HomeMy WebLinkAbout#6353-CUP-2013 � y .
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O � O CITY of ORONO
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A RESOLUTION
GRANTING A CONDITIONAL USE PERMIT
FOR A CLASS II RESTAURANT USE
PER MUNICIPAL ZONING CODE SECTION 78-644(4);
AMENDING A PRIOR CONDITIONAL USE PERMIT;
AND GRANTING VARIANCES TO SECTIONS 78-1403 AND 78-1405
FILE #13-3615
WHEREAS, Narrows, LLC, a Minnesota limited liability company, represented
by James Anderst, single, (hereinafter "the applicant") is owner of the property located at 3382-
3386 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as
follows:
That part of Lot 5, Block 3, Townsite of Langdon Park, Hennepin
County, Minnesota, described as follows:
Beginning at the Southwest corner of said Lot 5; thence on an assumed
bearing of North along the West line of said Lot a distance of 105.50
feet; thence along a line bearing North 74 degrees 24 minutes East to its
intersection with a line drawn parallel with and distant 112.00 feet East
of the West line of said Lot 5; thence South along said parallel line to
the South line of said Lot 5; thence West along said South line to the
point of beginning.
(hereinafter the "property"); and
WHEREAS, the applicant represents Orono Liquors which currently operates the
Narrows Saloon, a Class II Restaurant which has, to date, operated in the easterly 60 feet of the
principal building on the property per a Conditional Use Permit granted by the City Council via
Resolution No. 4530 adopted on October 9, 2000; and
WHEREAS, the applicant has applied to the City for an amendment of the
existing Conditional Use Permit to allow expansion of the Narrows Saloon by developing an
outdoor seating area adjacent to the Narrows Saloon and within the property boundaries, such
area to be enclosed by fencing and vegetative landscaping; and
- WHEREAS, the applicant has additionally applied far a second conditional use
permit to allow development and operation of a separate Class II Restaurant in the westerly 40
feet of the existing building, pursuant to Municipal Zoning Code Section 78-644(4); and
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WHEREAS, the additional Class II Restaurant is proposed to include an outdoor
seating area separate from that proposed for the Saloon use, such area to be enclosed by fencing
and vegetative landscaping; and
WHEREAS, the Orono Planning Commission held public hearings on the
proposed expansion on August 19, 2013 and October 21, 2013, during which meetings all
interested members of the public wishing to comment on the application were provided the
opportunity to be heard; and
WHEREAS, the applicant's proposal includes construction of an approximately
70 s.f. vestibule at the rear of the new restaurant which would increase the lot coverage by
structures from 38.6% to 39.1% where 15% lot coverage is allowed per Zoning Code Section 78-
1403(a)(1); and
WHEREAS, the applicant's proposal includes installation of a trash enclosure to
be located at the rear of the property less than the required 10' setback from the side lot line and
less than the required 5' setback from the rear lot line per Section 78-1405(A)(5&6); and
WHEREAS, the City Council reviewed the proposal on November 25, 2013 and
voted 5-0 to approve the application and direct staff to draft an approval resolution for
consideration, incorporating appropriate conditions and restrictions, including screening and
buffering the rear seating areas per the submitted elevation and plan depictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #13-3615.
2. The property is located in the B-1, Retail Sales Business District where a Class II
Restaurant (i.e. a restaurant which serves intoxicating liquor or has live
entertainment) is permitted by conditional use.
3. The property is 13,656 s.f. in area (0.31 acres) and 112 feet in width, less than the
required 20,000 s.f. lot area for the B-1 District but meeting the B-1 lot width standard.
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4. The conditional use permit granted for the Narrows Saloon via Resolution No.
4530 in October 2000 permitted live entertainment and permitted the floor area
devoted to Class II Restaurant use to encompass the easterly 60' or approximately
60% of the 50' x 100' one-story building. The current proposal would create a
second, separate Class II restaurant within the westerly 40' or approximately 40%
of the building, and additionally would establish new outdoor seating areas for
each of the two restaurant uses.
