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HomeMy WebLinkAbout98-135 Arcade CUP r~ ~(QCo)d4w\ ~ LcMe.}~-f/ ~~ . I (I .' . ; t I 2-3 c;b 06700-2963 CUSTOMER RECEIPT PAT BOECKMAN SCOTT COUNTY REGISTRAR OF TITLES SCOTT COUNTY RECORDER COURTHOUSE ROOM 113 SHAKOPEE. MN 55379.1392 (612) 496.8143 OOOSCROll-23-98#003 $20.00AB THIS DOCUMENT IS NOT VALID AS A RECEIPT UNTIL YOUR CHECK HAS CLEARED THE BANK -....-~.---:.~-~....~"'':'....,_._'''''-'''-~-_....-7'';;...'-'',N-.O'~-.,~'''>.:~-,''~.....;..,...:<"4......'!'..~,;,~~....~';not-:I!U.:l::~~~~"';;.'):-"..;.~~_.~~~:1~?__~. File No. 98-135 P.D. Billiards and Arcade STATE OF MINNESOTA) )55. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 98-137 CUP for Operation ofa Game Room on file in the office of the City Planner, City of Prior Lake. Dated this 19th day of November, 1998. (City Seal) TRUECOPV.DOC PAGE 1 ,- : RESOLUTION 98-137 APPROVING A CONDmONAL USE PERMIT TO CONDUCT A GAME ROOM AT 16760 TORONTO AVENUE ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT FOR LARRY MECHURA D.B.A. P.D. BILLIARDS AND ARCADE MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, .' KEDROWSKI SECOND BY: PETERSEN the Prior Lake Planning Commission conducted a public hearing on November 9, 1998 to consider an application from Larry Mechura d.b.a. P.D. Billiards and Arcade for a Conditional Use Permit (CUP) and the City Council heard the case on November 16, 1998; and notice of the public hearing on said CUP has been duly published m accordance with the applicable Prior Lake Ordinances; and the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the game room; and the Planning Commission and City Council find the CUP of P.D. Billiards and Arcade in harmony with both existing and proposed development in the area surrounding the project; and the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Larry Mechura, d.b.a. P.D. Billiards and Arcade for property located at 16760 Toronto Avenue, and legally described as follows: That part of Lot 1, Block 1, plat ofBROOKSVILLE CENTER 1ST ADDITION, Scott County, Minnesota, together with that part of the East one-half of the Southwest Quarter and that part of the West one-half of the Southeast quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: 16200 Ea~PJ1~Pl~o_~~,~JdfEaiw, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61l2}~47-4245 AN EQUAL OPPORTUNITY El\1PLOYER ,- .. --.- ..--- -." _ _.._...h._.:._....~..".......-....-"'.~_.,. r Commencing at the most Northerly Westerly comer of said Lot 1, said comer being on the Southerly right-of-way line of Trunk Highway No. 13; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the land to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet; thence North 61 degrees 16 feet 31 inches East a distance of 136.67 feet to its intersection with the Easterly line of said Lot 1; thence South 12 degrees 8 feet 8 inches East along said Easterly line a distance of 419.74 feet; thence south 89 degrees 45 feet 55 inches East a distance of 460.00 feet along the Northerly line of said Lot 1, to a point distant 850.00 feet West (as measured at right angles) of the East line of said West one-half of the Southeast Quarter; thence North 00 degrees 14 feet 5 inches East parallel with said East line a distance of 430.00 feet; thence South 89 degrees 45 feet 55 inches East a distance of 150.00 feet; thenc~ North 00 degrees 14 feet 5 inches East a distance of 497.9 feet, more or less, to its intersection with the Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly along said Southeasterly right of way line to the point of beginning. -., Together with an easement for roadway purposes over and across a strip ofland 25 feet in width, the Easterly line of said strip is described as follows: Commencing at the most Northerly, Westerly comer of said Lot 1, Block 1; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the line to. be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet and there terminating. ' AND Beginning at the southeast comer of Lot 1, Block 1, BROOKSVILLE CENTER 2ND ADDmON, Scott County Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast comer of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00 feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast comer of Lot 2, Block 1, of said plat; thence westerly along the north line of said Lot 2, a distance of 125 feet to the point of beginning. BE IT FURTHER RESOLVED, the approved conditional use permit is subject to the following conditions: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code, including future amendments to Section 10-3-10, relating to curfews. 2. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 3. ''NO LOITERING" signs are to be posted in the parking lot in front of the proposed use. 4. This CUP is to be reviewed one year from the date of approval (November 1999). Such review is to include a police report and detail of activities or problems occurring with the use. The review may result in additional conditions being placed on the Conditional Use Permit. 5. The sound system is to be controlled by employees of the game room and located inside the building. 6. The site (leased space) shall be designated as a non-smoking area. r:\counciI\resoluti\planres\rs98137c.doc Page 2 ,-- 7. The applicant must obtain all necessary building permits and certificates of occupancy prior to occupying the leased space. ..,., 8. The applicant has until one year from the date of adoption of the resolution by the City Council to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A Certificate of Occupancy will not be issued until proof of recording of the resolution has been submitted to the City. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for P.D. Billiards and Arcade. The contents of Planning Case File #98-135 are hereby entered into and made a part of the public record and the record of the decision for this case. . Passed and adopted this 16th day of November, 1998. Mader Kedrowski Petersen Schenck Wuellner YES X X X X X NO Mader Kedrowski Petersen Schenck Wuellner {Seal} r:\council\resoluti\planres\rs98137c.doc Page 3 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT NOVEMBER 16, 1998 lOA JENNITOVAR,PLANNER DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING CONDITIONAL USE PERMIT FOR LARRY ME CHURA D.B.A. P.D. BILLIARDS AND ARCADE ON PROPERTY LOCATED AT 16760 TORONTO AVENUE. History On September 16, 1996, the City Council adopted Ordinance 96-24 permitting "Game Rooms" as conditional uses in the B-3 (General Business) zoning district with four conditions. Those conditions are: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code relating to curfews. 2. The use shall be located at least 150 feet from the nearest residential structure. 3. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City code. 4. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. On September 28, 1998 the City received an application for a Conditional Use Permit from Larry Mechura, d.b.a. P.o. Billiards and Arcade, to begin operation in the building located at the Priordale Mall. Current Conditions The Priordale Mall is an existing building and variOl1;S tenants occupy the space. Specific issues relating to the site such as landscaping are not an issue in this review. On November 9, 1998, the Planning Commission held a public hearing. The applicant and Neil Boderman, Priordale Mall owner, were the only persons present to offer public comment. Mr. Mechura described the proposed use and answered the Planning Commission questions. Mr. Boderman supported Mr. Mechura's use. Mr. Mechura and Mr. Boderman concurred with the recommended conditions. Following closure of the public hearing, the Planning Commission 162bn>fJ~r~'(ll~~\~jJ~'S~E~5P~fg?Eake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER recommended approval of the conditional use permit with the following conditions: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code, including future amendments to Section 10-3-10, relating to curfews. 2. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 3. "NO LOITERING" signs are to be posted in the parking lot in front of the proposed use. 4. This CUP is to be reviewed one year from the date of approval (November 1999). Such review is to include a police report and detail of activities or problems occurring with the use. 5. The sound system is to be controlled by employees of the game room and located inside the building. 6. The site (leased space) shall be designated as a non-smoking area. 7. The applicant must obtain all necessary building permits and certificates of occupancy prior to occupying the leased space. 8. The applicant has until one year from the date of adoption of the resolution by the City Council to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of Occupancy will not be issued until proof of recording of the resolution has been submitted to the City. The Planning Commission commended the applicant on fulfilling a need in the community and for making the game room a no smoking and no alcohol environment. The Planning Commission felt the proposed hours of operation are consistent with the curfew ordinance as long as the curfew is enforced. No restrictions on hours of operation were suggested. The Planning Commission wants to review the CUP in a year to ensure that any unforeseen problems which may arise can be addressed in a formal manner. Because this use is new to Prior Lake, there may be situations that arise which will need to be dealt with. Additionally, the Planning Commission adopted Resolution 98-34PC approving the conditional sign permit accompanying the proposed use. The Issues The City Council must determine if the CUP complies with the conditions set forth in the ordinance and concurs with the Planning Commission's and staffs recommendation to approve the CUP. Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the staff analysis of compliance with these criteria are set forth below; L:\98FILES\98CUP\98-135\98-135CC.DOC 2 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The proposed use is consistent with the conditional use provisions for the B-3 General Business zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). Furthermore, the proposed use is consistent with the conditions for the operation of a game room specified in Ordinance 96-24. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. The proposed use of a supervised game room does not appear to be dangerous, injurious or noxious to other property or other property owners. The leased space within the Priordale Mall is not adjacent to residential properties. Adjacent uses ofthe Hollywood Inn and Holiday gas station have similar hours. The specific conditions for approval have been met. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The landscape ordinance does not apply. The use is a leased tenant in an existing building. The proposed use is located in the front of Priordale Mall facing Hwy. 13. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The building is constructed and the use is a leased tenant. The visual impression and environment is consistent with the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. The existing parking and circulation on the site will not change. There is no overall site plan on file for the Priordale Mall. However, the previous uses of this leased space included a computer printing facility and a wedding shop. The required parking for retail is one parking space for every 200 square feet of use. The required parking for professional/business services is one stall for every 250 square feet of space. The required parking for recreational assembly is I stall for each employee on the maximum shift. There is only one employee at the proposed facility, thus only one parking stall is required. L:\98FILES\98CUP\98-135\98-135CC.DOC 3 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: Considering the parking for the proposed use is considerably less than the previous uses, no additional parking will be required. 