HomeMy WebLinkAbout2012-135RESOLUTION 2012 -135
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR OUTDOOR
SEATING ON A ROOF TOP PATIO AND A VARIANCE TO THE PARKING
REQUIREMENTS FOR RAFTERS FOOD AND SPIRITS AT 317 MAIN ST S
CASE NO. 2012-08
WHEREAS, the Stillwater Planning Commission held a public hearing and
reviewed the request for a special use permit for outdoor seating on a roof top patio and a
variance to the parking requirements for Rafters Food and Spirits at 317 Main St S at
their July 9, 2012 meeting at which time they approved the requests; and
WHEREAS, on July 19, 2012, Douglas K. Menikheim appealed the Planning
Commission July 91h approval to the City Council; and
WHEREAS, City Council held a public hearing and reviewed the appeal to the
Planning Commission's approval of a special use permit for outdoor seating on a roof top
patio and a variance to the parking requirements for Rafters Food and Spirits at their
August 21, 2012 meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves of a special use permit for outdoor seating on a roof top patio
and a variance to the parking requirements for Rafters Food and Spirits at 317 Main St S
with the following conditions:
1. All revisions to the approved plan shall be reviewed and approved by
the Planning Commission.
2. The applicant shall submit a SAC determination letter prior to the
issuance of a building permit.
3. The application shall submit plans on the roof top deck certified by a
structural engineer prior to the issuance of a building permit.
4. Plans shall be approved by the building inspector and fire marshal
prior to the issuance of a building permit.
5. The applicant shall receive all appropriate Washington County Health
Department approvals.
6. The property or business owner shall purchase 6 monthly parking
permits to compensate for deficit in on -site parking between May 1st
and October 31st each year.
7. The east edge of the patio shall be no closer than 3 feet to the building
edge.
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8. No smoking shall be permitted on the roof top patio.
9. No amplified music shall be permitted on the roof top patio.
10. Food and beverage service for all customers on the outdoor patio shall
cease at 9:30 pm. All customers shall exit the outdoor patio area by
10:00 pm. After one year, the Stillwater Police Chief may revisit the
hours of operation and expand them up to one hour at his or her
discretion. If the hours of operation are expanded in the future, the
Stillwater Police Chief may rescind the extend hours upon receiving
substantiated complaints, safety issues, or violations of the conditions
of this permit. Additional hours of operation beyond 11:00 pm requires
review and approval of the Planning Commission.
11. Drinks of all types are permitted on the roof top patio; however, no
physical bar or alcohol beverage service station shall be located on the
rooftop. After one year, the Stillwater Police Chief may revisit this
condition.
12. No glassware or glass bottles shall be available on the roof top patio.
13. There shall be no waiting area on the roof top patio.
14. When the roof top patio is open, a security staff member shall present
at all times on the patio.
15. Security cameras will a minimum resolution of 2 mega pixels and
capable to keep a minimum of 7 days of video shall be installed on the
patio. The video cameras shall capture all entrances/ exits to the roof
top patio and views of the entire patio area.
16. A minimum of a 9 foot tall barrier shall be installed along the south
edge of the patio. Final design shall be approved by the City Planner
prior to the issuance of the building permit.
17. A copy of a survey showing the current heights of this and the adjacent
buildings shall be submitted to the City prior to the issuance of a
building permit.
18. This special use permit shall be reviewed before the Planning
Commission and City Council for possible revocation or amending of
the conditions if substantiated complaints, safety issues, or violations
of the conditions of this permit are received by the Community
Development Director.
19. The gross receipts must be at least 60% attributable to the sale of food
with no more than 40% attributable to alcoholic sales.
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Enacted by the City Council of the City of Stillwater, Minnesota this 21" day of August,
2012.
CITY OF STII,k,-WA
, Mayor
ATTEST:
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Diane F. Ward, City Clerk