HomeMy WebLinkAboutResolution PC2023-12 signedCity of Stillwater
Washington County, Minnesota
RESOLUTION PC2023-12
RESOLUTION GRANTING AN INTERIM USE PERMIT TO ALLOW OUTDOOR
SEATING IN THE CENTRAL BUSINESS DISTRICT FOR OUTDOOR SEATING IN
UNION ALLEY BEHIND 123 SEOND STREET NORTH
WHEREAS, the City of Stillwater received an interim use permit application from
Sara Jesperson ("Applicant"), located 123 Second Street North, legally described in
Exhibit A (the "Property"), regarding outdoor seating located in the Central Business
District; and
WHEREAS, the outdoor seating will be located in Union Alley directly behind the
following locations:
1. 123 Second Street North
2. 108 Main Street North
3. 112 Main Street North
WHEREAS, the on April 26, 2023, the Planning Commission for the City of
Stillwater considered the request.
NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of
the City of Stillwater hereby approves the interim use permit for outdoor seating. The
approval of the interim use permit is based on the following findings:
1. The use conforms to the zoning regulations;
2. The date or event that will terminate the use can be identified with certainty;
3. Permission of the use will not impose additional costs on the city if it is necessary
for the city to take the property in the future; and
4. 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 sound shall be 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.
8. Any violation of the above conditions or of any section of the Stillwater City Code
could result in the revocation of the Interim Use Permit.
9. The Interim Use Permit may be renewed annually by the Community Development
Director as allowed by City Code Section 31-207.1 Subd. 8.
Adopted by the Planning Commission this 26th day of April, 2023.
ATTEST
CITY F STILLWATER
Jo n Dybvig, Ci Pfanning Commission
Chair
Tim Gladhill, Community Development Director
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