HomeMy WebLinkAbout2016-124 (SUP amendment and waiver to City Code Section 38-3, Subd. 2, case 2016-19 )RESOLUTION 2016-124
A RESOLUTION APPROVING A SPECIAL USE PERMIT AMENDMENT
AND WAIVER TO CITY CODE SECTION 38-3, SUBD. 2
FOR THE LION'S TAVERN TO HAVE OUTDOOR ENTERTAINMENT
CASE NO. 2016-19
WHEREAS, the Dave Najarian with The Lion's Tavern made application for
approval of a Special Use Permit amendment, and associated noise ordinance waiver, to
allow for live, outdoor music, a form of outdoor entertainment, located on the back
patio of the structure located at 324 Main Street South on property legally described as:
See Exhibit A; and
WHEREAS, on May 11, 2016 the Planning Commission held a public hearing on
the requested Special Use Permit amendment, and unanimously recommended
approval with conditions; and
WHEREAS, on June 7, 2016 the City Council held a public hearing on the
requested Special Use Permit amendment and associated noise ordinance waiver.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the requested Special Use Permit amendment with the
following conditions:
1. Live outdoor music is permitted to be located on the western patio, situated in a
location where sound is directed in as easterly fashion as possible and as
depicted on the site plan as proposed in Case No. 2016-19.
2. Amplified music shall only be permitted 7:00-10:00 pm, Sunday through
Thursday, and 8:00-11:00 pm Friday and Saturday, from May 1 through Labor
Day and including Memorial Day, Independence Day, and Labor Day.
3. No amplification shall be allowed past 10:00 pm.
4. Any changes to location, amplification, timing and/or duration shall be
reviewed and approved by the City Council.
5. The City reserves the right to reduce hours approved in this permit if the
outdoor entertainment becomes a nuisance.
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.
7. A 90 -day review shall be conducted by staff for substantiated complaints to be
brought before the Planning Commission in a public hearing for consideration of
revocation of the permit.
Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of June,
2016.
CITY OF STIJ. LWATER
•
Ted Kozlowski, Mayor
Diane F. Ward, Clerk
EXHIBIT A
ALL THAT PT OF LOTS 8-9 & 25 BLK 29 ORIGINAL TOWN (NOW CITY) OF STILLWATER LYING WEST OF MAIN
ST EAST OF 2ND ST NORTH OF NELSON ST AS DESC IN BOOK V OF DEEDS ON PAGE 187 & SOUTH OF THE
FOLL DESC LINE:BEG AT PT ON THE E LINE OF SD LOT 8 WHICH IS 15FT SO OF THE NE CORNER OF SD LOT 8
THNC W AT RT ANG TO MAIN STREET 300FT TO THE E LINE OF SECOND STREET & SD LINE THERE
TERMINATE WHICH LIES ELY OF A LINE 199.90FT WLY OF AS MEASURAT RT ANG TO & PAR WITH THE E LINE
OF THE ABOVE DESC TRACT & SITUATE IN WASHINGTON COUNTY MN INCLUDING ANY PT OR PORTION OF
ANY ADJACENT STREET OR ALLEY HERETOFORE VACATED OR TO BE VACATED ORIGINAL TOWN (NOW CITY)
OF STILLWATER