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The current Comprehensive Plan designates the property as Retail Shopping (Community). The proposed use is recreational and commercial. The Comprehensive Plan states primary uses as shopping centers or retail. The sites are designed and located according to size and location. The plan states this designation to be located at arterial and major collector intersections. While the proposed use is not specifically listed as an intended use, it is a result of actions of the City Council to fill an unmet need in the community not anticipated when the Comprehensive Plan was adopted. The performance standards are set forth in Section 7.5(D) and relate to the following factors; Fire protection Noise Odors Glare Water pollution. Electrical disturbance, Vibrations, Air pollution, Erosion, The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. Conclusion The Planning Commission and staff recommend approval of the CUP with the conditions as stated in the attached resolution. There is no fiscal impact if the variance is approve or denied. 1. Adopt Resolution 98-XX approving CUP for P.O. Billiards and Arcade as presented or with modified conditions. 2. Deny Resolution 98-XX and direct the staff to prepare a resolution denying the Conditional Use Permit with specific findings of fact. 3. Defer this item and provide staffwith specific direction. The staff recommends Alternative #1, adoption of Resolution 98-XX approving a conditional use permit for P.O. Billiards and Arcade. L:\98FILES\98CUP\98-135\98-135CC.DOC RESOLUTION 98-XX APPROVING A CONDITIONAL USE PERMIT TO CONDUCT A GAME ROOM AT 16760 TORONTO AVENUE ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT FOR LARRY MECHURA D.B.A. P.D. BILLIARDS AND ARCADE MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted a public hearing on November 9, 1998 to consider an application from Larry Mechura d.b.a. P.D. Billiards and Arcade for a Conditional Use Permit (CUP) and the City Council heard the case on November 16, 1998; and WHEREAS, notice of the public hearing on said CUP has been duly published m accordance with the applicable Prior Lake Ordinances; and WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the game room; and WHEREAS, finds the proposed use consistent with the Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and City Council find the CUP of P.D. Billiards and Arcade in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Larry Mechura, d.b.a. P.D. Billiards and Arcade for property located at 16760 Toronto Avenue, and legally described as follows: That part of Lot 1, Block 1, plat ofBROOKSVILLE CENTER 1ST ADDITION, Scott County, Minnesota, together with that part of the East one-half of the Southwest Quarter and that part of the West one-half of the Southeast quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: 16200 E~~~Ji~'g~~U)\'3~~I$~~9~rf5r<I'1ke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~jga47-4245 AN EQUAL OPPORTUNITY EMPLOYER Commencing at the most Northerly Westerly comer of said Lot 1, said comer being on the Southerly right-of-way line of Trunk Highway No. 13; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the land to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet; thence North 61 degrees 16 feet 31 inches East a distance of 136.67 feet to its intersection with the Easterly line of said Lot 1; thence South 12 degrees 8 feet 8 inches East along said Easterly line a distance of 419.74 feet; thence south 89 degrees 45 feet 55 inches East a distance of 460.00 feet along the Northerly line of said Lot 1, to a point distant 850.00 feet West (as measured at right angles) of the East line of said West one-half of the Southeast Quarter; thence North 00 degrees 14 feet 5 inches East parallel with said East line a distance of 430.00 feet; thence South 89 degrees 45 feet 55 inches East a distance of 150.00 feet; thence North 00 degrees 14 feet 5 inches East a distance of 497.9 feet, more or less, to its intersection with the Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly along said Southeasterly right of way line to the point of beginning. Together with an easement for roadway purposes over and across a strip of land 25 feet in width, the Easterly line of said strip is described as follows: Commencing at the most Northerly, Westerly comer of said Lot 1, Block 1; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the line to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet and there terminating. AND Beginning at the southeast comer of Lot 1, Block 1, BROOKSVILLE CENTER 2ND ADDITION, Scott County Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast comer of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00 feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast comer of Lot 2, Block 1, of said plat; thence westerly along the north line of said Lot 2, a distance of 125 feet to the point of beginning. BE IT FURTHER RESOL YED, the approved conditional use permit is subject to the following conditions: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code, including future amendments to Section 10-3-10, relating to curfews. 2. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 3. ''NO LOITERING" signs are to be posted in the parking lot in front of the proposed use. 4. This CUP is to be reviewed one year from the date of approval (November 1999). Such review is to include a police reports and detail of activities or problems occurring with the use. 5. The sound system is to be controlled by employees of the game room and located inside the building. 6. The site (leased space) shall be designated as a non-smoking area. 7. The applicant must obtain all necessary building permits and certificates of occupancy prior to occupying the leased space. 1: \98files\98cup\98-135\rs98-xx.doc Page 2 8. The applicant has until one year from the date of adoption of the resolution by the City Council to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A Certificate of Occupancy will not be issued until proof of recording of the resolution has been submitted to the City. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for P.D. Billiards and Arcade. The contents of Planning Case File #98-135 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 16th day of November, 1998. YES NO Mader Kedrowski Petersen Schenck Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} City Manager, City of Prior Lake 1:\98files\98cup\98-135\rs98-xx.doc Page 3 RESOLUTION 98-34PC A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A WALL SIGNS FOR A CONDITIONAL USE (GAME ROOM) ON PROPERTY LOCATED AT 16760 TORONTO AVENUE (pRlORDALE MALL) FOR LARRY MECHURA D.B.A. P.D. BILLIARDS AND ARCADE WHEREAS, Larry Mechura, D.B.A P.D. Billiards and Arcade, has applied for a Conditional Sign Permit as required by Section 7.6 of the Zoning Ordinance in order to permit wall signs for a use requiring a conditional use permit at 16760 Toronto Avenue, legally described in attached Exhibit B, to wit. WHEREAS, the Planning Commission has reviewed the application for conditional sign permit as contained in Case #98-135 and held hearings thereon on November 4, 1998; and WHEREAS, the Planning Commission has considered the effect of the proposed sign upon the property in the surrounding area and the effect of the proposed sign on traffic; and WHEREAS, because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed sign will not danger to the public safety, have a negative impact on surrounding property or traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance; and WHEREAS, the contents of Planning Case 98-135 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void six (6) months from the date of approval if the holder of the sign permit has failed to complete the contemplated improvements. NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota: A conditional sign permit is granted to permit the construction of two wall signs for P.D. Billiards and Arcade as proposed in Exhibit A (sign plan contained in Case file 98-135), attached to and made a part of the resolution. Adopted by the Board of Adjustment on November 4, 1998. 16200 ~~~r!~~~:~u.R.~:~l$r~spk~:t~~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4,17-4245 AN EQUAL OPPORTUNITY EMPLOYER ~. ~ I:\98files\98cup\98-135\res97-34.doc 2 ,'-'~-_.:~ :,:;:.,;<".:':~ ", .;:.~:);.. ~ . '~:,:i;,:~"';.:} ", .,.... . ;1~~~jl'~';1 . ....\'~~., ..J._....,.,., SI .;i,J~~;,~~~;z ... ...j!~'i",~ .l ;,; ':" " . ".,.~.~:""'"'qt.~~."""li... : 1II'';~:J":.t ~CC ~ ca U) . .._ .;" ,.:rjl,f;.. (.', 11-.... ~ ~":'": '-. .' ';;; ,., '~' ". . '. < t.~ ~ " ~ -Ie' ~ ~ oJ V) ""j ",i,' . ,":.~' , V'"';:: / ',~7..~~t:~:~ ~ ~ :: ~ "." ~.., l';;1:'1~~"I; , t f' ~t ;: ~ , .1:'-1.:,.", ';t ~ ~;J';;;'I~P: .~.;~,: ~ k .' ; . /).; ,..-:" :~ .{.;; - . , i:!cLa:~.'(.). cC: a III ':!:i~>1}J(.P~:'.y-al.....~~;.it"'~}:p} I'~-'" .' . .",'II! -",":',. '> ";"l'r~ii '~"~ ~ ., .~ -' ~.e ~ ':~2;J~?T .' ,;0:< ...~.: . ,",>-", . , '.-.::.....:, ,- j ',: ~. , ~ -'; ./ CITY OF PRIOR LAKE ORDINANCE NO. 96-24 AN ORDINANCE AMENDING SECTIONS 5-1-7 and 5-3-3 OF PRIOR LAKE CITY CODE AND AMENDING SECTIONS 3.2 and 8.1 OF PRIOR LAKE' ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Sections 5-1-7 and 5-3-3 of Prior Lake City Code and Sections 3.2 and 8.1 of Prior Lake Zoning Ordinance 83-6 are hereby amended as follows: . Section 5-1-7 of the Prior Lake and Section 3.2 of Prior Lake Zoning Ordinance are amended by adding the following definition: GAME ROOM. An establishment offering various mechanical and electronic games for use by the public for a fee. Such use may also include sale of food items and merchandise, either incidentally or as another principal use in the same building or tenant space, and also some assembly or meeting space. Section 5-3-3 of the Prior Lake City Code and Section 8.1 of the Prior Lake Zoning Ordinance are amended by adding the following to the list of Conditional Uses in the B-3 General Business District: Game room, subject to the following conditions: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code relating to curfews. 2. The use shall be located at least 150 feet from the nearest residential structure. 3. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City code. 4. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 5. Such additional conditions as the City Council may determine appropriate on an existing Conditional Use Permit which may be reviewed and/or amended by the City Council at any time. 16200 ~~~5.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY E1\1PLOYER This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this I ~-,day oL. ..8')h})U~-1996. --/ . ~ ~-"d----&L ~~A Mayor e Prior Lake American on the /~day of OClch-e..r , 1996. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake,:MN. 55372 ARCADORD.DOCIKK .... 2 ,~ \... 