10-10-2005 Council Packet - Laserfiche WebLink

Home Browse Search

3A3AS70 -X- CITYofORONO RUOLUTION OF THE CITY COUNCIL NO. 488^0__ A MtSOLVnON CHANTING A CONDITIONAL USB TERMIT TBR MUNiar AL ZONING CODE SECTION 10.40, SUBDIVISION 4 (D) nLBffM04 oamvaa § WHBMCAS, Jhdm AadciM, U ow*r of ihe Nino»» Sdoon, (h«tiii»fl«T *ihe 8wilc«ni*) aad Oooftld McCarviUt U oi^/ntr of tin pfopcny (hcretnoftcr owner") located at 2 yno Shorrline Drivt widun die City ofOcocio (heraiiieaer -City-) and legally deacribed as fbitowi: Attached **Exhibit A^ (hettiiiaftrr -property*); and WHEREAS, the applicant hai applied to the City for a conditional use permit to permit tl* property to be used u a Claia 11 Rta»>nirant per Municipal Zoning Coda Section 10.40. SiihdivitKMi 4(D): and WHEREAS, Tha City of Orono had issued a building permit to expand the uk into the former Minnetonka Photo space in the acyoining building; and WHEREAS, The Orono City Council approved, on July 24.2000 the applicant to IKOcmi with the building expansion subjKt to applicnnl requesting a Conditional Use Permit Tor the use of the buildir^, including live cotcflainmant. MlfUiiiOin: I. NO%V, THEREFORE, BE IT RESOLVED by the City Council of Orono, MMnJsgtfServtafnc. FINDINGS [000(491 Hib ^jplicadoo wu itvtewtd u Zonini File *2604. The prapeny it loeNed in ih* B-i. Limited Butinm Zoning Dittrici «f>e« a Cla« It Retttunnt it petmined by condiiiootl use. A Out II ReilMnnl is defined ss • f M Food. Convenience, Drive-in, sod Liquor Stow Resuninnu. A lestsuitttt wdie« • mijoriiy of cuilomets order end we served their food st • counter in Packages P,ge I 017 CITY«r ORONO RESOLUTION OF THE CITY COUNCIL NO. -7 0 - prepared to leave the premises to be consumed; or a drive-in where most ctistomcrs consume their food in an automobile regardless of how it is served, or mstauranis which serve intoxicating liquor or have live cnlcrtainroenL** Section 10.40, Subdivision 4 (D). 3.The applicant hod appeared before the City Council on July 24. 2000 to request approval to proceed with the interior remodeling and restroom addition, which had been started. The restrooms are being expandixl for handicapped accessibility. The conditional use permit woulJ permit ii\*e enlertiininent and expa.nsion of the floor area. The Council did vote to allow the remodeling to continue even though a conditional use permit ;t*ould have been required before the building expansion began. The City of Orono had issued a building permit to allow additional remodeling of the Narrows Saloon which includes expanding the bar into the former Minnetonka Photo space, now vKated. The property is located in the B-1 Retail Saks Business DistricC in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed b>’ CUP. 5.City files indicate no CUP has ev er been issued for a restaurant on this property The use has required a CUP in the B-1 zone since at least 1967. Expansion of the facUity into the former Minnetonka Photo space and a 4* addition to Uie bathrooms now requires a conditional use permit. Also, the B*1 district requires a commercial site pUn 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 6.The Planning Commission reviewed this application and held public hearings on August 21.2(XX) and September 18.2000 and recommoided approve! by a vote of 6 to 1. It was the minont> opinion of the Planning Commission that requiring the •‘live enleiiaiamenr to end at 12 00 a m. may be putting undue restrictions on the business. Page 2 of? iaiiiiiw