5. The new restaurant use will not be directly accessible from the Saloon but will
share the rear entry and restroom facilities. The westerly space in which the new
use is proposed is approximately 40' wide x 50' deep, or 2,000 s.f. of floor area
(4,000 s.f. including the basement level). This new proposed restaurant includes a
dining area with bar and kitchen on the main floor, with a second bar and
additional seating in the basement. These spaces will be separated from the
portions of building occupied by the Narrows Saloon by an existing wall. An
additional hallway will be created on the main floor from a portion of the existing
Saloon area to allow access from both businesses to the restrooms yet maintain
separate entrances for each restaurant.
6. The existing CUP for the Narrows Saloon allows a Class II Restaurant use with
liquor service and live entertainment. Because of concerns about potential
excessive noise levels due to live music being audible in the surrounding
neighborhood during live entertainment performances, conditions were included
in Resolution No. 4530 requiring establishment of a 2-door vestibule system at
the rear of the building, which was constructed and remains in place. This
vestibule currently serves as the only entrance to the Saloon opening to the
parking lot at the rear of the building. Under the new proposal for an outdoor
seating area to serve the Saloon, this vestibule will no longer serve as the rear
entrance and will only provide access to the outdoor seating. The proposed
shared entrance along the west side of the restroom wing will serve as the primary
entrance to both the Saloon and the new restaurant use.
7. Conversion of the retail space in the westerly 40 feet of the building to a new
restaurant use will increase the number of parking stalls required by City
ordinance for this building. Additionally, because food service is intended for
both proposed outdoor seating areas, those areas although seasonal and weather-
related in terms of actual parking need, must be taken into account when
determining the parking demand for the expanded use. The parking required by
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code for the expanded use including the Saloon, the new restaurant, and the
outdoor seating areas is shown in the following table:
Existing Proposed Proposed Proposed Total
Saloon Saloon Restaurant Restaurant
Interior Exterior Interior Exterior
Public Space Public Space Public Space* Public Space
Square footage 2,174 s.f. 550 s.f. 2,750 s.£ 600 s.£ 6,074 s.f.
Stalls (a� 1 per 80 s.f. 27 stalls 7 stalls 34 stalls 8 stalls 76 stalls
*Includes basement seating area
The size and proposed layout of the property does not allow for parking stalls to
be situated within the property; both the current and proposed level of restaurant
use requires its parking demand to be met off-site, either in the adjacent municipal
parking lot, which currently contains approximately 122 striped stalls, or in on-
street parallel parking along the north side of Shoreline Drive which can
accommodate approximately 15 vehicles.
A variety of factors limit the level of confidence the Council has with regards to
whether the municipal lot can adequately handle the parking demands of all its
users, which include employees and patrons of the abutting businesses; the Park-
and-Ride users; the City Park users; and other undefined users. To add
complexity, parking stalls in the municipal lot have not been numerically or
spatially apportioned to the various businesses and other users. Parking is on a
first-come, first-served basis. Other business properties abutting the municipal lot
also have varying numbers of available stalls within their property boundaries that
are not included in the 122. These additional stalls, mostly not striped, number
approximately 15-20.
The conditional use permit review conducted for the Narrows Saloon CUP in
2000 indicated that 154 parking stalls are needed by code to serve all businesses
having rights to the City-owned lot. That analysis was based on rough estimates
of square footages (based on footprint size) of the businesses that existed at that
time. There has been no appreciable change in the extent of neighboring business
uses since that time.