1~3-10 1~3-10 1~3-10: CURFEW: ~ ( (A) Hours and Age Restrictions: 1. It shall be unlawful for any person under the age of sixteen (16) years to be on or present in any public street, avenue, alley, park or other public place in the City between the hours of ten o'clock (10:00) P.M. and five (,--.. o'clock (5:00) A.M. of the following day, official City ti.rne, unless accompanied by his/her parent or guardian, or person having laWful custody and control of his /her person or unless there exists a reasonable necessity therefor, unless going to or from an adult sponsored activity or in case of an emergency. The fact that said child, unaccompanied by parent, guardian or other person having legal custody is found upon any street, alley or public place after ten o'clock (10:00) P.M. or before five o'clock (5:00) A.M. of r. the following day, shall be prima facie evidence that said child is unlawfu lIy \. u/ present and that no reasonable excuse exists therefor. (Ord. 75-8, S.S.75;'~' readopted Ord. n.a, 8-21-72) (B) 2. It shall be unlawful for any person under the age of eighteen (18) years and over the age of fifteen (15) years to loiter, loaf or idle on or about any public street, avenue, alley, park or other public place in the City between the hours of twelve o'clock (12:00) A.M. and five o'clock (5:00) A.M. of the following day, official City time. (1979 Code) Parents' Responsibility: It shall be unlawful for any parent, guardian or other () person having the lawful care, custody or control of any person under the age of eighteen (18) years to allow or permit such person to violate the provisions of subsections (A) 1 and (A)2 hereof. (e) Establishment Owners' Responsibility: It shall be unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, to permit any minor under the age of eighteen (18) years to loiter, loaf or idle in such place after nine o'clock (~ .. (9:00) P.M. It shall be unlawful for any person under the age of eighteen ' (18) to be within any establishment or in the premises of any establishment "- having an on sale for intoxicating liquor, club or set-up license after nine o'clock (9:00) P.M.' , i " .-/ ,. See Title 3, Chapter 1 of this Code. ( \ ,.:-- . (, ,.:<: \.... 10-3-10 10-3-11 C) This Section shall not be construed as permitting the presence at any time of.- any person under eighteen (18) years in any place where his presence is now prohibited by any existing law or ordinance of the City. Wherever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business shall find persons under the age of eighteen (18) years loitering, loafing or. idling in such place of business, he shall immediately order such person to leave, and if such person refuses to leave the said place of business, the operator shall immediately notify the Police Department and inform them of the violation. (D) Arrest Procedure: Any member of the police force is authorized to arrest, with or without a warrant, any person violating the provisions of subsections (A)2, (B), (C) or (D) of this Section, and any child unaccompanied by a parent, guardian or other adult person having the lawful care and custody of said minor child. (Ord. 7&8, 5-6-75; readopted Ord. 72-8, 8-21-72) (E) Violation, Penalty: Any person violating any of the provisions of this Section shall upon conviction be guilty of a misdemeanor and be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days. (1979 Code) 10-3-11: INJURE CITY PROPERTY: (A) The City property referred to herein shall include the following: 1. The City water tower, 2. All City buildings, 3. All other City equipment or structures (including motor equipment and/or park structures). (Ord. 71.16, 9-13-71) (B) It shall be unlawful for anyone to climb or scale or go upon City property unless duly authorized by the City and it shall be unlawful for anyone to tamper with or open any fire hydrant unless duly authorized by the City, and anyone so opening a fire hydrant shall make restitution for the value of any water lost or used as the result of said opening in addition to the penalties provided herein. (Ord. 72-1, 2-14-72; readopted Ord. 72-8,8-21-72) (C) Anyone who violates this Section shall be guilty of a misdemeanor and be fined not to exceed five hundred dollars ($500.00) or imprisoned not more than ninety (90) days. (Ord. 71.16, 9-13-71; readopted Ord. 72-8, 8-21-72; amd. 1979 Code) Lawrence C. Mechura 16587 Five Hawks Ave S.E. Prior Lake, MN 55372 City of Prior Lake BuildingsIPlans Examiner 16200 Eagle Creek Ave S.E. Prior Lake, MN 55372 To whom this may concern: My long term goal of the P.D. Billiards and Arcade is to establish a family entertainment center. Where as people could meet and play video games, billiards, and darts. This would be established as a dry bar, non-smoking atmosphere. Vending, soda, and fruit drinks would be available along with vending snacks and candy machines. As a single parent or four grown children, three in colleges and one in at the Prior Lake High School. I have seen the need for a good, clean, wholesome fun and entertainment In Prior Lake, this would give everyone in the family a chance to participate, also a place for young adults to go. The time periods and curfew will be totally supervised under the guidelines of the city ordience. The opening time of operation would be from 11:00 am. to 1:00 a.m., Monday thru Saturday. Sunday's 12:00 noon to 10:00 p.m. Checking ofidentification for age and curfew will be inforced. Zero tolerance for improper behavior and language. I myselfwill be working on location, (which is my income). In about 6-8 months, a possibility of hiring part-time help on weekends and in the summer. A women's and men's rest room will be constmctedby landlord at the recommendations of the City of Prior Lake Plans Examiner. Thank YOU. Sincerely, /i'C~~ ~ P.D. ~d Billel Prior Lake, MN 55372 Phone:447-2168 /', '- - SlIOJ'J'lNG CE.N1'ER sITE pL.AN "- ... . 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Consider Approval of Resolution 98-XX Approving Conditional Use Permit for Larry Mechura D.B.A. Billiards and Arcade on Property Located at 16760 Toronto Avenue. ~ City Manager Boyles introduced the item and outlined the staff report, and including comments from the Planning Commission. He also outlined the recommended conditions. Comments from Councilmembers: MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE RESOLUTION 98-XX APPROVING CONDITIONAL USE PERMIT FOR LARRY MECHURA D.B.A. BILLIARDS AND ARCADE ON PROPERTY LOCATED AT 16760 TORONTO AVENUE. Schenck: Question regarding loitering ordinance and youth related question. Rye: Under 21 was initial intention. Boyles: Revised resolution was distributed. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. B. Consider Approval of Mayor's Recommendation for Appointment to Fill the Vacancy on the Prior Lake Economic Development Authority. Mayor Mader commented that there were 4 good candidates and outlined the process used to select finalist. Mayor Mader appointed Bob Jader, subject to Council approval, for his: * Desire to serve public * Business experience * No conflict of any sort with city business both in realities perception. MOTION BY PETERSEN SECOND BY WUELLNER TO APPROVAL OF MAYOR'S RECOMMENDATION TO APPOINT BOB JADER TO FILL THE VACANCY ON THE PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. At 9:25 p.m. the City Council adjourned to the Executive Session 11. OTHER BUSINESS: A. Executive Session to Discuss Pending Litigation and Labor Negotiations. 111698.DOC 12 ,/ , ,~ RESOLUTION 98-137 APPROVING A CONDITIONAL USE PERMIT TO CONDUCT A GAME ROOM AT 16760 TORONTO AVENUE ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT FOR LARRY MECHURA D.B.A. P.D. BILLIARDS AND ARCADE MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, KEDROWSKI SECOND BY: PETERSEN the Prior Lake Planning Commission conducted a public hearing on November 9, 1998 to consider an application from Larry Mechura d.b.a. P.D. Billiards and Arcade for a Conditional Use Permit (CUP) and the City Council heard the case on November 16, 1998; and notice of the public hearing on said CUP has been duly published m accordance with the applicable Prior Lake Ordinances; and the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the game room; and the Planning Commission and City Council find the CUP of P.D. Billiards and Arcade in harmony with both existing and proposed development in the area surrounding the project; and the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6 ofthe Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Larry Mechura, d.b.a. P.D. Billiards and Arcade for property located at 16760 Toronto Avenue, and legally described as follows: That part of Lot 1, Block 1, plat ofBROOKSVILLE CENTER 1ST ADDITION, Scott County, Minnesota, together with that part of the East one-half of the Southwest Quarter and that part of the West one-half of the Southeast quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: 16200 Ea~PJ1~Pl~o)W~l~~~;r~MfEa1r~, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~&l47-4245 AN EQUAL OPPORTUNITY EMPLOYER Commencing at the most Northerly Westerly comer of said Lot 1, said comer being on the Southerly right-of-way line of Trunk Highway No. 13; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the land to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet; thence North 61 degrees 16 feet 31 inches East a distance of 136.67 feet to its intersection with the Easterly line of said Lot 1; thence South 12 degrees 8 feet 8 inches East along said Easterly line a distance of 419.74 feet; thence south 89 degrees 45 feet 55 inches East a distance of 460.00 feet along the Northerly line of said Lot 1, to a point distant 850.00 feet West (as measured at right angles) of the East line of said West one-half of the Southeast Quarter; thence North 00 degrees 14 feet 5 inches East parallel with said East line a distance of 430.00 feet; thence South 89 degrees 45 feet 55 inches East a distance of 150.00 feet; thence North 00 degrees 14 feet 5 inches East a distance of 497.9 feet, more or less, to its intersection with the Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly along said Southeasterly right of way line to the point of beginning. ~."Jo Together with an easement for roadway purposes over and across a strip of land 25 feet in width, the Easterly line of said strip is described as follows: Commencing at the most Northerly, Westerly comer of said Lot 1, Block 1; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the line to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet and there terminating. ' AND Beginning at the southeast comer of Lot 1, Block 1, BROOKSVILLE CENTER 2ND ADDITION, Scott County Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast comer of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of25.00 feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast comer of Lot 2, Block 1, of said plat; thence westerly along the north line of said Lot 2, a distance of 125 feet to the point of beginning. BE IT FURTHER RESOLVED, the approved conditional use permit is subject to the following conditions: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code, including future amendments to Section 10-3-10, relating to curfews. 2. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity . 3. "NO LOITERING" signs are to be posted in the parking lot in front of the proposed use. 4. This CUP is to be reviewed one year from the date of approval (November 1999). Such review is to include a police report and detail of activities or problems occurring with the use. The review may result in additional conditions being placed on the Conditional Use Permit. 5. The sound system is to be controlled by employees of the game room and located inside the building. 6. The site (leased space) shall be designated as a non-smoking area. r:\council\resoluti\planres\rs9813 7 c.doc Page 2 ,,~ 7. The applicant must obtain all necessary building permits and certificates of occupancy prior to occupying the leased space. ~> 8. The applicant has until one year from the date of adoption of the resolution by the City Council to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A Certificate of Occupancy will not be issued until proof of recording of the resolution has been submitted to the City. