HomeMy WebLinkAboutResolution 5440Draft #2 3-24-06
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5440
A RESOLUTION GRANTING AN AMENDMENT
TO AN EXISTING CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE SECTION 78=644(4)
AND GRANTING A VARIANCE TO SECTION 78-1403
FILE #05-3121
WHEREAS, The Narrows, LLC, a Minnesota limited liability company,
represented by Cindy Sudheimer, single, and James Anderst, single, (hereinafter "the
applicants") is owner of the property located at 3380 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 applicants represent Orono Liquor, Inc. which 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 applicants have applied to the City for an amendment of the
existing Conditional Use Permit, such amendment intended to permit expansion of the Class II
Restaurant use into additional portions of the property, pursuant to Municipal Zoning Code
Section 78-644(4); and
WHEREAS, the proposed expansion would incorporate into the allowed Class H
• Restaurant use area the portions of the principal building on the property formerly occupied by a
dry cleaner business and a hair salon, formerly addressed as 3384 and 3386 Shoreline Drive and
comprising approximately the westerly 40 feet of the principal building; and `
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5440
WHEREAS, the applicants additionally propose to develop an outdoor Smoker's
Patio at the rear of the building, such area to be enclosed by fencing and vegetative screening;
and
WHEREAS, the Orono Planning Commission held public hearings on the
proposed expansion on June 20, 2005; July 18, 2005; and September 19, 2005, 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 applicants' original proposal included expansion of a kitchen
area outside the existing footprint of the building, and included proposed outdoor seating with
food and liquor service at the front and rear of the building; however, as a result of the ongoing
review the applicants revised their original proposal a number of times in response to
recommendations by the Planning Commission, and on September 19, 2005 the Orono Planning
Commission voted 7-0 to recommend approval of the expansion of the Class II Restaurant use
subject to a number of conditions; and
WHEREAS, the City Council reviewed the revised proposal on October 10,
2005, and at the request of the applicants tabled the application for further revision. A further
revised proposal was submitted by the applicants and reviewed by the City Council on March 13,
2006, at which time the Council voted 4-0 to direct City staff to draft a resolution incorporating
findings and conditions for approval of an amendment to the Conditional Use Permit.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #05-3121.
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 conditional use permit granted via Resolution No. 4530 in October 2000
permitted live entertainment and permitted the floor area devoted to Class H
Restaurant use to encompass approximately 60% of the 50' x 100' one-story
building. The current proposal would expand such use to 100% of the building.
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CITY of ORONO
r ti
RESOLUTION OF THE �CI 4 COUNCIL
`9kESII0 NO.
4. The existing Class H Restaurant use with liquor service and live entertainment has
generated public comments with regard to occasional excessive noise levels due
to the live music being audible in the surrounding neighborhood during live
entertainment performances, primarily because entry/exit doors were propped
open. To the extent that the applicants can reduce noise levels that emanate from
the premises by making physical improvements to the building, by adding specific
sound -reduction building design elements, and by more attentively managing the
site operation, applicants should be required to take such measures to reduce the
negative impacts on the surrounding neighborhood.
5. Conversion of the two former retail spaces to restaurant use will increase the
number of parking stalls required by City ordinance for this building. The parking
required by code for the current restaurant use plus the two retail spaces was 38
• stalls. The parking required by code for the expanded restaurant use is 46 stalls.
The size and layout of the property allows for only a handful of parking stalls
within the property; both the current and proposed level of restaurant use requires
a majority of its parking demand to be met off-site in the adjacent municipal
parking lot.
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.
The applicants have provided a parking study that, when extrapolated to
accommodate the restaurant use under the revised expansion proposal, suggests
that actual peak parking demand for the restaurant will be approximately double
the number of code -required stalls, but such demand will occur at times when
other users of the municipal lot are not at peak demand.
The Council concludes that by eliminating the outdoor seating from their original
proposal, the applicants have reduced the potential increase in parking demand to
• a level that is anticipated to be.acceptable and reasonable.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .5440
6. The only building expansion outside the existing building envelope is an 88 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 5,260 s.f. (38.5%) to 5,348 s.f. (39.2%) 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 and noise management.
The City Council finds that granting a variance to allow lot coverage by structures
to increase from 38.5% to 39.2% 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.
7. 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.
8. No additional exterior lighting has been proposed for the expanded restaurant use.
Any such lighting will be required to meet the standards of the Zoning Code.
9. The proposed site plan includes 5 decorative trees to be placed on or in the
sidewalk at the front of the building. The Council finds that establishment of
vegetation along the business frontage in Navarre is a positive amenity and should
be encouraged. Because the proposed tree locations are within the County
highway easement, and adjacent to the City sidewalk easement, the applicants
should be advised to coordinate placement of trees with the appropriate County
and City authorities to ensure the appropriate species, locations, and maintenance.