As a result of the parking concerns, as part of a 2005 request for expansion of the
Saloon into the westerly 40' of the building, the applicant hired a consultant,
Benshoof& Associates, to complete a new parking study relative to that proposed
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expansion and use of the City parking lot. That study eoncluded that total post-
Narrows Saloon expansion parking required per City Code would have been 57
stalls, based on a public interior floor area of 3,698 s.f. plus 827 s.f. of a then-
proposed smokers patio area, totaling 4,525 s.f. public area (4,525 sf/ 80 sf per
stall = 57 stalls]. The study went on to conclude that actual peak parking demand
for the expanded restaurant would be approximately double the number of code-
required stalls, but such demand would occur at times when other users of the
municipal lot are not at peak demand.
No formal parking study has been completed for the current application. Factors
which will ultimately impact the actual parking demand for the proposed use
include the level of success of the new restaurant and both outdoor seating areas;
seasonality of the outdoor seating and impacts of weather; and actual level of use
of the basement public spaces. Council concludes that the parking requirements
established in the code appear to be met when taking into account parking
availability in the City lot and along Shoreline Drive, and the anticipated offset in
times of peak demand between the restaurant uses and other users of the available
parking.
8. The only building expansion outside the existing building envelope is an
approximately 70 s.f. vestibule to be located immediately west of the existing
restroom wing. The vestibule meets all setback requirements. The vestibule
increases the lot coverage by structures from 5,270 s.£ (38.6%) to 5,340 s.f.
(39.1%) where only 15% lot coverage is normally allowed. Granting of a lot
coverage variance is supported by the need to provide a main entryway oriented
to the municipal parking lot, and to provide for energy efficiency.
The City Council finds that granting a variance to allow lot coverage by structures
to increase from 38.6% to 39.1% will not be detrimental to the health, safety or
general welfare of the public, will not adversely affect light, air nor pose a fire
hazard or other danger to neighboring properties, nor will the granting of said
variance depreciate surrounding property values or be inconsistent with the intent
and objectives of the Zoning Code and Comprehensive Plan of the City.
9. The building is allowed signage based on the front footage of lot, per Zoning
Code Section 78-1468. The building will be limited to 112 s.f. of total signage.
10. Exterior lighting is proposed for the outdoor seating areas. Any such lighting will
be required to meet the standards of the Zoning Code.
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11. The proposed trash enclosure is proposed to be three-sided masonry with a gate
allowing access to two dumpsters. The proposed location of the trash enclosure is
consistent with the layout of the City parking lot which is hashed to allow for
garbage trucks to back up to the dumpsters. The Council finds that this condition
supports the granting of the variances to side and rear setbacks for the proposed
dumpster location.
12. The proposed outdoor seating areas serving the Saloon and the new restaurant are
adjacent to and facing the parking lots. The Council finds that the proposed
landscaping and screening as depicted in the color renderings submitted by the
applicant will help to aesthetically improve the general area and is anticipated to
be a catalyst for similar aesthetic improvements to this area of the Navarre
business district. Therefore, the applicant should be required to incorporate the
depicted wrought iron fencing, brick-faced pillars and arborvitae plantings into
the final landscaping.
13. The City Council additionally makes the following findings with respect to the
conditional use permit requests for the new restaurant use and the expansion of
the existing Saloon use:
(1) The proposed use is compatible with the surrounding commercial district.
(2) The site of the proposed use contains no unique natural features which
would be impacted, and there is no increase in hardcover proposed.
(3) The proposed aesthetic improvements would complement the axea and
improve the visual character of the immediate commercial neighborhood.
(4) Negative impacts of the proposed use on vehicular and pedestrian
circulation are not anticipated
(5) Potential new demands on services and infrastructure due to the proposed
use are not anticipated to be excessive
(6) The proposal is generally in conformance with City plans for parks, streets
and walkways.
(7) The proposed restaurant use is located in one of the few areas of Orono
where a Class II restaurant would be allowed consistent with the
Community Management Plan.
(8) The proposed use is not anticipated to have a detrimental effect on the safety
and convenience of vehicular and pedestrian movement.
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(9) The proposed use incorporates sufficient landscaping to reasonably screen
undesirable features and to enhance the image of the development.
