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HomeMy WebLinkAbout2013-084RESOLUTION NO. 2013-084 A RESOLUTION APPROVING A SPECIAL USE PERMIT AMENDMENT FOR AN OUTDOOR EATING ESTABLISHMENT FOR 116 MAIN STREET S — QUICKFIRE PIZZA CASE NO. 2013 -14 WHEREAS, LDL Company made application for approval of a Special Use Permit amendment to allow an outdoor eating establishment, 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 amendment 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 amendment; and WHEREAS, Section 31 -207, Subd.(d) of the City Code outlines findings necessary to approve a Special Use Permit amendment, 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 amendment with the following conditions: 1. The property owner or applicant shall purchase five additional monthly parking permits each year between April and November to mitigate the increased parking demand created by the new outdoor eating area. 2. Building plans shall be approved by the Fire Marshal and Building Official prior to issuance of a building permit for construction of the patio and pergola. 3. The applicant shall submit a Sanitary Sewer Access Charge Determination Letter to the Metropolitan Council. 4. The applicant shall receive all appropriate Washington County Health Department approvals. Resolution No. 2013 -19sif Page 2 5. The applicant shall revise their liquor license with the City of Stillwater prior to serving alcohol on the patio. 6. Lighting shall be downward directed and shielded to prevent glare. 7. The use of speakers on the patio shall be limited to the hours between 11:30 am and 10:00 pm. 8. 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 Mich el Polehna, Vice Mayor ATTEST: Diane F. Ward, Clerk Resolution No. 2013 -0 Page 3 EXHIBIT A Lots Three (3) and Four (4), Block Tw hty -six (26) of original town (now city) of Stillwater, according to the plat thereof on file aril of record in the Office of the Register of Deeds in and for Washington County,