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HomeMy WebLinkAbout2017-121 (Findings of Fact, Conclusions and Order related to a Special Use Permit for a Noise Ordinance Waiver request to be located at 324 Main Street South CPC Case No 2017-11) RESOLUTION 2017-121 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO A SPECIAL USE PERMIT FOR A NOISE ORDINANCE WAIVER REQUEST TO BE LOCATED AT 324 MAIN STREET SOUTH CPC CASE NO 2017-11 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to the Special Use Permit and associated Variance requests for 324 Main Street South, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 20th day of June, 2017. Z'*12 45?—; Ted Kozlowksi, Mayor ATTEST: h • eadzi Zt/-/)** , Diane F. Ward, City Clerk STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Lion's Tavern C/O Dave Najarian Special Use Permit and Noise FINDINGS OF FACT Ordinance Waiver CONCLUSIONS For 324 Main Street South AND ORDER CPC Case No. 2017-11 The City Council convened a Public Hearing for Case No. 2017-11 at 7:00 p.m. on June 6, 2017 at the Council Chambers in City Hall. The purpose of the Public Hearing was to consider a request for an amendment to a Special Use Permit for a waiver to the Noise Ordinance at the property at 324 Main Street South. At this Public Hearing, the City Council considered the oral report of Bill Turnblad, Community Development Director; testimony and exhibits submitted by Dave Najarian, representing The Lion's Tavern ("Applicant"); the Staff Report dated June 6, 2017 by Abbi Jo Wittman,City Planner;and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on May 10,2017. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records, recordings and proceedings herein,the City Council makes the following: I. FINDINGS OF FACT 1. This property is located at 324 Main Street South. 2. The property is zoned CBD (Central Business District). 3. In the CBD,Outside Entertainment is allowed by Special Use Permit. 4. The Applicant was operating under Special Use Permit 2006-05which allowed for outdoor seating for Stone's restaurant. A condition of approval was that'evening outdoor music is allowed but subject to review and revocation or adjustment upon complaint." The case files note 'piped music'was proposed. 5. In May of 2016, the Applicant, operating under the aforementioned permit, requested an amendment to allow for live, outdoor music to occur on certain evenings. A condition of approval of CPC Case No.2016-19 was that no amplified music shall be allowed past 10:00 pm. 6. City Code Section Sec. 38-3, Subd. 2 indicates prohibits the use of musical instruments or operation of sound reproducing equipment, including phonographs, paging systems, musical instruments, etc. that may disturb the peace and quiet of the public, outside after 10:00 pm if it can be plainly heard more than 50 feet from the source. 7. In May, 2017, the Applicant applied for an amendment to the Special Use Permit, requesting a waiver to City Code Sec. 38-3, Subd. 2, Noise Control and Regulation, to allow for amplified music past 10:00 pm on Thursdays through Sundays. 8. City Code Section 31-207, Special use permit and conditional use permit, indicates a purpose "is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner". 9. City Code Section 31-207(d) indicates the Council must make findings that the proposed structure or use conforms to the requirements and the intent of the Zoning Chapter of the City Code,the comprehensive plan,relevant area plans and other lawful regulations;and any additional conditions necessary for the public interest; and the use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. 10. At the Planning Commission public hearing, the Commission made a 4-1 recommendation to the City Council to deny the Special Use Permit amendment. 11. At the City Council public hearing no neighbors spoke out for or against the proposed Special Use Permit amendment for a Noise Ordinance waiver. II. CONCLUSIONS OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. - 2 - 2. That as the proposed use is not in conformance with the intent of the Zoning Code nor the Comprehensive Plan. III. ORDER IT IS HEREBY ORDERED 1. That the request for the amendment to the Special Use Permit,for a waiver to the Noise Ordinance,is hereby denied. 2. Adopted by a 5-0 vote of the City Council this 20th day of June,2017. CITY OF STILLWATER Ted Kozlowski,Mayor ATTEST: If,6LA Diane F.Ward,Clerk EXHIBITS A. Staff report to the Planning Commission dated May 10,217 written by Abbi Jo Willman, City Planner. B. The May 10,2017 Planning Commission minutes. C. Staff report to the City Council dated June 6,2017 written by Abbi Jo Wittman,City Planner. D. The June 6, 2017 City Council minutes. - 3 - LEGAL DESCRIPTION Lots 2-3 except the South 23' of Lot 3, Block 14,Stillwater - 4 -