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for P.D. Billiards and Arcade. The contents of Planning Case File #98-135 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 16th day of November, 1998. Mader Kedrowski Petersen Schenck Wuellner YES X X X X X NO Mader Kedrowski Petersen Schenck Wuellner {Seal} r:\council\resoluti\planres\rs98137c.doc Page 3 RESOLUTION 98-34PC A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A WALL SIGNS FOR A CONDITIONAL USE (GAME ROOM) ON PROPERTY LOCATED AT 16760 TORONTO AVENUE (PRIORDALE MALL) FOR LARRY ME CHURA D.B.A. P.D. BILLIARDS AND ARCADE WHEREAS, Larry Mechura, D.RA P.D. Billiards and Arcade, has applied for a Conditional Sign Permit as required by Section 7.6 of the Zoning Ordinance in order to permit wall signs for a use requiring a conditional use permit at 16760 Toronto Avenue, legally described in attached Exhibit B, to wit. WHEREAS, the Planning Commission has reviewed the application for conditional sign permit as contained in Case #98-135 and held hearings thereon on November 4, 1998; and WHEREAS, the Planning Commission has considered the effect of the proposed sign upon the property in the surrounding area and the effect of the proposed sign on traffic; and WHEREAS, because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed sign will not danger to the public safety, have a negative impact on surrounding property or traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance; and WHEREAS, the contents of Planning Case 98-135 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void six (6) months from the date of approval if the holder of the sign permit has failed to complete the contemplated improvements. NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota: A conditional sign permit is granted to permit the construction of two wall signs for P.D. Billiards and Arcade as proposed in Exhibit A (sign plan contained in Case file 98-135), attached to and made a part of the resolution. Adopted by the Board of Adjustment on November 4, 1998. J:\98file.s\98,cut)\98-13fues.97 -34.do<; 1 16200 Eagle Lreek Ave. ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ 1:\98files\98cup\98-135\res97 -34.doc 2 'l,'",:: '-, " ~', . . -. - . ~, " '. \ ''" '''~,'''~,i\\~,*qf~~'~''!f'. ! ' III";;::";"~ cC a: 0 en ," p';':.1~i,:tk1'-''l'J,,'''i'''\''~'';';':'<'''}~'': ';"'" , '> ~ " ~ -\t\ ~ lI:' <J II/) ce: O' III " ,~ 1.'t . '''''' '~, '~ ~ '_.~ .~ '. --' ~~ ~ .'-,' "~,': '"," -, , '.....:... , " , I 'I AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A Conduct public hearing to consider a conditional use permit (CUP) for Larry Mechura d.b.a. P.D. Billiards and Arcade (Case #98-135) Larry Mechura 16760 Toronto Avenue, located in the Priordale Mall Jenni Tovar -X-YES NO-N/A November 9,1998 The City received an application for a Conditional Use Permit (CUP) from Larry Mechura on September 28, 1998. This item is a result of Ordinance 96-24 which was adopted on September 16, 1996 permitting Game Rooms in the B-3 General Business District as a conditional use. Staff, the Planning Commission, and City Council supported the ordinance amendment as a conditional use. REVIEW PROCESS: The proposed CUP should be reviewed in accordance with the criteria found in Section 7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a conditional use shall be approved if it is found to meet specific criteria. The criteria are discussed on the following pages. In addition, Ordinance 96-24 states the following conditions must be adhered to: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code relating to curfews. 2. The use shall be located at least 150 feet from the nearest residential structure. 3. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City code. 4. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. SITE ANALYSIS: The proposed use will provide a location for video arcade games, billiards, darts, and a general meeting place for the public. There will be no liquor served and the facility will 16200 rL:\98FIJ,ES\98CU"P\98-13WJ8-13SPC.OOC 1 cagle ueeK EWe. ::>.c., Ynor LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER be non-smoking. Vending and minor retail sales will provide snacks, beverages, and accessories. The proposed site consists of two leased spaces combined into one use within the Priordale Mall. The arcade area is 1,136 square feet and the designated billiard area is 2400 square feet. While the Priordale Mall lot is located only 50 feet from a lot zoned R- 3 Multiple Residential, the leased space for the game room is located approximately 300 feet from the lot line of the property zoned residential. Proposed hours of operation are 11 :00 a.m. to 1 :00 a.m. Monday through Saturday and 12:00 noon to 10:00 p.m. on Sundays. The applicant states checking of identification and curfew will be enforced and no improper behavior will be tolerated. Section 10-3-10 of the City Code (Curfews) states that persons under the age of 16 must be in by 10:00 p.m. and persons between the ages of 16 and 18 must be in by 12:00 midnight. Ordinance 96- 24 states the "Hours of operation shall be consistent with Section 10-3-10 of the City Code relating to curfews." Staff has interpreted this to mean minors under the age of 16 must leave the premises by 10:00 p.m. and minors between the ages of 16 and 18 must leave the premises prior to 12:00 midnight. Should the Planning Commission feel the interpretation is that the business be closed at 10:00 p.m., the conditions should be amended. The proposed signage also requires a conditional sign permit. The proposed signage is two separate wall signs of 20 square feet each. The maximum allowed signage is 20% of the building facade. The building facade of the tenant space is approximately 432 square feet (16' tall by 27' feet long), resulting in total sign permitted of 86 square feet. The proposed signage is consistent with the maximum permitted area. CONDITIONAL USE PERMIT ANALYSIS: Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the staff analysis of compliance with these criteria are set forth below; 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The proposed use is consistent with the conditional use provisions for the B-3 General Business zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). Furthermore, the proposed use is consistent with the conditions for the operation of a game room specified in Ordinance 96-24. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. The proposed use of a supervised game room does not appear to be dangerous, injurious or noxious to other property or other property owners. The leased space within the L:\98FILES\98CUP\98-135\98-135PC.DOC 2 Priordale Mall is not adjacent to residential properties and the proposed hours are consistent with Hooligans Bar/Restaurant located in the mall. Adjacent uses of the Hollywood Inn and Holiday gas station have similar hours. The specific conditions for approval have been met. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The landscape ordinance does not apply. The use is a leased tenant in an existing building. The proposed use is located in the front of Prior dale Mall facing Hwy. 13. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The building is constructed and the use is a leased tenant. The visual impression and environment is consistent with the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. The existing parking and circulation on the site will not change. There is no overall site plan on file for the Priordale Mall. However, the previous uses of this leased space; amongst other types, included a computer printing facility and a wedding shop. The required parking for retail is one parking space for every 200 square feet of use. The required parking for professional/business services is one stall for every 250 square feet of space. The required parking for recreational assembly is 1 stall for each employee on the maximum shift. There is only one employee at the proposed facility, thus only one parking stall is required. Considering the parking for the proposed use is considerably less than the previous uses, no additional parking will be required. 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The current Comprehensive Plan designates the property as Retail Shopping (Community). The proposed use is recreational or commercial. The Comprehensive Plan states primary uses as shopping centers or retail. The sites are designed and located according to size and location. The plan states this designation to be located at arterial and major collector intersections. While the proposed use is not specifically listed as an intended use, it is a result of actions of the City Council to fill an unmet need in the community not anticipated when the Comprehensive Plan was adopted. The performance standards are set forth in Section 7.5(D) and relate to the following factors; . Fire protection . Noise . Electrical disturbance, . Vibrations, L:\98FILES\98CUP\98-135\98-135PC.DOC 3 . Odors . Glare . Water pollution. . Air pollution, . Erosion, The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. CONCLUSION Staff is of the opinion that the proposed use would be appropriate to the proposed location given the recent ordinance amendment to allow game rooms as conditional uses. Staff recommends the Planning Commission recommend approval of the CUP with the conditions specific to ordinance 96-24 such as hours of operation and supervision to be incorporated into the resolution. Resolution 98-34PC approves the Conditional Sign Permit for the proposed use. ALTERNATIVES: 1. Motion and second to recommend the City Council approve the Conditional Use Permit with specific conditions as presented or with changes recommended by the Commission, and approving Resolution 98-34PC approving the Conditional Sign Permit for this use. 2. Continue the public hearing to a date and time certain to allow the developer and/or staff to provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the application based upon consistency of the proposal with specific regulations of the Zoning Ordinances. RECOMMENDATION: Staff recommends Alternative #1, approving the conditional sign permit and recommending the Council approve the CUP with the following conditions: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code, including future amendments to Section 10-3-10, relating to curfews. 2. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 3. The applicant must obtain all necessary building permits and certificates of occupancy prior to occupying the leased space. 4. The applicant has until one year from the date of adoption of the resolution by the City Council to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of Occupancy will not be issued until proof of recording of the resolution has been submitted to the City. L: \9 8FILES\9 8CUP\9 8-13 5\9 8-13 SPC.DOC 4 ACTION REOUIRED: Motion and second to recommend the City Council approve the requested Conditional Use Permit, subject to the above conditions. A motion and second adopting Resolution 98-34PC approving the Conditional Sign Permit is also necessary. L:\98FILES\98CUP\98-135\98-135PC.DOC 5 RESOLUTION 98-34PC A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A WALL SIGNS FOR A CONDITIONAL USE (GAME ROOM) ON PROPERTY LOCATED AT 16760 TORONTO AVENUE (pRIORDALE MALL) FOR LARRY MECHURA D.B.A. P.D. BILLIARDS AND ARCADE WHEREAS, Larry Mechura, D.RA P.D. Billiards and Arcade, has applied for a Conditional Sign Permit as required by Section 7.6 of the Zoning Ordinance in order to permit wall signs for a use requiring a conditional use permit at 16760 Toronto Avenue, legally described in attached Exhibit B, to wit. WHEREAS, the Planning Commission has reviewed the application for conditional sign permit as contained in Case #98-135 and held hearings thereon on November 4, 1998; and WHEREAS, the Planning Commission has considered the effect of the proposed sign upon the property in the surrounding area and the effect of the proposed sign on traffic; and WHEREAS, because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed sign will not danger to the public safety, have a negative impact on surrounding property or traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance; and WHEREAS, the contents of Planning Case 98-135 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void six (6) months from the date of approval if the holder of the sign permit has failed to complete the contemplated improvements. NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota: A conditional sign permit is granted to permit the construction of two wall signs for P.D. Billiards and Arcade as proposed in Exhibit A (sign plan contained in Case file 98-135), attached to and made a part of the resolution. Adopted by the Board of Adjustment on November 4, 1998. J:\98fil.e.s\98,cup\98-13fues97-34.dOl( 1 16200 cagle creeK Ave. ~.E., Prior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER ~ I:\98files\98cup\98- I 35\res97 -34.doc 2 ( ~~ .