HomeMy WebLinkAbout88-05-C.U.PCU88 -OS
ROD VITCH
MCWILLIES LLIER RE 5'iAURA N'i
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AMICATION
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Phone:
Proposed Conditional Use Address:
Legal Description:
Existing Use of Pr operty: 4+s �,4i/L�Ar1T
Property Acreage: Present Zoning: /
Conditional Use Being Requested: A� ®,� jr0'0�3� l��uss
Deed Restrictions: _No Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use
permit on the subject site or any part of it: _No ,J[_ Yes Request:
SUBMISSION :(A)Cmpleted application form. (B)Gwplete legal description.
(C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to
scale showing existing/proposed structures. (F)Additional information as requested by the
Planni Director including but not limited to: existing grades and buildings within 100
feet, drainage plan with finished grade and relationship to existing water bodies, if any,
proposed floor plan with use indicated plus building elevations, landscape plan with
schedule of plantings and screening, curb cuts, driveways, parking areas, walks and
curbing. (G)Certified frae abstract firm the names and address of property owners within
300 feet of the existing property lines of the subject property. (B)Application and
supportive data are due 20 days prior to any scheduled hearing.
ONLY C0MMEN APPLIOMONS SHALL BE REVID ED BY THE PLpNIHNG COMMION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.5 of the Zoning Ordinance which specifies the
requirements for conditional uses. I agree to provide information and follow the
prooedu�,es� in the Ordinance.
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Applicants Signature Date
Prdlferty Onmers Signature Date
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RLUM iG conasslON - X - JM M --- JEiII® DATE OF HEARIN;
CM COUNCIL - - X - _ APPAUIED _ -MUED DATE OF HEARING
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CITY OF PRIOR LAKE
AGENDA ITEM:
CONSENT AGENDA (i)
PREPARED BY:
HORST GRA.SER, DIRECTOR OF PLANNING
SUBJECF:
APPROVE McWTUIES RESTAURANT - CONDITIONAL USE PERMIT
AMENDMENT
DATE:
MAY 2, 1988
INTRODUCTION; Rod Stank vich and Jan Ballard have submitted an application
to amend Mcwillies restaurant Conditional Use Permit. The
amendment, if approved, would allow Cabooze Cruise Lines to
operate fz m Mcwillies restaurant.
BACKGROUND: Cabooze Cruise Lines has operated on Prior lake for the past
two years out of Lakeside Marina without significant
problems. The applicant estimates conducting about 25
cruises this year. Mr. Stankwich has kept his licenses
current and boat in good operating condition and repair. A
canvas top has been added in the event of inclement weather.
Attached please find staff analysis and recommendation
regarding this subject.
The Planning Commission considered the application at their
April 21, 1988, meeting with the following recommendation:
To approve the amendment based on the previous years
operating conditions (listed below) and the permit expire one
ye;r from the date of the amendment.
1. HOURS OF OPERATION ARE NOT TO EXTEND PAST 10:00 P.M.
DURING THE WEEK AND 10:30 P.M. ON THE WEEKEND.
2. THE NOISE FACTOR BE CONTROLM BOTH ON AND OFF SHORE.
3. THE APPLICANT HAVE ALL APPLICABLE LICENSES CURRENT AND
AVAILABLE FOR INSPECTION.
4. THE CREW NOT CONSUME ALCOHOL WRING HOOFS OF OPERATION
OR OPERATE WHILE INTOXICATED.
5. THE APPLICANT! DEVELOP POLICIES OF OJNDUCT AND PROCEDURES
FOR HIS CUSTOMERS TO BE SENSITIVE TO PROPERTY OWNERS.
(812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
743E PERMIT EXPIRE ONE YEAR FROM DATE OF ISSUE.
Condition number 6, in staff's opinion, lacks specificity and
should be reworded as follows:
6. Mcwillies restaurant Conditional Use Permit is expanded
to include the Cabooze Cruise Line operation. This
operation consists of one boat which will have a permit
to operate on Prior Lake for one year from the
anniversary date of the Conditional Use Permit
Amendment. The permit to operate Cabooze Cruise Lines
may be extended by the City Council upon proper
application and review. The componer`_s of the review
shall consist of, but not limited to: safety, citizen
comments, conduct, condition of boat, and general health
and welfare of the community.
One written objection was received by the Planning Commission
and one verbal comment was made with regard to the parking
situation at McWillies at the Commission's meeting on April
21, 1988.
ALTERNATIVES: The alternatives are as follows:
1. Approve the Planning Commissions recommendation.
2. Approve the Planning Commissions recommendation with
staff revision of item 6.
3. Continue the hearing for more information.
REOMMMAM M: Staff recammends alternative number 2.
ACTION REWIREN A nation to amend the Conditional Use Permit for McWillies
restaurant to include the Cabooze Cruise Lire operation. The
condition and conduct of the operation shall be in accordance
with the Planning Commissions recommendation of items 1 -5 and
staff rewording of Planning Comission item 6.