(10) The proposed use is not anticipated to create detrimental disturbances to
surrounding properties based on adherence to the conditions of approval.
(11) The proposed use conforms to all pertinent requirements of this chapter with
the exception of the variances noted herein.
(12) The proposed use will incorporate efforts to conserve energy whenever
practical.
14. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicant and the effect of the proposed use and variances on the health,
safety, and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Orono Municipal Zoning Code Section 78-1403 to allow lot coverage by
structures to increase to 39.1% where only 15% is normally allowed; and grants a variance to
Section 78-1405 for construction of a trash enclosure to be located less than the required 5 feet
from the rear lot line and less than 10 feet from the side lot line; and grants an amendment to the
conditional use permit granted via Resolution No. 4530 adopted on October 9, 2000, such
amendment for the specific purpose of allowing expansion of the Narrows Saloon Class II
Restaurant use by adding an outdoor seating area of approximately 550 s.f.; and grants a
conditional use permit for establishment of a new separate restaurant use within the westerly
40% of the building per Section 78-644(4) and including a 600 s.f. outdoor seating area, subject
to the following conditions:
l. This approval is based on the building interior layout plans (upper and lower level) by
Premier Restaurant and Equipment Company dated 3/7/08 and attached hereto as Exhibit
A, and the site plan by Gronberg and Associates dated 9/6/13 and attached hereto as
Exhibit B. The interior and outdoor seating layout and dumpster enclosure location for
the Saloon and new restaurant shall be substantially as shown on Exhibits A and B,
except as noted herein, and any deviation from Exhibits A and B that the Zoning
Administrator determines is in conflict with the intent of this approval, shall require
further review by the City Council. Building signage, landscaping and screening for the
outdoor seating areas shall be established in conformance with the depictions attached
hereto as Exhibit C.
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2. The outdoor seating layout and landscaping for the Saloon, although not depicted in
Exhibit A, shall follow the same general design and landscaping as depicted in Exhibit A,
B and C for the new restaurant use.
3. It is the Council's intent that all reasonable precautions shall be taken to eliminate noise
impacts to the surrounding neighborhood from operation of the Narrows Saloon, the new
restaurant, and their outdoor seating areas. Therefore, the following noise-reduction
measures shall be adhered to:
a) Because the Saloon does not have a vestibule for its doorways accessing the
Shoreline Drive side of the building, primary access to the Saloon shall be from the
proposed new shared vestibule at the rear of the building during the times that live
entertainment is occurring.
b) Exterior access doors to the Saloon shall not be propped open for any reason except
during deliveries during the time that live entertainment is occurring.
c) Applicant shall provide evidence that the HVAC systems provided in the building
shall be sufficient to handle all anticipated loads and not require access doors to be
propped open for ventilation purposes in any season.
d) Applicant shall not have live music piped to either of the outdoor seating areas. Any
amplification, speaker system or other sound emitting devices in the outdoor seating
areas, such as for providing soft dinner background music shall be kept at a low
volume so as to not become a nuisance, and shall cease at 11:00 p.m.
e) All other noise shall be held to a level as to not be in violation of the Noise
Ordinance and so as to not become a nuisance.
4. Per the conditions of Resolution No. 4530, live entertainment shall end at 12:30 a.m, each
night and the Saloon shall close at 1:00 a.m. each night. Except as modified herein, all
terms and conditions of Resolution No. 4530 with respect to the Narrows saloon shall
remain in full force and effect.
5. Hours of operation for the new restaurant shall be limited to the hours of 8:00 a.m. to
11:00 p.m. Sunday through Thursday and 8:00 a.m. to 1:00 a.m. Friday and Saturday.
Liquor service to the outdoor seating areas shall be subject to review with each annual
liquor license application.