-- ", ,'. m a~,. 6'~:a~1~~' _ " '~~''''~: 0;' )""" ,l"';:'~ ~"'. ~ :!.:.t;i.?V:~~;ij1,; ~.~., ~. ~ ~. , , ~ \~~11 . ,": :', . ~". 1 , ...~'~;.~'~~,... '. fn a :11)- ." .." ~~,~ ,II , I c. h"",~1OJ\.-.4'''''~'~ '" .,,' \ , o~ ,':' "':,.:,l::{.'-:, "'J '}I ~: ;_:l";~.. ~> :.:."~; -:' I '.; .t.,... ;t~,; .. ,.t.~.~.'" 'I:' .,.... '.- d'., '-..",', " '~:' :.. "T::,.'.'..;:" (..;<'~'>: ,~-' r--'-- I . ,'j ;'JI~I$ :;,~~,.:~" : ~':'.~ ':) ~. , ;".' .: . __ .......:.....4...:.._.-..;.::_.__.... _;~~.~.... !'~'.- . .:.._,'-_ 4:~'~~~"~j,\. " ~ f' .:. :a ~\- fi- " ~ ')- " '1'- .";::/~.:':.:',:~ ,.' . .... ~ _.......'.' .: ".:.'~ -~_.;t':~~~.. .:;.~if,~. .,.~~~: ;~.~:~~:~~: ".: ~ EXHIBIT B SHOPPING CENTER LEGAL DESCRIPTION To be attached to and become a part of that cel'tain lease agreement covering space in the PRIORD^I..~~~..:.l-_L Shopping Centel', That part of Lot I, mock 1, plat of BROOKSVILLE CENTER 1ST ADDITION, Scott County, Minnesota, together with that part of the East one-half of the Southwest Quarter and that part of the West one-half of the Southeast Quarter of Section 2, Township 11~, Range 22, Scott County, Minnesota, described as follows: Commencing at the most Northerly Westerly corner of said Lot I, said corner being on the Southerly right of way line of Trunk Highway No. 1:1; thence North CiS degrees 1\:\ feel ~H inches East along the Northerly line of said Lot I, a distance of 1 ~8.32 feet to the actual point of beginning of the land to be described; thence South 28 degrees tlO feet 18 inches East a distance of lOtl.76 feet; thence North 61 degrees 16 feet 31 inches East a distance of 136.67 feet to its intersection with the Easterly line of said Lot 1; thence South 12 degrees 8 feet 8 inches East along said Easterly line a distance of 4I9,7~ feet; thence south 89 degrees tl5 feet 55 inches East a distance of tl60.00 feet ;lIong the Northerly line of said Lot), to a point distant 850.00 feci West (as mcasured ;It right angles) of the East line of said West one- half of the SouthcasrQuart<:r; t hence North 00 degrees 11\ feet !i inches [':asl parallel with said East line a distance of tl30.00 feet; thence South H!l degrees 1\5 feet 55 inches East a distance of 150.00 feet; thence North 00 degrees 14 feet 5 inches East a distance of 497.9 feet, more or less, to its intersection with the Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly along said South- easterly right of way line to the point or beginning. Together with an easement for roadway purposes over and across a strip of land 25 feet in width, the Easterly line of said strip is described as follows: Commcncing at the l1lost Northerly, Westerly corner of said Lot I, mock 1; thence North 65 degrees tl3 feet 28 inches East along the Northerly line of said Lot I, a distance of 198.32 feet to the actual point of beginning of the line to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet and there terminating. AND Beginning at thc southeast corncr of Lot), Block I, I3I{OOKSVII.LE CENTEI{ 2ND ADDITION, Scotl County Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot I, a distance of 419.74 feet to the northeast corner of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00 feet; thence South 24 degrees 23 minutes 40 seconds East a distance of tl63.22 feet to the northeast corner of Lot 2, Block 1, of said plat; thence westerly along the north line of said Lot 2, a distancc of 125.00 feet to the point of beginning. ; . - ,r~ r--:: ~, r;C1 r-' ,- r. ,'-, ,. 'i\\I~ (C ICe:' ,!\\i/ Ire, I"~ ! :1 f r~:~~'~./ "-~.-.---:?- [",' ".' L; i SEP' 2' 8 looq ; -' CITY OF PRIOR LAKE ORDINANCE NO. 96-24 AN ORDINANCE AMENDING SECTIONS 5-1-7 and 5-3-3 OF PRIOR LAKE CITY CODE AND AMENDING SECTIONS 3.2 and 8.1 OF PRIOR LAKE ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Sections 5-1-7 and 5-3-3 of Prior Lake City Code and Sections 3.2 and 8.1 of Prior Lake Zoning Ordinance 83-6 are hereby amended as follows: Section 5-1-7 of the Prior Lake and Section 3.2 of Prior Lake Zoning Ordinance are amended by adding the following definition: GAME ROOM' An establishment offering various mechanical and electronic games for use by the public for a fee. Such use may also include sale of food items and merchandise, either incidentally or as another principal use in the same building or tenant space, and also some assembly or meeting space. Section 5-3-3 of the Prior Lake City Code and Section 8.1 of the Prior Lake Zoning Ordinance are amended by adding the following to the list of Conditional Uses in the B-3 General Business District: Game room, subject to the following conditions: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code relating to curfews. 2. The use shall be located at least 150 feet from the nearest residential structure. 3. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City code. 4. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 5. Such additional conditions as the City Council may determine appropriate on an existing Conditional Use Permit which may be reviewed and/or amended by the City Council at any time. 16200 E~~~~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this I (,...day of:\. $Jk'IlJUJ;-1996. --/ . ~ ~/~~ ~~~ Mayor e Prior Lake American on the /'7-day of OCIc b-er-- , 1996. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN. 55372 ARCADORD.DOCIKK 2 \..., 10-3-10 10-3-10 10-3-10: CURFEW: .~ { (A) Hours and Age Restrictions: 1. It shall be unlawful for any person under the age of sixteen (16) years to be on or present in any public street, avenue, alley, park or other public place in the City between the hours of ten o'clock (10:00) P.M. and five ~-.... o'clock (5:00) A.M. of the following day, official City time, unless ( accompanied by his/her parent or guardian, or person having laWful custody and control of his Iher person or unless there exists a reasonable necessity therefor, unless gding to or from an adult sponsored activity or in case of an emergency. The fact that said child, unaccompanied by parent, guardian or other person having legal custody is found upon any street, alley or public , place after ten o'clock (10:00) P.M. or before five o'clock (5:00) A.M. of r. the following day, shall be prima facie evidence that said child is unlawfu lIy '- _./ present and that no reasonable excuse exists therefor. (Ord. 75-8, 5-5-75; .- readopted Ord. 72-8, 8-21.72) (B) 2. It shall be unlawful for any person under the age of eighteen (18) years and over the age of fifteen (15) years to loiter, loaf or idle on or about any public street, avenue, alley, park or other public place in the City between the hours of twelve o'clock (12:00) A.M. and five o'clock (5:00) A.M. of the following day, official City time. (1979 Code) . Parents' Responsibility: It shall be unlawful for any parent, guardian or other (; person having the lawful care, custody or control of any person under the age of eighteen ( 18) years to allow or permit such person to violate the provisions of subsections (A)1 and (A)2 hereof. (C) Establishment Owners' Responsibility: It shall be unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, to permit any minor under the age of eighteen (18) years to loiter, loaf or idle in such place after nine o'clock C" (9:00) P.M. It shall be unlawful for any person under the age of eighteen (18) to be within any establishment or in the premises of any establishment having an on sale for intoxicating liquor, club or set-up license after nine o'clock (9:00) P.M.1 ( "'.-/ 1. See Title 3, Chapter 1 of this Code. /- (, \... 10-3-10 10-3-11 C) This Section shall not be construed as permitting the presence at any time of.-. any person under eighteen (18) years in any place where his presence is now prohibited by any existing law or ordinance of the City. Wherever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business shall find persons under the age of eighteen (18) years loitering, loafing or idling in such place of business, he shall immediately order such person to leave, and if such person refuses to leave the said place of business, the operator shall immediately notify the Police Department and inform them of the violation. (D) Arrest Procedure: Any member of the police force is authorized to arrest, with or without a warrant, any person violating the provisions of subsections (A)2, (B), (C) or (D) of this Section, and any child unaccompanied by a parent, guardian or other adult person having the lawful care and custody of said minor child. (Ord. 75-8, 5-5-75; readopted Ord. 72-8, 8-21-72) (E) Violation, Penalty: Any person violating any of the provisions of this Section shall upon conviction be guilty of a misdemeanor and be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days. (1979 Code) 10-3-11: INJURE CITY PROPERTY: (A) The City property referred to herein shall include the following: 1. The City water tower, 2. All City buildings, 3. All other City equipment or structures (inCluding motor equipment and/or park structures). (Ord. 71-16, 9-13-71) (B) It shall be unlawful for anyone to climb or scale or go upon City property unless duly authorized by the City and it shall be unlawful for anyone to tamper with or open any fire hydrant unless duly authorized by the City, and anyone so opening a fire hydrant shall make restitution for the value of any water lost or used as the result of said opening in addition to the penalties provided herein. (Ord. 72-1, 2-14-72; readopted Ord. 72-8,8-21-72) (C) Anyone who violates this Section shall be guilty of a misdemeanor and be fined not to exceed five hundred dollars ($500.00) or imprisoned not more than ninety (90) days. (Ord. 71-16, 9-13-71; readopted Ord. 72-8, 8-21-72; amd. 1979 Code) 'I. .. Lawrence C. Mechura 16587 Five Hawks Ave S.E. Prior Lake, MN 55372 City of Prior Lake BuildingsIP1ans Examiner 16200 Eagle Creek Ave S.E. Prior Lake, MN 55372 To whom this may concern: My long term goal of the P.O. Billiards and Arcade is to establish a family entertainment center. Where as people could meet and play video games, billiards, and darts. This would be established as a dry bar, non-smoking atmosphere. Vending, soda, and fruit drinks would be available along with vending snacks and candy machines. As a single parent or four grown children, three in colleges and one in at the Prior Lake High School. I have seen the need for a good, clean, wholesome fun and entertainment. In Prior Lake, this would give everyone in the family a chance to participate, also a place for young adults to go. The time periods and curfew will be totally supervised under the guidelines of the city ordience. The opening time of operation would be from 11 :00 a.m. to 1 :00 a.m., Monday thru Saturday. Sunday's 12:00 noon to 10:00 p.m. Checking of identification for age and curfew will be inforced. Zero tolerance for improper behavior and language. I myself will be working on location, (which is my income). In about 6-8 months, a possibility of hiring part-time help on weekends and in the summer. A women's and men's rest room will be constructed by landlord at the recommendations of the City of Prior Lake Plans Examiner. Thank You. Sincerely, J:C Mre~ura ~ P.O. ~d Billel Prior Lake, MN 55372 Phone:447-2168 ~~'O ~~ '\- r$ /' / '.,,~/ '<> ',,'.