CITY OF PRIOR LAKE
MINUTES OF THE CITY COUNCIL
May 2, 1988
The Common Council of the City of Prior Lake met in regular
session on Monday, May 2, 1988 at 7:30 p.m. in the City Council
Chambers. Present were Mayor Andren, Councilmembers Fitzgerald,
Larson, Scott, White, City Manager Dave Unmacht, City Planner
Graser, Assistant City Manager /Economic Development Director
Schmudlach, and City Attorney Nelson.
Mayor Andren called the meeting to order and asked everyone to
rise for the pledge of allegiance.
The minutes of the April 18, 1988 meeting were reviewed by
Council.
MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE APRIL
18, 1988 MINUTES AS SUBMITTED.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next order of business was consideration of the Consent
Agenda as follows
a) Invoices to be Paid
b) Approve B S D Baseball Team Gambling Permit at
Hollywood Inn
C) Approve TKDA Contract for Services
d) Report on Results of North Shore Sewer Line Televising
e) Approve Second Annual Photo Contest
f) Approve City Manager Dave Unmacht's Salary Review
g) Approve Hartman Sewer and Water Availability Fee
h) Approve Jay's Temporary 3.2 Beer Permit for Home Games
i) Approve McWillies Restaurant Conditional Use Permit
j) Update on Funding of Transit Needs Assessment Study
k) Authorize Feasibility Studies for Pleasant Street and
Duluth Avenue - Resolutions 88 -27 and 88 -28
MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE CONSENT
AGENDA AS SUBMITTED.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
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CABOOZE CRUISE LINES,, INC.
11309 19th AVE.
BURNSVILLE, PAN. 55337'
CITY L�
Pii4uA l
March 6, 1988
Horst Fraser
Zoning Administrator
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN. 55372
RE: Revised Permit Renewal. Request
I am requesting renewal of the Permit to Operate Cabooze Cruise Lines on
Prior Lake.
OPERATIONS:
BOAT DOCKAGE: Unchanged, the boat will be docked at Lone Tree Island
as in the past
PASSANGER LOADING: or Willies on Prior Lake
PARKING: Pic :Willies on Prior Lake
NOTE: Exceptions, Passanger Loading & Parking have been conducted
from private property.
Very / T Yours,
R.M. (Rod) Stankovich
President
� ..
R® STANKOVIQi - M ITIOf]AL USE PERMIT AMD. MENT
APRIL 21, 1988
SUBJECT:
Rod Stankovich has submitted an application to amend the existing Conditional
Use Permit for Mc Willies restaurant and bar located at 3950 Green Heights
Trail.
STAFF ANAL YYIS•
The applicant is the owner and operator of Cabooze Cruise Lines which offers
chartered cruises on Prior Lake. The proposal is to operate the service out of
Mr Willies located at 3950 Green Heights Trail. Mc Willies operates under a
Conditional User Permit issued in June of 1984. Since the cruise line would
intensify the conditional use, an amendment is required.
The Conditional Use Permit for Mc Willies permits and requires the following:
1. To expand the bar into the lower level of the structure
2. Allow 28 docks for customers
3. Allow structural rehabilitation
4. Requires the parking lot to be blacktopped
5. Requires landscaping and lighting
6. Requires the discontinuance of public boat launching
The Conditional Use Permit converted the restaurant/bar from a legal
non - conforming use. With respect to zoning it gave the establishment longevity
and more land use flexibility. Mc Willies caters predominately to local and
sub - regional patrons. The establishment can be accessed via the lake or Green
Heights Trail. Both the upper and lower level bar serve lake arriving customers
which is important to the cruise line. The convenient relationship of the laver
bar, deck, and dock system is an ideal situation for the Cruise Lines. It is
anticipated that Cabcoze Cruise patrons would utilize the socializing
opportunities offered at Me Willies both before and after the cruise.
Mc Willies currently has 54 off - street parking spaces. The code requires 37.
The cruise lines operator should encourage car pooling, since most charters will
occur during the restaurant's prime business hours. Some noise levels and
people activities generated by cruise line patrons are more acceptable in a
commercial environment such as Mc Willies.
(612) 4474230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
Cabooze Cruise Lines has been operating out of Lakeside Marina for the past two
years. To staff's knowledge no major incidents have been reported. The
operation has been well controlled and offers a unique service to area
residents.
STAFF REMMMEMOATION:
Approve the request to amend Mc Willies Conditional Use Permit to permit Cabooze
Cruise Lines to operate from the site provided as follows:
1. Hours of operation are not to extend past 10:00 P.M. during the week
and 10:30 P.M. on the weekend.
2. The noise factor be controlled both on and off shore.
3. The applicant have all applicable licenses current.
9. The crew not consume alcohol during hours of operation or operate while
intoxicated.
5. Applicant develop policies of conduct and procedures for his customers
to be sensitive to property owners.
MOTE: These are the contingencies placed on the operation by City Council in
April of 1987.
April 15, 1988
Dear Resident:
Notice is hereby given that the Prior lake Planning Cammission
will conduct a hearing on the 21st day of April, 1988 at 8:15
P.M. in the City Council Chambers.
The purpose of the hearing is to consider a Conditional Ose
Permit amendment application by Rod Stankovich and Jan Ballard.