10. The proposed site plan and operation includes a dedicated Smoker's Patio to be
established at the northwest corner of the property adjacent to the building. The
827 s.f. patio area will be surrounded by a 6' high fence and an arborvitae hedge
to limit the visibility of the patio from off-site, and to provide patrons with an
attractive area to smoke. The Smoker's Patio is proposed to be furnished with
tables and chairs, but restaurant and liquor service will not be provided, and no
liquor will be allowed to be brought to the patio area. The Council finds that the
proposed manner of use of this patio does not add to the parking requirement for
the restaurant use.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5440
11. 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 affect of the proposed use 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 39.2% where only 15% is normally allowed, 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 Class H Restaurant use into the
remaining 40% of the building per Section 78-644(4), subject to the following conditions:
This approval is based on the builduig layout and site plan by Carlsen & Frank
Architects, latest revision date March 3, 2006, attached hereto as Exhibit A. The interior
layout for the expansion shall be substantially as shown on Exhibit A, except as noted
herein, and any deviation from Exhibit A that the Planning Director determines is in
conflict with the intent of this approval, shall require further review by the City Council.
2. 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.
Therefore, the following noise -reduction measures shall be adhered to:
a) Primary access to the Restaurant shall be from the proposed vestibule at the rear
of the building.
b) Secondary access shall be from the proposed interior vestibules at the most
westerly existing doorways at the front of the building.
C) Access doors shall not be propped open for any reason except during deliveries.
d) The existing front center double doorway shall be made inoperable for access and
may be converted to a straight segment of wall conforming with the perimeter
facade wall of the building.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5440
e) The most easterly front double doorway shall be converted to an emergency exit
only, and shall be provided with "Panic Hardware" and an alarm system. This
door shall remain closed at all times except in an emergency.
f) The easterly of three access doorways to the Smoker's Patio shall be provided
with a self -closer mechanism as shown in Exhibit A. (Better options: This door
could be provided with a separate vestibule adjacent to the main entry vestibule,
to help contain noise... or it could be moved to the west side of the new
vestibule..)
g) The interior double door between the "Private Party Room" and the adjacent
seating area shall be provided with self -closer mechanism and shall remain closed
during live entertainment. The proposed double folding door from the Party
Room to the patio area shall be converted to a swinging door, and shall be
provided with a self -closer mechanism. The intent is that the ability must be
maintained to have a 2 -door system between all outside access doorways and the
live entertainment.
g) 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.
h) Noise shall be held to a level as to not be in violation of the Noise Ordinance.
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.
4. The Smoker's Patio is approved on the condition that there shall be no food, beverage or
liquor service provided to the patio area, and no food, beverage or liquor shall be brought
to or consumed in the patio area. Signage to this effect shall be prominently displayed at
all entrances to the patio area. The patio area is intended only to provide a place for
restaurant patrons to smoke, and therefore is not included in the parking requirement
calculations. There shall be no amplification, speaker system or other sound emitting
devices in the patio area or anywhere outside the building. The smokers patio may be
furnished with tables and chairs for the convenience of smokers. The Smoker's Patio is
approved on a one-year trial basis only; at any time during the first year of operation, the
Council may review and reconsider this use to determine whether it has caused any noise
issues, parking issues, or other issues. The Council specifically reserves the right to
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. . 54 40
require that the Smokers Patio use be limited or eliminated if it is determined to be
causing problems.
5. The Private Party Room shall be completely separated from the bar/dance floor space as
shown in Exhibit A, with the exception of the doorway at the northeast corner of the
room. Complete separation means that the proposed east wall of the Party Room shall be
floor -to -ceiling.
6. Applicants shall work with City staff to devise a suitable parking layout for the spaces
shown on Exhibit A, to ensure those spaces do not conflict with the use of and access to
the municipal 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 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.
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 (March 27, 2007).
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 applicants and owners have read, understood and hereby agree to the
terms of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the property.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5440
Adopted by the Orono City Council on this 27th day of March, 2006.
ATTEST:
inda S. Vee, City Clerk Barbara A. Peterson, Mayor ,
Property Owner/Applicant
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Owner/Applicant
The foregoing instrument was acknowledged before me on this `�-I day of Mag
2006, by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
• • `)p !!7 ; ji%-is1.fYll.✓l✓./.�/./'Y...r.././.�././�.✓�
COTXTTY OF HEXJLVi,,PIN
Notary Public
The foregoing instrument was acknowledged before me on this 52 7'�day of ,
2006, by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
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Notary Public a
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 54 4 0
This instrument was acknowledged before me this /gAday of M&h-c-L. , 200iby
J c".wA, b. A^.J-Ln &A—, a single person, on behalf of �j a/lnouw s L L G , its
cka-p M
STATE OF MINNESOTA
COUNTY OF HENNEPIN
No ublic
This instrument was acknowledged before me this day of
, a single person, on behalf of
Notary Public
Page 9 of 9
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