HomeMy WebLinkAbout2013-086RESOLUTION NO. 2013-086
A RESOLUTION APPROVING A SPECIAL USE PERMIT
FOR OUTDOOR SALES FOR 204 MAIN STREET N — PAPA WHEELIE'S
SURREY AND BICYCLE RENTAL
CASE NO. 2013 -16
WHEREAS, Steven Gnan made application for approval of a Special Use Permit
to allow outdoor sales, 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 seasonal (April to October) surrey and bicycle
rentals on private property at 204 Main Street N including a rental kiosk and
bicycles/ surreys during operating hours. Hours of operation shall be from
Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to
5:00 pm. The kiosk shall be removed from the property during the off season.
Bicycles and surreys shall not be stored on the property except during
operating hours. Any changes in season or hours of operation shall require an
amendment to this permit.
2. All rental activities including lining up of customers shall be located on
private property and outside the public rights -of -way.
Resolution No. 2013 -29674P
Page 2
3. For the 2013 and 2014 rental seasons, the Public Works Director and Public
Safety Director shall review and approve the proposed route map to avoid
conflicts with construction equipment, motor vehicles and pedestrians. If
conflicts occur, the City reserves the right to restrict rental activity for these
two seasons including limiting routes, reducing hours of operation or
capping the number of bicycles/ surreys available for rental.
4. Surreys and bicycles shall not be permitted on Main Street except for
crossing.
5. The property owner is responsible for coordinating between both outside
sales permittees and assuring that all activity related to outside sales remains
on private property and does not encroach into the public rights -of -way.
6. 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, City Clerk
Resolution No. 2013 -A&
Page 3
Exhibit "All
All tTat aaxt of clock xishttam 1151 of the UK-iSi l ToWA trwow City) Of
Stillwater, as surveyed eed platted and now of re card in the office of the
fi 9st[rar of b4ads it a d for the County of Wasbit7tan End State of M-4—. gtar
dnscri ad &I followo, to wit,
R-_jjnnjn9 at a point its rltO ifaat line of Main Street, in zaid City of
Stillwater, Two Hundred Kinety taint 12991 fen „ therly from the Harth line
cf v1yrtle Stroet, in said City o! Stillwater. nnd - ImOing theu*i WestarlY Olt a
in 114rall*1 V th said 00rtls llne Of Said )TYrt1e .atre t, i tV -fOUr tSlt
f'actr thence Northerly on a lid Varalial w th said, West line of Maita Sta�Caa
eraty -f ur (24) fact to a . pciAto thence wastarlY ate, a lltca Parallel with
.-aid North line of RyrLie : tre &t, i h - fi r E64i feet to Reid west lilac of
ain str t3 t ance Soutbtrly ulang aaid west Sam -te Of u4in Street Twenty-four
J241, feet to the VSaca of baqizmiAq
at part Of Block BilliteemA (18) of th49 Original naW City Of Stillwater,
described as boginning at a wiaat In the neat line of said fain txavt in aaid
City, at stiilwater, Two Sralred grad Fifty-t 0,,2521 feet North of the worth
,.':ine of myrtle street, 64,1(1 piat cf beeia 3 be;ng Vt4 z4orthwest corner of
comarci4i isves°uo an4 Kplz Street is said city) t;e a taxly aloe. the
Koxth lint of Conarcial aueaaua 21ghty -four 1,84t faata thence ftrthtrly'
parallel to Main Streat Forty-seven f4l') tees. ttcen: e FAsterly paxall,el vtthi
i' ri"ial. Avente z;S.lhty, faux (U ) fvati theace $iY#7Mer2y aloaq the wvzz line
cl Vain Streat. V,ortvR3e•.m (tel fact t4 *.a Matt Of W4.e?aington
cmi ty, "i 4,e ota,