6. Applicant shall work with City staff to devise a plan for establishing handicap parking
stall within the city lot. No motorcycle parking will be allowed on the sidewalk at the
front of the building, and such notice shall be posted on the premises. The City
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prohibition on motor vehicle parking in the municipal lot between the hours of 2:00 a.m.
and 5:00 a.m. shall be also posted on the premises.
7. The property is subject to the sign ordinance for temporary and permanent signs. No
signs can be located on or outside the building without receiving a permit from the City
of Orono.
8. The sale of intoxicating liquor requires the business have a valid liquor license with the
City of Orono. A separate liquor license will be required for the new restaurant and its
associated outdoor seating. A liquor license for the Saloon reflecting the added outdoor
seating area will be required.
9. Authorities granted by this resolution are permissive only and must be exercised by
application for a building permit within one year of the date of Council approval or this
conditional use permit will expire on that date (December 9, 2014).
10. Violation of or non-compliance with any of the terms and conditions of this resolution
shall constitute a violation of the Zoning Code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
11. The undersigned applicant has read, understands and hereby agrees to the terms of this
resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the
recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 9th day of December, 2013.
ATTEST:
'- ��CC�_t �L�.-� `,��^CE ,a,�,� . d'tr�x Y�`��
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
�vr.srr
Pr perty Owne Applicant
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this�( day of �J(�_, , 201�on
behalf of Narrows, LLC by James Anderst, a single person, , its Owner.
�
G!-CA k��
BARBARA G.SILUS Notary Public
� NO�ARY PUBLIC•MINNESOTA
„�.` Mr�omm�sS�O�Exp�res Jen 31,ZOtB
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CERTIFICATE OF SURVEY FOR
NARROWS, L.L.C.
IN LOT 5, BLOCK 3, TOWNSITE OF LANGDON PARK
HENNEPIN COUNTY, MINNESOTA
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SHORELINE DRIVE
LEGAL DESCRIPTION OF PREMISES :
That part of Lot 5, Block 3, Townsite of Langdon Pork deeeribed ae fotlows:
Beginning at the Southweat corner of said Lot 5: thenca on an osaumed b§oring of North olong
the West line of said lot a distance of 105.50 feet; thence along a line bearing North 74 degrees
24 minutes East to its intersection with a line drawn parallel with ond distcnt 112.00 feet East
of the West line of said lot 5; thence South along said parallel line to the South line of said
Lot 5; thence West along said South line to the point of beginning.
o : denotes iron marker
Bearings shown ore based upon an assumed datum.
This survey intends to show the boundories of the above described praperty, the location
of an exist�ng building, and the proposed location of a proposed patio, wall; and addition ��m
thereon. It doee not purport to show any oiher improvements or encroachments. 2 PT7 X
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SCA LE IN �VZ
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a�..,, �.,� GRONBERG AND :;'.�:�"'��`�°,,."'°m•°b` ` I
pr V� Y m..o,vM:,' Y drtK�,
a �sao rnno,nou¢,uo vm�ut w.x mE that I am a dul Liceroed Lmd Survay
.•�� ASSOCIATES, INC. iM�..e<<�S�a�.o��^^e.o=^.
CON3ULTING ENGINEER3,LAND
SURVEYORS dc 3ITE PLANNER3
�� 143 NOI�TH WLLOW OPoVE
3-299 � LONGa52�)3�-414�� Mark 5.Amnerg Mimesoca Llcan wmt
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� Council
CERTIFICATE OF SURVEY FOR Exhibit�B
NARR � WS , L . L . C . �,,,ps� �� �
IN LOT 5, BLOCK 3, TOWNSITE OF LANGD�N PARK
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HENNEPIN COUNTY, MINNESOTA
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• ��Riooa�P '; PER DOC. N0. 3449563•. •.,
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RECEt1PED
OC1 01 2013
C�TY OF ORONO
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on December 9th, 2013, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand o icially as such City Clerk and the corporate seal of the
City this�day of �, 2014.
�Cr e. k.-e� /✓C�CC�
City Clerk �