Iivc eniertammefU** to end at 12:00 a.m. max* be puuing undue restiiciions on the business. Page I of 7 Page 2 of 7