~ \', l "- /\ ,// ,// / '1- .-- -- To he utlueheu \0 ,0,,1 hecome I' pur' of Ihu\ ccrluio leu"e u~reel"elll coverill~ "pUce III the ll~^l.l. Sl \ (, C l ________ _-.-------- __----------. ,01'P II. ell cr. SllOI'I'lNG CENTER srn: PLAN \ ...... I ,,,,. :\. h L '. \ \~ ~ 1 '- k: <::::.i ~ 0..::... I' F'.l'r : - . ----------- '. -.----..------- . u: ) '. , . , u. . . , > I .., }l\ J 1\ 1l \ ;:1 L; --- : lt~~ h [1 l:l ~~ . . . .,.. ~ . . . . . . . . ' ' ' . . .' ' . . . - - -- .3~-[~~~\. ~~~&~~ o 0'- ..-.--------- NOT TO SCALE ---- rl --- ........ I""" - .1_- Vt:NPIU4 "'" ... . ... _:~C3 0 D CJ] DO. DDD; .~ . -': t+-t+'MA~ 4J+t+-I--W J I .~ :.7 '9 ,7( ~'~l \ Z--> ~ ~----- ~ -Y c ,.-, cr 'f> --< /"-. .' '" .//~ \ / AV\ '-~ ~ / v.\ [)"",~ ~'1 '\ /'/ (~ \" ~I>(i " - Q,., :1 fl.P-vY G-)V St/J < 8fBBa '"..~ ...." I .^"-.... .i ...., . ',--- ;"./ c.".V ~ \\\",,-}l .:\ \.... / vi'/> ' \~' \V\ /~~ /~\) ! ~~ I / \)\} / / / / oJA. t-.~ // \1 ~IJ! / }- r'~\ // f^lj.'r V: / P tt,e' Ki ~ ;:Jt ;fw y /3 st-'Y 'L 'j \ \~w ~\\~ G ~ y \~ \ .0 '\ 9p4., \ '~ \ fJVT~~ ~ 1// .; ", Sfp < 91fi&u L S i ,)~ /Y) tt ~ t (1 uJ t.-.~ Ilr EP1)1~ PLANNING COMMISSION MINUTES NOVEMBER 9, 1998 1. Call to Order: The November 9, 1998, Planning Commission meeting was called to order by Chairman Stamson at 6:35 p.m. Those present were Commissioners Cramer, Kuykendall, Stamson and Vonhof, Planning Director Don Rye, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Kuykendall Criego Cramer Stamson Absent* Present Absent Present Present *Commissioner V onhof arrived at 6:36 p.m. 3. Approval of Minutes: The Minutes from the October 27, 1998 Planning Commission meeting were approved as presented. 4. Public Hearings: "=d / A. Case File #98-135 Larry Mechura d/b/a P.D. Arcade and Billiards is requesting a conditional use permit to operate an arcade with billiards in the B-3 District (Priordale Mall.) Planner Jenni Tovar presented the Planning Report dated November 9, 1998 on file in the office of the City Planner. The City received an application for a Conditional Use Permit (CUP) from Larry Mechura on September 28, 1998. This item is a result of Ordinance 96-24 which was adopted on September 16, 1996 permitting Game Rooms in the B-3 General Business District as a conditional use. Staff, the Planning Commission, and City Council supported the ordinance amendment as a conditional use. Staff is of the opinion the proposed use would be appropriate to the location given the recent ordinance amendment to allow game rooms as conditional uses. Staff recommends the Planning Commission approve the CUP with the conditions specific to ordinance 96-24 such as hours of operation and supervision to be incorporated into the resolution. Resolution 98-34PC approves the Conditional Sign Permit for the proposed use. 1:\98fi1es\98plcomm\pcmin\mnl10998.doc Questions by Commissioners: Cramer questioned staff on the conditional use permit being transferable if the business is sold to another owner. Tovar explained a Conditional Use Permit runs with the property not the owner and went on to explain expansion and uses. Kuykendall questioned staff on what is to prevent future applicants from applying for a liquor license. Are there are restrictions in the Conditional Use Permit for future use? Tovar said the Commissioners could make it a condition and gave a brief overview of the permitted uses in the zoning ordinance. Comments from the Public: Larry Mechura, 16587 Five Hawks Avenue, sees a need like this for the youth of Prior Lake. He is basically targeting the 18 to 21 year olds, but would like to pick up younger kids as well. The curfew will be enforced. He feels the time factor of closing at 1 :00 a.m. would work well. He does not want clientele leaving the bars to come in to this establishment. Comments from the Commissioners: V onhof: . Agreed with applicant, it is a good idea for the younger people to congregate. . Questioned the sound system in the building. Mr. Mechura responded AAA Vending will be handling the system. He could have a juke box or a system with just speakers. They do not want to create a large area for dancing, the music will just be on the billiard side. The volume will be controlled behind the bar. . The parking lot should be posted with "No Loitering" signs. There would have to be control and should be a condition of the permit. . Another condition would be to come back at the end of the year, before the Commission, with a report from the police department to see if there are any issues to look at. Kuykendall: . Agreed the renewed annual Condition Use Permit is appropriate. . Question to staff - What is the position of the property owner? The property owner is not present and should be aware of the conditions. Tovar explained Mr. Mechura is working with the property owner and the conditions must be met to get the permit. . How will the nearby patrons be controlled who might bring in liquor? Mechura stated no liquor or smoking will be allowed. He will also be installing new bathrooms within the facility. A gate will be put up in the mall preventing other mall patrons from entering. . Listing no mall traffic during evening hours should be a condition. . Feels ''No Smoking" should be one of the conditions. . Mechura is aiming at Christmas or after the first of the year for opening. 1:\98files\98plcomm\pcmin\mnl10998.doc 2 . Mechura explained the mall entry and arcade access. . Tovar clarified "adult over the age 21" and "adult". Cramer: . Main issue was reviewing CUP after one year with a police report. . Supportive of application. There is definitely a need in this area. . Restrict smoking. . Fantastic addition to the area. Stamson: . Feels comfortable with the application. Applicant has really thought out what he is doing and has taken pro-active steps for most of the Commissioner's concerns. . Agreed with V onhof on loitering. . Other concerns have been addressed. . Support reviewing the application in a year. . Disagreed with Commissioners on the traffic flow inside the mall. That should be up to the property owner and applicant. The City cannot control traffic in private property. . Support applicant's position to make the facility non-smoking but making it a condition is not part of land use and not part of our realm of setting rules. The public hearing was closed at 7:00 p.m. Open discussion: Kuykendall: . No Smoking Rules - does not see it any different than uses on the lake. For example regulating the type of food that could be served at the marina. . Not uncommon to be specific on the conditions. . Weare encouraging and attracting youth. Stamson: . Over limiting on our part. V onhof: . Agreed with Kuykendall. Although this applicant agrees there should be no smoking, the next applicant may not. Anyone under age 18 cannot smoke. Stamson: . Agreed, the target is youth, and strongly agree there should not be smoking, but this is not a land use issue. Weare micro managing inappropriately as a land use planning commIssIon. Rye said he could make both arguments equally well. There are regulations to protect public health, safety and welfare. The question is, how far do you want to take that 1:\98fi1es\98plcomm\pcmin\nml10998.doc 3 concept in establishing regulations for a particular land use? On the other hand there is an ordinance (State Law) stating people under 18 cannot smoke. It is really a judgment call on the part of the Commission. Kuykendall's concern is the relative location to Hooligan's and if certain controls are not in place there could be problems. There is potential for problems in an establishment like this where kids are under age. Anything to encourage a healthy environment would be positive. Commend the applicant. The Commission has the opportunity to come back. V onhof felt in this particular business the management is critical. This does tend to become a land use issue in terms of what happens with the clientele, what type of clientele and who comes to this business. What kind of atmosphere? One full of smoke has a different atmosphere and is not for juveniles. For this to be a success over time it is important the right message should be given out. Kuykendall is sensitive to the potential impact on the degradation of the neighborhood. We have to set a visual image from the street that this is a positive environment for juveniles. As leaders of the community we should do the best we can for the youth. It is how we position this in the eyes ofthe community. Set high standards. Cramer stated he supports a non-smoking condition. It will go a long way in preventing people from Hooligan's from coming over to play pool. As far as controlling the access to the mall after it closes, it is up to the property owner. Kuykendall said to be aware of the decibel level. It is a sensitive issue. The right steps have been taken by the applicant to control. After discussion the Commissioners added the following conditions to the conditions listed in the staff report: . "No loitering" signs posted in the parking lot. . Review the Conditional Use Permit after one year with a police report of activities. . The sound be controlled and located inside the building. . The use will be non-smoking. Neil Boderman, owner of the Priordale Mall, explained there is a mall bathroom. The applicant is planning to add an additional bathroom within the facility. Mr. Boderman explained the gate access. MOTION BY KUYKENDALL, SECOND BY VONHOF, RECOMMENDING CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: 1. The hours of operation shall be consistent with Section 10-3-10 of the City Code, including future amendments to Section 10-3-10, relating to curfews. 1:\98fi1es\98p1comm\pcmin\nmll0998.doc 4 2. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 3. "NO LOITERING" signs are to be posted in the parking lot in front of the proposed use. 4. This CUP is to be reviewed one year from the date of approval (November 1999). Such review is to include a police report and detail of activities or problems occurring with the use. 5. The sound system is to be controlled by employees of the game room and located inside the building. 6. The site (leased space) shall be designated as a non-smoking area. 7. The applicant must obtain all necessary building permits and certificates of occupancy prior to occupying the leased space. 8. The applicant has until one year from the date of adoption ofthe resolution by the City Council to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of Occupancy will not be issued until proof of recording of the resolution has been submitted to the City. Kuykendall explained to the property owner, Neil Boderman the concern for "No Loitering" signs in the parking lot. Mr. Boderman said he had no problem with that condition. Stamson said he does not support the "No Smoking" amendment and felt they were overstepping their role as a planning commission. Vote taken signified ayes by all. MOTION CARRIED. MOTION BY KUYKENDALL, SECOND BY CRAMER, APPROVING RESOLUTION 98-34PC GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A WALL SIGN FOR A CONDITIONAL USE (GAME ROOM) ON PROPERTY LOCATED AT 16760 TORONTO AVENUE (pRIORDALE MALL) FOR LARRY MECHURA D.B.A. P.D. BILLIARDS AND ARCADE Vote taken signified ayes by all. MOTION CARRIED. This matter will be heard before City Council on November 16, 1998. 5. Old Business: A. Case File #98-108 Eagle Creek Villas requesting a height variance for Creekside Estates, Assisted Living Facility located at the intersection of Five Hawks Avenue and Priorwood Street. The Planning Department received a variance application from Eagle Creek Villas, to permit the height of a proposed assisted residential living facility to exceed 35 feet. The 1:\98fi1es\98plcomm\pcmin\nmll0998.doc 5 / ,) LARRY C. MECHURA .....111... 