HomeMy WebLinkAbout98-137RESOLUTION 98-137
APPROVING A CONDITIONAL USE PERMIT TO CONDUCT A GAME ROOM AT
16760 TORONTO AVENUE ON PROPERTY LOCATED IN TFIE B-3 GENERAL
BUSINESS ZONING DISTRICT FOR LARRY MECHURA
D.B.A.P.D. BILLIARDS AND ARCADE
MOTION BY:
KEDROWSKI
SECOND BY:
PETERSEN
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
notice of the public hearing on said CUP has been duly published in
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
CLIP 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 of BROOKSVILLE CENTER 1 ST 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 ff&~l~l~°J~3~.Pl~.E~.s,~t~ct~Lca~!°ec, Minnesota 55372-1714 / Dh. (612) 447-4230 / Fax (61~g4~7-4245
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.
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 FURT[IER 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.
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The applicant must obtain all necessary building permits and certificates of occupancy prior
to occupying the leased space.
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.
{Seal}
YES
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner
NO
~City ofPri rll~ke
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