HomeMy WebLinkAbout2013-083RESOLUTION NO. 2013-083
A RESOLUTION APPROVING A SPECIAL USE PERMIT
TO ALLOW OUTDOOR ENTERTAINMENT
AT THE WATER STREET INN
CASE NO. 2013 -10
WHEREAS, Saint Croix Preservation Company made application for approval of
a Special Use Permit to allow outdoor entertainment, on property legally described as:
See Exhibit A
WHEREAS, on May 13, 2013 the Planning Commission held a public hearing on
the requested Special Use Permit and recommended approval with the conditions
found below; and
WHEREAS, on May 21, 2013 the City Council held a public hearing on the
requested Special Use Permit; and
WHEREAS, Section 31 -207, Subd.(d) of the City Code outlines findings necessary
to approve a Special Use Permit, and the City Council finds that:
1. The proposed structure and use conforms to the requirements and intents of
Chapter 31 of the City Code [Zoning Ordinance] and of the comprehensive
plan, relevant area plans and other lawful regulations.
2. Conditions necessary for the public interest have been imposed.
3. The use or structure will not constitute a nuisance or be detrimental to the
public welfare of the community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby finds that Section 31 -207, Subd (d) is satisfied and therefore approves
the Special Use Permit with the following conditions:
1) This special use permit allows outdoor live music on the north patio of The
Water Street Inn from 7:00 pm to 11:30 pm on Friday and Saturday and from
noon to 7:00 pm on Sunday between May and September. Any changes to
location, amplification, timing and/or duration shall be reviewed and
approved by the City Council.
2) A noise ordinance waiver is hereby granted to allow amplified outdoor live
music from 10:00 pm to 11:30 pm on Friday and Saturday between May and
October.
3) For the 2013 season, the City reserves the right to reduce hours approved in
this permit if the outdoor live music becomes a nuisance.
Resolution No. 2013- OR&
Page 2
4) This special use permit shall be reviewed before the Planning Commission
and City Council for possible revocation or amendment to the conditions of
this permit if substantial verified complaints, safety issues or violations of the
conditions of this permit are received by the Community Development
Director.
Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May,
2013.
CITY OF STILLWATER
Michael Polehna, Vice Mayor
GT460.35
Diane F. Ward, Clerk
Resolution No. 2013- OAJ3
Page 3
LEGAL DESCRIPTION
The following described real property located in the County of Washington and State of
Minnesota:
Parcel A:
Those portions of Block 27, Original Town, now City of Stillwater, Minnesota,
and that portion of the South Half of vacated EastMyrtle Street, according to the
recorded plat thereof, said recorded plat being on file and of record as Document
No. 416049 in the Office of the County Recorder of Washington County,
Minnesota, lying Easterly of the Easterly line of North Water Street, as widened,
per Agreement recorded in Book "F of Bonds, Pages 462 through 465, and as
widened in Agreement recorded in Book "N" of Bonds, Page 242; and lying
Westerly of a line drawn parallel with and distant 8.50 feet Westerly of, as
measured at right angles to, Burlington Northern Railroad Company's (formerly
Northern Pacific Railway Company's) Main Track center line, as presently located
and constructed over and across said Block 27,
Parcel B:
That portion of Block 18, Original Town, now City of Stillwater, Minnesota
according to the recorded plat thereof, said recorded plat being on file and of
record as Document No. 416049 in the Office of the County Recorder of
Washington County, Minnesota, lying Easterly of the Easterly line of North Water
Street, as the game was created by City of Stillwater Resolution recorded in Book
74 of Deeds, Page 122, and lying Westerly of a line drawn parallel with and
distant 8.50 feet Westerly of, as measured at right angles to, Burlington North
Railroad Company's (fori-nerly Northern Pacific Railway Company's) Main Track
Centerline, as presently located and constructed over and across said Block 18;
lying Northerly of the Northerly line of East Myrtle Street; and lying Southerly of
an Easterly projection of the Northerly line of Commercial Avenue as the same is
described in Book "V" of Deeds, Page 384, said Office of the County Recorder.
Washington County, Minnesota
Abstract Property