188 118 OIl 16587 FIVE HAWKS AVE., SE ~ PRIOR LAKE, MN 55372 75;;~142 5 6 0 1 259392801 DATE tf -;tJ -rz y ~'-~'-~""~'(J"" $..~~. ~-' - ~ DOLLARS m =~ .""..:'; ,f{.. ~). fIRST S~B~CASTLE R~ ~.4. . CASTLE ROCK. MNORPOR"~~GTON. MN - 56010 56024 MEMO ~~ fJ~ , M' . the sum of . for the purpose of CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, (612) 447-4245 RECEIPT # 33720 DATE: 1/PJj9J' dollars $ 350DO BUILDING PERMIT # BUILDING PERMIT # 1,200.00 700.00 1,500.00 Building Permit Fee Plan Check Fee State Surcharge Park Support Fee SAC Plmb Pmt pp# Mech Pmt mc# Mech Pmt mc# Swr/Wtr Pmt sw# Pressure Reducer Water Meter Tree Preservation Deposit Swr/Wtr Connection Fee Water Tower Fee Builder's Deposit Other Total Building Permit Fee Plan Check Fee State Surcharge Plmb Pmt pp# Mech Pmt mc# (Heating only - $65.00) (Htg & Air - $100.00) (Fireplace - $40.00) (Air - $40.00) Swr/Wtr Pmt sw # Other Total ) t EXHllllT F SIGN APPROVAL To be nltnched 10 nlld hecome n pnrl or lhnl cerlnln tense ngl-cClIlcnl covcring spnec In lhc Priordale Mall Shopping Cenlcr. Installation of signs must be done by a licensed sign company. We hnve arranged wi.th Vnlley Si.gn Co. for discounted pr~cing Clnd instClllCltiol of letters. 'I'hey Clre [am1l1nr with our !ltyle anu color. The following procedures must be followed in order to place a sign on . the mall sign band. 1. Color is restricted to dark blue. Size of letters can be 11\" or 10" high Clnd 1/0" in thickness. valley.sign Co.- will..have-these letters in stock. 2. Each tenant space is assigned a location on the sign band, approximately 12.5 ft. in length, 31" high. All signs must fit within this space. 3. A scale drawing .showing.the size and distribution of letters within the Clssigned space must be submitted to the mall manager for approval. 11. l\. 5ign permit mU!lt be purchCl!led from the City of Prior Lake. 5. New signs must be installed by a licensed sign contractor. SEJ? 2 B I'"'." ......,_.._~ _ ..... ._0' ...~.'..J~..:........ _..__.._...._ EXHIBIT B SHOPPING CENTER LEGAL DESCRIPTION To be attached to and become a part of that certain lease agreement covering space in the PRIORDl\LE Ml\L_L Shopping Cenlel". That part of Lot I, l3lock I, plat of BROOKSVILLE CENTER 1ST ADDITION, Scott County, Minnesota, together with that part of the East one-half of the Southwest Quarter and that part of the West one-half of the Southeast Quarter of Section 2, Township IItl, Range 22, Scott County, Minnesota, described as follows: Commencing at the most Northerly Weslcrly corner of said 1.01 I, said cOrllcr bcing on the Southerly right of way linc of Trunk llighway No. 1:1; Ihcnce Norlh (is degrees '1:1 fed 2H inches East along the Northerly line of said Lot I, a distance of I ~8.32 feet to the aclual point of beginning of the land 10 be described; thence South 28 degrees tlO feet 18 inches East a dislance of I Otl. 76 feet; thence North 61 degrees 16 feet 31 inches East a distance of 136.67 feet to its intersection with the Easterly line of said Lot 1; thence South 12 degrees 8 feet 8 inches East along said Easterly line a distance of tl 19.7 tl feet; thence south 89 degrees tl5 fcet 55 inchcs East a distance of tlGO.OO feel along the Northerly line of said Lot I, to a point distant 850.00 feel Wesl (as measured at right angles) of Ihe East line of said West one- haH of the SoutheasrQuilr!cr; thence North 00 degrees 1'1 feel!) inches East par;lllel with said East linc a distance of <130.00 feet; thcnce Soulh H!J degrees <15 feel 55 inches East a dislance of 150.00 feet; thence North 00 degrees 14 feet 5 inches East a distance of 497.9 feet, more or less, to its intersection with the Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly along said South- easterly right of way line to the point of beginning. Together with an casement for roadway purposes over and across a strip of land 25 fcet in width, the Easterly line of said strip is describcd as follows: Commencing althe most Norlherly, Westerly corner of said Lot I, l3lock 1; thence North 65 degrees 43 feet 28 inchcs East along Ihe Northerly line of said Lot I, a distance of 198.32 feet to the actual point of beginning of the line to be described; thence South 28 degrees 40 feet 18 inches East a distance of 10tl.76 leet and there terminating. AND Beginning at the southeast corner 01 Lot I, Block I, BI{OOKSVILLE CENTI]{ 2ND ADDITION, Scoll County Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot I, a distance of tl 19.74 feet to the northeast corner 01 said Lot 1; thence North G 1 degrees 1 G minutes 31 seconds East a distance of 25.00 feet; thence South 2tl degrees 23 minutes tlO seconds East a distance of tl63.22 feet to the northeast corner of Lot 2, Block I, of said plat; thence westerly along the north line of said Lot 2, a distance 01 125.00 leet to the point 01 beginning. j ~ /l'l~ ?{'w7- OJ-/~ ~ '.::---" '5 "" r:2 0'0 \3 I."'...~ \\D\r~~' ~\\'\ '~~ SEP L 9\998 \W SOOf f1 ~ REVISED DATE NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday. November 9. 1998. at 6:30 D.m. or as soon thereafter as possible. APPLICANT: Larry Mechura d.b.a. P.O. Arcade and Billiards SUBJECT SITE: 16760 Toronto Avenue This property is located at the Priordale Mall. LEGAL DESCRIPTION: That part of Lot 1, Block 1, plat ofBROOKSVILLE CENTER 1ST ADDITION, Scott County, Minnesota, together with that part ofthe East one-half of the Southwest Quarter and that part of the West one-half of the Southeast quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the most Northerly Westerly corner of said Lot 1, said corner being on the Southerly right-of-way line of Trunk Highway No. 13; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the land to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet; thence North 61 degrees 16 feet 31 inches East a distance of 136.67 feet to its intersection with the Easterly line of said Lot 1; thence South 12 degrees 8 feet 8 inches East along said Easterly line a distance of 419.74 feet; thence south 89 degrees 45 feet 55 inches East a distance of 460.00 feet along the Northerly line of said Lot 1, to a point distant 850.00 feet West (as measured at right angles) of the East line of said West one-half of the Southeast Quarter; thence North 00 degrees 14 feet 5 inches East parallel with said East line a distance of 430.00 feet; thence South 89 degrees 45 feet 55 inches East a distance of 150.00 feet; thence North 00 degrees 14 feet 5 inches East a distance of 497.9 feet, more or less, to its intersection with the Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly along said Southeasterly right of way line to the point of beginning. Together with an easement for roadway purposes over and across a strip of land 25 feet in width, the Easterly line of said strip is described as follows: Commencing at the most Northerly, Westerly corner of said Lot 1, Block 1; thence North 65 degrees 43 feet 28 inches East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point of beginning of the line to be described; thence South 28 degrees 40 feet 18 inches East a distance of 104.76 feet and there terminating. AND 16200 E~~PJi'C~~ge'kC~v~~5.~;9P~i~~lfa~~~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Beginning at the southeast comer of Lot 1, Block 1, BROOKSVILLE CENTER 2ND ADDITION, Scott County Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast comer of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of25.00 feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast comer of Lot 2, Block 1, of said plat; thence westerly along the north line of said Lot 2, a distance of 125 feet to the point of beginning. REQUEST: The applicant is proposing to operate an arcade with billiards (defined as GAME ROOM in the ordinance). The Prior Lake Zoning Ordinance requires a conditional use permit for game rooms in the B-3 (General Business) district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jenni Tovar, Planner City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON OCTOBER 24,1998. 1:\98files\98cup\98-135\98135pn.doc AFFIDAVIT OF SERVICE BY MAIL COUNn'OF SCOTT ) )ss STATB<OFMINNESOTA) 1J.M,o-il of the CityofJ>riorLake COUDtyof Scot4State of Minnesota,beingd yswom,sayson theZ:tt--dayof ()~ . .1998, she served the..aUachlist of persons to have. an interest in the ~ &f~ '( ~ ~f , . bYlllailing to them a copy thereof: enclos . in an envelope, postage prep a, and be depositingsam.e in the postiofficeat Prior LaketMinnesota,.the last known address of the parties. Subscribed and sworn to be this day of .1998. NOTARY PUBLIC MAILAPPD.DOC PAGB AFFIDAVIT OF SERVICE BY MAI~ COUNTY OF SCOTT. ,) )ss STATE OF MINNESOTA) ~ of the City of Prior Lake, County of Scott, State of Minnesota, ing duly, sworn, says onthe -.J~. day of 1998, she served theattached~~ers~ve an interest in the i!jjJ)' ......./" '., '.. .'. ' , by mailing 0 . acopythereot: enclosed in an envelope, . postage prepaid, and be depositingsame in the post office at Prior Lake, Minnesota, the last known address .of the parties. Subscribed and, sworn to be this day of , 1998. NOTARY PUBLIC i'>4....i.~.' f MAJLAPlII).OOC PAGB S //2 SEC. 2 r: //4 R. 22 I -10).- !o'-l-D I ~AL CRAH ,YNOO ia842 .'4.' &20a !! t ')0 $l. )~"\E."'i " " .,:/1".:: I ,~ . .. ,0 . . .. ~. '" D"11 J'\ "AltS '15<j02.- .:.leV WlOIl!" 0< ~ I~a)' LOREN GROSS 11063) N N .. % ]g.1,A'" .- / o . ~ Go = 0% 0 00 - aU i .. 0 ~ .. CUlT. .noz It o ~3-o "'- D' g!~i i ~i e i z,..a, ~~ .. ~ .. :;; . 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IE-< Z~E-<CJZ ICIlil: :lE:OCll :lE: I E-< HHr>1 1r>1~OIr>1~Z...:lr>1 1:';...:l\D:.;p.,H(!):'; '<~l"l< :lE:<< I...:lO ...:l~Clrz1...:l I ><: 0< I~r-O~ o~ 10r-a:l0>t>toO IH\D HE-<E-<C\lH I~\DO~HH\D~ 1p.,.-Ip.,p.,CJCJ.-Ip., I :~ I 101 Ir- I\D 10 .-I o o o CJ ~ U'l U'l 01 o .-I o o I I I , I I I I I , I I I I I I I I I I I I I I I I o r>1 ~ H ~ p., CIl Cl ~ o CJ r>1 ~ .-I .-I ,~. <'ftJ~~~~~ ~'.Co~ Wl- qrtp fDv'b Cfifi ~tf-L;~ . - -':,- .....''-.:.. -j, v -r---T <:) j ; ~! ( ,,,' r: //- . ~b6 \~ /// o ...s> c- ' . ..S) "'.~ :f. ~ PRIOR WEST LIMITED PARTNERSHIP , /~ +, 235606 -./ ~ ~ ,..: .1' /1l oS) It) j.--- 263689 3 J .1 . <"C) \ Q;), .$ f-,.. ~. N. BORKA I 1 . ,... 0- ..... ...sa . . . , , , --.. 700.00 ,-- . . .4.12.50 .y. I i.;. '" 1929.70 ',,1" . ~- I \. :i;t1~, '... ~. -/:;. TOWER ~ .~_.~lV' I :. HILL APARTMENT EAST "'~ ." :'^,<.<;.- :5 t~ \?J . .2 r, ""C' ., !'. ~> .-' .. .... :"tit-, -'935~3~ - 'T~: .1' .. i'1ft' I i:f:~~';::; .~t:}~!~~ '" ...../..../ .C1 . ~ ?5 (1~ ~) ~.( ~ . POND 14 15 16 ,,9(,& 4.88: HJl,(...(.R~5T SrR. (p~ 71 "8&3 2 23 22. \II ~4 ~ Jt:-- I "..,,,,,_',J...A'.. ,.....".!;o.~"".....r,..,..., _, C....-.....~ ;"~"C" . April 4, 2000 PD Billiards & Arcade Attn: Larry Mechura 16760 Toronto Avenue SE Prior Lake, MN 55372 RE: Termination of CUP Dear Larry, Enclosed please find an Assent Form, as drafted by the City Attorney. The form confirms your desire to terminate your CUP and holds the City harmless from any actions or consequences resulting of your request to terminate your CUP. Please complete the form and submit to the Planning Department when signed and notarized by appropriate persons requested. This is the last step to terminating your CUP. If you have any questions, I can be reached at (612) 447-9813. Sincerely, -1 ..JC1JC~ r\ \ it? /l~1 ,1 { \... .:.