HomeMy WebLinkAboutResolution PC2023-15 SignedCity of Stillwater
Washington County, Minnesota
RESOLUTION PC2023-15
INTERIM USE PERMIT TO ALLOW FOR OUTDOOR SEATING AT 243 MAIN
ST S (LOLITO)
WHEREAS, the City of Stillwater received an Interim Use Permit Application for
Outdoor Seating from Lolito Cantina ("Applicant"), located at 243 Main St S, legally
described as in Exhibit A (the "Property"), regarding the creation of an outdoor seating
area; and
WHEREAS, on April 26, 2023, the City Planning Commission for the City of
Stillwater considered the interim use permit.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of Stillwater hereby approves the interim use permit for outdoor seating. The approval of
the interim use permit is subject to the following conditions:
Findings
• The use conforms to the Zoning District
• The date or event that will terminate the use can be identified with certainty
• Permission of the use will no impose additional costs on the City if it is necessary
for the City to take the Property in the future
• The user agrees in writing to any conditions that the Planning Commission deems
appropriate for permission of the use
Conditions of Approval
1. The Applicant shall comply with all provisions of City Code Section 31-519.1
(Outdoor seating requirements)
2. The Applicant shall comply with City Code Section 52-19 (Noise control and
regulation).
3. Any amplified outdoor sound limited to the hours between 10:00 a.m. and 10:00
p.m.
4. Any lighting shall be temporary in nature and must be easily removable.
5. If over eight seats, in addition to the required number of parking spaces pursuant
to the principal use, additional parking shall be required at a ratio of one parking
space for every four seats in the outdoor seating area. Parking Mitigation Fee in
lieu of on site parking stall construction shall be referred to the Downtown Parking
Commission for recommendation, subject to ratification by the City Council, prior
to use.
6. All changes to the approved plans will need to be reviewed and approved by the
Community Development Director. Any major changes will need to go to the
Planning Commission for review and approval.
7. The Interim Use Permit shall terminate or be brought before the Planning
Commission should there be a change in ownership of facility and/or expansion of
facility and use.
CITY OF STILLWATER
Matt Thueson, Heritage Preservation
Commission Chair
ATTEST:
Tim Gladhill, Community Development Director
Legal Description of the Applicant's Property
Abstract Property Type
Parcel ID: 2803020410035
All that part of Lots 5, 6 and 7, Block 28, of the Original Town (now City) of Stillwater, as
shown on the perfected plat thereof, recorded as Document No. 416049, Washington
County records, lying Westerly of the Westerly line of platted Stimpsons Alley, a.k.a.
South Water Street, described as follows, to wit:
Beginning at a point in said Westerly line of platted Stimpsons Alley, a.k.a. South Water
Street, distant 3.00 feet Southerly, as measured along said Westerly line, from the
Northerly line of said Lot 5; thence South 73 degrees 13 minutes 07 seconds West,
assumed bearing, (rec. as South 72 degrees 24 minutes 19 seconds West), parallel
with said Northerly line of Lot 5, a distance of 50.52 feet; thence North 16 degrees 48
minutes 46 seconds West, (rec. as North 17 degrees 37 minutes 32 seconds West)
1.55 feet; thence South 73 degrees 11 minutes 17 seconds West (rec. as South 72
degrees 22 minutes 28 seconds West) 69.48 feet, more or less, to a point in the
Easterly line of platted Main Street, said point being 1.49 feet Southerly, as measured
along said Easterly line from the Northwesterly comer of said Lot 5; thence Southerly
along said Easterly line of platted Main Street 41.51 feet, more or less, to a point 43.00
feet Southerly, as measured along said Easterly line, from said Northwesterly comer of
Lot 5; thence Easterly, parallel with the Northerly line of said Lot 6, a distance of 69.12
feet, more or less, to the Easterly line of said Lot 6; thence Northerly along said Easterly
line of Lot 6 a distance of 0.47 feet, more or less, to the Southerly line of the Northerly
17.36 feet of said Lot 7; thence Easterly, along said Southerly line of the Northerly 17.36
feet, a distance of 50.73 feet, more or less, to said Westerly line of platted Stimpsons
Alley, a.k.a. South Water Street; thence Northerly, along said Westerly line, 39.55 feet,
more or less, to the point of beginning.