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HomeMy WebLinkAboutResolution 4530 t ' //�� /� O� • O O ��e. - CITY of ORONO ,� � . �� G'� RESOLUTION OF THE CITY COUNCIL ��SHp4�' . NO. � � � � . � A RESOLUTION GRANTING � � A CONDITIONAL USE PERMIT PER MUIVICIPAL ZONING CODE SECTION 10.40, SUBDIVISION 4 (D) FILE #2604 WHEREAS, James Anderst, is owner of the Narrows Saloon, (hereinafter "the applicant") and Donald McCarville is owner of the properry (hereinafter "the owner") located at 3380 Shoreline Drive within the City of Orono(hereinafter"City")and legally described as follows: Attached"Exhibit A", (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit to permit±he properiy to be used as a Class II Restaurant per Municipal Zoning Code Section 10.40, � Subdivision 4 (D); and � . , WHEREAS, The City of Orono had issued a building permit to expand the use into the former Minnetonka Photo space in the adjoining building; and WHEREAS, The Orono City Council approved, on July 24, 2000 the applicant to proceed with the building expansion subject to the applicant requesting a Conditional Use Permit for the use of the building, including live entertainment. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � Minnesota: FINDINGS � 1. This application was reviewed as Zoning File#2604. 2. The properry is located in the B-1, Limited Business Zoning District where a Class II Restaurant is permitted by conditional use. A Class II Restaurant is defined'as "Fast Food,Convenience,Drive-in,and Liquor Store Restaurants.A restaurant where a majority of customers order and are served their food at a counter in Packages . • Page 1 of 7 ' , . , . %-� � O ' Y • O O ��6. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL � . L\�SH�4�' . NO. � � � � � .. prepared to leave the premises to be consumed; or a dr-ive-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 entertainment." Section 10.40, Subdivision 4 (D). � 3. The applicant had 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 expanded for handicapped accessibility. The conditional use 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. 4. 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 vacated. The property is located in the B-1 Retail Sales Business District 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 by CUP. 5. City files indicate no CUP has ever 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 facility into the former Minnetonka Photo space and a 4' addition to the bathrooms now requires a conditional use 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. 6. �The Planning Commissiori reviewed this application and held public hearings on . August 21, 2000 and September 18, 2000 and recommended approval by a vote of 6 to l. It was the minority opinion of the Planning Commission that requiring the � "live entertainment"to end at 12:00 a.m. may be putting undue restrictions on the business. • Page 2 of 7 �/�-� �� �� � o 0 ��e - CITY of ORONO � � �� �'� RESOLUTION OF THE CITY COUNCIL ��SHp4� . . NO. � � � � � • � 7. At the August 21, 2000 public hearing it was noted during live entertainment � � performances doors on the Narrows Saloon had been left open creating noise from � the building that could be heard in residential areas in the neighborhood. 8. The additional seating may cause added demand for parking around the site. The busiest hours for The Narrows would be evenings on weekends when there would be little demand for parking spaces in the municipal lot located to the north side of the building. . 9. The building is allowed signage based on the front footage of lot,per Section 10.61 of the zoning code. This building is limited to 60 s.f. of signage. 10. The City Council finds that granting a conditional use permit to allow a Class II restaurant with live entertainment 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 its use depreciate surrounding . property values and that the proposed level of use of the properry will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. • 11. The City Council has considered this application including the findings and �' recommendations of the Planning Cominission,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 conditional use permit per Municipal Zoning Code Section 10.40, Subdivision 4 (D), subject to � the following conditions: 1. The applicant shall install a two door system at the rear entrance to meet all State Building and Fire Code standards. The purpose of the doors would be to allow customers to enter and exit the building without allowing noise to leave the building. They should be spaced so one door would close before the second door is opened. . � � Page 3 of 7 / O � � • � � �6. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��k'ESH.O�� � . NO. � � � � All doors shall remain closed at all times, exEept when entering or exiting the . building. 2. Live entertainment will end at 12:30 a.m. each night and the Saloon shall close at 1:00 a.m. each night. 3. The front door shall not be used as an entrance during the period of time the building is used for live entertainment. A one year time period is required for the applicant to monitor the use of the building and the front entrance. After one year the Ciiy of Orono will review the use of the building in relation to the live entertainment and noise levels generated by the live entertainment use. 4. The property is subj ect 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. • 5. Noise shall be held to a level as to not be in violation of the Noise Ordinance. 6. The sale of intoxicating liquor requires the business have a valid liquor license with the City of Orono. 7. 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 (October 9, 2001). 8. 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. . 9. The undersigned applicant and owner has read,understood 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. • Page 4 of 7 � i O ' � � • O O ��e - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9.kE p4�'G . NO. t����'$.� . SH Adopted by the Orono City Council on this 9th day of October, 2000. - ATTEST: ' , ��e� Linda S. Vee, Ciry Clerk Gab 'el Jabbour, Ma or . � � roperty Owner . A� icant STATE OF MINNESOTA ) . • ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October, ' 2000, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �',w�'' RACIiEL DO�DGE �:��.,�-�--2 �a''Q� k�`,� . MOTARYPI�I.IC-A�E:OTA �� ' :A,.� u�Y���•31�� Notary Public w- .• .� � Page 5 of 7 � � � a . .. �, . � � , � O� • O O ��e - CITY of ORONO . ,� � ��i G'�' RESOLUTION OF THE CITY COUNCIL ' ��kESI�04� � � NO. � � e� � � . STATE OF MINNESOTA ) ) ss.� COUNTY OF HENNEPIN ) ' On this ��day of S�f-�t�nl�e+" ,20 o I before me a Notary Public within and for said �rr��e ro/�cr oc�'�2rS county, personally appeared /�rr,, {�ylC Cct.�vi/le ���r4�el �1'1�Car'vi lI e, �own foPme to be'� the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. -.::�z����w�w , � '� NOpIRY1N�IC•MIit�Et�!rA ' 1�►t�ii�l��+.3t,zoos ���+�--�--Q �bc��-� Notary Public STATE OF MINNESOTA ) _ � ) ss�. � . COUNTY OF HENNEPIN ) On this 7� day of ��oFeivid ej' , 20 6� before me a Notary Public w�i n�and for said county, personally appeared �a.� �/�cje�5-{-, �i.���e-r �� Na��lcnown to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. ::�,. RACHELOODGE �� :-�' NCTARYPII�L�C.iJ�JE?OTA Y2 �yy�bn Expi�Jm.31�2005 L--��L,�,� /C/�Y�-� � Notary Public � � Page 6 of 7 ,� . � ' • EXHIBIT A . RESOLUTION 4530 LEGAL DESCRIPTION CONIl�IENCING AT THE SOUTHWEST CORNER OF LOT 5, BLOCK 3, TOWNSITE OF LANGDON PARK, HENNEPIN COUNTY, MINNESOTA; THENCE ON AN ASSUMED BEARING OF NORTH A,LONG THE WEST LINE THEREOF A DISTANCE OF 105.5 FEET; THENCE NORTH 74 DEGREES 24 MINLJTES EAST A DISTANCE OF 91 FEET; THENCE ' SOUTH 42 DEGREES 36 MINUTES EAST TO THE INTERSECTION WITH THE EAST LINE OF THE WEST 104.5 FEET OF SAID LOT 5;THENCE SOUTH ALONG SAID EAST LINE TO TI� SOUTH LINE OF SAID LOT 5; THENCE WEST TO THE POINT OF BEGINNING, ALSO DESCRIBED AS PINS #17-1 17-23 44 0100. � � Page 7 of 7 .