~/ti-/ i ' / V ' , Jefmi Tovar Planner Enclosure 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 q ~CAJPI 'g....'3 5}ICfiJ1.f'hec.:k AN EQUAL OPPORTUNITY EMPLOYER . ' APPLICATION FOR TERMINATION OF CONDITIONAL USE PERMIT TO THE CITY OF PRIOR LAKE: Corporate/PartnershiplLimited Liability Companv Form: A. Name of Applicant: Principal Place of Business Individual Owner Form: A. Name of Applicant: Address of Applicant: Complete for All Applications: B. Legal Description of land situated in the City of Prior Lake, County of Scott: [Continue on Attachment if necessary.] C. The undersigned her~by represents and warrants to the City of Prior Lake, Minnesota that the following are the names and addresses of all persons, parties or entities that have or claim any right, title, estate, lien or interest in the above described land: Name Address Nature of Claim/Interest DN: 84823 , ' D, The undersigned Applicant requests that the conditional use permit be terminated because: o The conditional use permit is no longer required under the City of Prior Lake Zoning Ordinance. o The land above described is a Planned Unit Development and therefore the conditional use permit is not necessary, o The undersigned Applicant(s) hereby agree(s) to indemnify, defend and hold the City of Prior Lake harmless from any claims or actions of any nature arising from the termination of the conditional use permit. Please note that it is the obligation of the Applicant to obtain Assents in the form attached from all persons, parties or entities in interest. This includes assents from Lenders who hold a mortgagee's interest in the land. If the land above described is torrens land and the use removed at your request is reflected on the certificate of title covering the land, the City takes no responsibility for removal of such statements from your certificate of title. The City of Prior Lake by granting your request for removal of a conditional use permit or other use in the land above described does not have any obligation to record documents on your behalf. Dated this _ day of ,20_, CORPORATE APPLICANT: INDIVIDUAL APPLICANT: Name of Applicant By Its DN: 84823 , . ASSENT OF MORTGAGEE, OCCUPANT OR OTHER PARTIES IN INTEREST I hereby assent to the removal of the conditional use permit or the as requested by , Applicant. CORPORATE APPLICANT: INDIVIDUAL APPLICANT: Name of Applicant By Its CORPORATE/PARTNERSIDP/LIMITED LIABILITY COMPANY ACKNOWLEDEMENT STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of 20_, by , the Of , a Minnesota , on behalf of said PLACE NOTARY STAMP/SEAL BELOW Notary Public My commission expires INDIVIDUAL APPLICANT(S) ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this _ day of 20_, by and , (a single person) (husband and wife). PLACE NOTARY STAMP/SEAL BELOW Notary Public My commission expires ON: 84835 ./ N '~/d Iv 51, P t.,lfcf/ ()O 9~ ~-J3>S CUF em.orandmn To: Suesan Lea Pace, City Attorney CC: Don ~ye, Planning Direct~ From:Jennl Tovar, Planner 0 CD\ Date: 03/24/00 Re: CUP Assent Form We have a situation where a business operator has requested to terminate his CUP, as the use is now permitted with conditions. The new Zoning Ordinance requires the rty owner to sign an assent form provided by the City. Attached is the section ordinance relating to the form. We would appreciate it if you could draft the rm. This language stems from the St Louis Park ordinance; you may ve on one file. Thanks for your help [. 1 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE. S.E. PRIOR LAKE,MN 55372 RE: P D BILLIARDS & ARCADE 16760 TORONTO AVE S.E. PRIOR LAKE MN. 55372 Conditional use pannit (98-135 p.d. BilUards & Arcade ). Larry Mechura dba PO l:illiards & Arcade,VlOUId Hke to requestterminalion eX alI1ditional use permit. UncJeri the glidelines eX the new zoning ordnance1108.303. Thank you. Larry c. Mechura Dba P o BiIH.ms& Arcade .~ ~~~DC~ PriordaIe Mall Investors ~_i';5 ~ >;::-- ---~ . .~ , , ,I ;< c~ I \ ~~~ Zoning Ordinance 1108.303 Certain Conditional Permits Continued. land uses permitted by Conditional Use Permits under provisions of the previous Zoning Ordinance are either permitted, permitted with conditions, conditional uses or non-conforming uses under the provisions of this Ordinance. This subsection establishes the status of Conditional Use Permits approved under the previous ordinance based upon the 4 categories described below and sets forth procedures for the termination and, in some cases, conversion of Conditional Use Permits. (1) Conditional Use Permit Uses Now Permitted. Conditional Use Permits issued for land uses which, under the current Ordinance, are now permitted uses in the Use District in which the property is located are hereby continued in full force and effect. The owner of property subject to a Continued Conditional Use Permit may request termination of the Conditional Use Permit by providing the City with a letter requesting termination. Upon receipt of a letter requesting termination, the City shall issue a written termination to the applicant which shall be recorded on the title to the property by the City. The owner of the property shall sign an assent form provided by the City wherein the owner agrees to indemnify and hold harmless the City for any actions or consequences arising from termination of the Conditional Use Permit. Upon termination of the Conditional Use Permit, the land use shall be governed by the regulations of this Ordinance, and other applicable ordinances. Once a Conditional Use Permit is declared terminated, it ~-(2) ~:;I::O:ea~~:~::~it Uses Now Permitted W~h Conditions. Conditional Use Permits issued for land uses which, under the current Ordinance, are now . uses permitted with condtlions in the Use District in which the property is located are hereby continued in full force and effect. The owner of property subject to a Continued Conditional Use Permit may request termination of the Conditional Use Permit by providing the City with a letter requesting termination. Upon receipt of a letter requesting termination, the City shall issue a written termination to the applicant which shall be recorded on the title to the property by the City. The owner of the property shall sign an assent form provided by the City wherein tlle owner aqrees to indemnify and. hold harmless the City fnr ~ny ~r.tinn~ or conse uences arising from termination of the Co .. .. Upon termination of t e on I lonal Use Permit, the land use shall be governed by the regulations of this Ordinance, and other applicable ordinances. Once a Conditional Use Permit is declared terminated, it may not be reinstated. (3) Conditional Use Permit Uses Now Conditional Uses. Conditional Use Permits issued for land uses which, under the current Ordinance, are conditional uses in the Use District in which the property is located, are hereby continued in full force and effect. The holder of a Continued Conditional Use Permit may request the City to verify compliance of the property with the terms and conditions of the Continued Conditional Use Permit. A holder of a Conditional Use Permit requesting such verification shall submit such plans and other documentation necessary to demonstrate to the Zoning Administrator that the property complies with the terms and conditions of the Continued Conditional Use Permit. Upon a satisfactory demonstration of compliance with the conditions of the Continued Conditional Use Permit, the Zoning Administrator shall issue a C~rtificate of Zoning Compliance stating that the property complies with the terms and conditions of the Continued Conditional Use Permit. The City of Prior Lake May 1, 1999 l108/p9 1102.1203 Zoning Ordinance c. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all property lines which abut property in an "R" Use District. (18) Shopping Center. Conditions: a. The shopping center development shall not exceed 275,000 square feet of gross floor area. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. A bufferyard, as determined by subsection 1107.2003, shall be provided along all lot lines abutting property in an "R" Use District. d. All buildings and structures shall be set back a minimum of 75 feet from any abutting property in an "R" Use District. (19) Game Rooms. Conditions: (. a. The hours of operation shall be consistent with subsection 803.1000 of the City Code relating to curfews. b. The use shall be located at least 150 feet from the nearest residential structure. c. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City Code. d. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. Uses Permitted By Conditional Use Permit. No structure or land in a "C-4" General Business Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Commercial Performance Standards of subsection 1102.1300, the requirements of all the general conditions provided in subsections 1108.202 through 1108.204, with the specific conditions imposed in this subsection and with any other conditions the City Council may impose. . May 1. 1999 City of Prior Lake l102/p86 FILE COpy MEMORANDUM FROM: RE: November 23, 1998 Bill O'Rourke, Police Chief ~ (;,...(.} Zo((~. So...-~ Steve Schmidt, Lieutenant Jenni Tovar, Planner J/or- Billiard/Arcade at Prirodale Mall Attached is the resolution from the City Council approving such a use. Proposed hours of operation are M-S 11 :00 a.m. -1 :00 a.m. and Sundays 12:00 noon to 10:00 p.m. There must be an adult over the age of 21 acting in a supervisory capacity and curfew will be enforced by the operator. There is no liquor license associated with the use and there is to be no smoking in the game room. Please let Jane, Don or myself know if you our your staff have any questions. DATE: TO: L:\98 FILES\98CUP\98-135\MEMO. DOC FilE COpy November 19,1998 Larry Mechura 16587 Five Hawks Avenue Prior Lake, MN 55372 RE: Recording of Approved Conditional Use Permit Resolution Dear Mr. Mechura: Enclosed are two certified .copies of Resolution 98-137 approving the conditional use permit for the P.O. Billiards and Arcade. Also enclosed is a copy of each resolution for your files. A certified copy of the resolution must be recorded at the Scott County Recorder's office prior to a Certificate of Occupancy being approved. The second certified copy must be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. If you prefer, you can record the resolution prior to the issuance of the building permit. Approval of the resolution and the conditional use permit is good for one year following the date of approval. Failure to complete the improvements within this time period will also render the approvals null and void. If you have any questions about this matter, please contact me at 447-4230. Sincerely, j (L..~'. ~ dwa,0 L;!:~V;:: Planner Enclosure cc: Neil Boderman 16200 ...I:\98fi1e~98C\lP\98-13~r~dlet.d.oc cagle creeK Ave. ;:'.t:.., PrIor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~'~'_....._ ~,_~~,~ ......;_.~ ~ . ~~.~'"l:~,..""~ ~~"',_ -<..~ ~._~'"'''''l''' ,.. Y". ..~.:';'I"f,..<~1!'"'V'F~..';' ,~_""'''f'''" .~ ~- :\>>...,-,~.....,!:,"",:"_--.""",:",...",,..-:- "'~'.r~;'\('~'I'. :--.,... ...., ... .""f"f'U,Ol'MI'~..~,/iir.,.__~./, ~"'F:,-'" - Th. C.nl.. or tho Lak< Counlry White - Building Canary - Engineering Pink - Planning BUILDING PERMIT APPLICATION DEPARTMENT CHECKLIST NAME OF APPLICANT APPLICATION RECEIVED L ((. 1.t,,'1 I /1/'Cii7Jy- / " I ,t._ ( cf\ , r (....' - 1 / ~'Y r I'~..{p ~-i f'. /).~ &r /L-v,--tL The Building, Engineering, and Planning Departments have reviewed the building permit application for construction activity which is proposed at: l{p 7 (;., 0 1(j ( :j)j~ Au-e..- Accepted ~ Denied rt7 j · .... Reviewed By: & ~< ~ (I Comments: ) rre:fZ{AJ lj 10 L:jo l ss;'<cI Accepted With Corrections v ,. -'''\ Date: 11/;L3!9J' fD (;-c/tf.ffd /riJr 1 siptL7 , .. "The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid." ! L._ .. 5-Q &5 -1 I 1''" - t -"","_.\~ - " - '",8 ',' -\!) :-@ If \.1'" '~ J ] L-\~ ~ @Gl@l@~@@e~ w w w t:. ! 'C "'1" \\\\\\\l~ t ~ ~ ~ : : t t. : ~ : \:"'t' ~ t' t' ~ ~ ~ ~ ~ ~ ~ ~ - ...\i S" \; ~ ,":I ~ \i t;., \ .....oA~oAoQ'Ol~ ,~ u ~ t \ 1 i \' ~ \ \ ~ \ ; i \",~ ,'J. po ~ " '" It Qoo' ,~ " " s ~. ~ · ~~ ~ss~II:'1\~ "' .... .... .,. n - .... ,. ; ." ~: C ., : ~.' _ ....... ~.. ..t_~.'..V:'I..:,.I.. ......;.:.... ' li k\ "'-- y- @ r--- - v-- t+:- v:~, '1 ~ \~" ~ ~ n: ~ ~( ,~ ~ &~O . f ~ '\ ~ ' \, r- " -_ y-- r~- -_.,~ J ,~ 1--- ~- /) cr, \ ~ 1- ~. 'c, .- (," r=l . }--- . 9- .~ , ''@ ....