The amendment to the original Conditional Use Permit allowing
Mc Willies, if approved, would permit Caboose Cruise Lines to
operate from Mc Willies restaurant and bar located at 3950 Green
Heights Trail. Cabooze Cruise Lines offers chartered cruises on
a large pontoon boat maned by a crew of three.
For more information regarding this hearing contact the Prior
Lake Planning Department at 447 -4230.
Horst W. Graser
Director of Planning
(612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
June 16, 1988
Nike Nueller
Dept. of Natural Resources
1200 Warner Road
St. Paul, HN 55106
Dear Mr. Mueller=
I have been contacted by Jan Ballard, owner of McWillies restaurant and bar,
with a request for a rock permit to serve the establishment. Since your office
will be issuing the permits in Prior Lake, I suggest you continue to contact me
prior to issuance of such permits. There are cases and situations where land
use restrictions may limit the number of slips.
McWillies currently operates under a Conditional Use Permit which restricts all
facets of the operation. The Conditional Use Permit allows mdWillies to have
slips only for customers of the facility but not for lease or rent to the
general public. I have no objection to the 56 slips which you have indicated is
the maximum nunber that can be issued without an EM. I am aware that your
permits cannot be issued with the above referenced conditions. However, I feel
it is important that you are aware of local restrictions pertaining to land use
matters.
lie�,
Horst W. Gra
Director of Planning
HNWa j
(512) 4/71230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
NA- 0:)33 -01
PROTECTED WATERS
INNESOTG P.A. xmmber 88 -6299
Depa —shon Natwra�Aeppwaea PERMIT
D�wrs�pn of waters
Pursuant to n c:a aa:vtes. Chic @ On , . and .he basis st at em ens me c e
re —it apolltati ery'n t es. _. a,, Czars r,om :tt,d F e actacent ,n _ z.ec utl ac data. _.. i
r made a part ne ep`ov - r PERMISSION IS HEREBY GRANTED to the a aIllicart named bell. to Chance the course,
oL eh. f�llnwimne
Protected Hate-
County
Lo Prior Lake 070 -26)
Scott
Nae of Applicant Tr :ephohe Number (i nc luxe Area Code)
McW In 612/447 -9603
Address (No. C Street, RFD. Be. No., City, State. Zip Code)
P.O. Box 236., Prior Lake, Minnesota 55372
Authorized to:
Expand existing marina from 28 to 57 boat slips. Expansion will include dock
construction in accordance with revised site and construction plans dated May 3 and May
17 1988 respectively. Dock dimensions shall not exceed 5 —feet dock widths and 20 —feet
long slip fingers and 10 —feet wide boat slips.
Purpose of Permit:
Expiration Date of Pen it
Private offshore marina
November 30, 1988
P..perty Described as:
I County
SE} Section 3. Township 114 North, Range 22 West
Scott
As Indicated: (N)
As Indicated: (11)
Does no[ apply
Does not apply
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
1. This permit is per. issive only and shall not release the oermittee r m v liability ... _ slicer
by Minnesota Statutes. Federal law r local ordinances relating therm and shall remain t o Farce s . ..,
al, conditions and limitations now or hereafter imposed by law.
2. Th s permit is not assignable except with the written consent of the Commissioner of Natural =espurtes.
3. Thz Regional Hydrologist shall be notified at least five days in ad,a.,e of the *mentement or . n work
hereunder and shall be notified of its ...Tenon witb,, days thereafter. the notice . cerrlt ..s_._
by toe Commissioner shall be kept securely posted in a conspicuous place at tre site of operations.
.. No change shall be made, without written permission previously attained from the Commissioner Of Natural resources.
in the dimension=_, capacity or location of any items oi work authorized 'hereunder.
., Ire oermittee shall print access to the Site At all reasonable times durino and after construction to authorized
representatives of the Commissioner of Natural Resources for inspection of the work authorized hereura .
6. This Permit may be terminated by the Comm issianer of Natural Resources at any time he deems it necessary
the conservation of water resources of the state, or n the interest of public health and welfare, or for v.clat.pn
o t any of the provisions of this permit, unless otherwise provided in the Special visions.
]. Construction work authorized under this permit shall be completed on Or before date specified above_ with .r.tte,
request to the Commissioner by the Permittee, stating the reason therefore. ar. e..ensipn of time may .. .btair e..
S. The excavation of sail authorized herein shall n c t be construed to include the removal of prgar. - Tatter a
indicated above) unless the area from which such organic matter is removed, is impervious. Or ie sealed
the application of bentonite after excavation.
9. In all cases where the doing by the permittee if anything authorized by this permit shall t n olv :alone.
using, or damaging of any property rights o. interests of any other person or persons, On ofAny ,re:
lands _,
improvements thereon or interests therein, the oermittee, before proceeding therewitr, shall =t ion
tie rotten consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights
And interest, necessary therefore.
.c. Cris o m.�t - masi.e ,. .:a ^11 itv shall be imposed upon or m,.-red by the State of Minnesota or
a., ;'flee ac �r r. .. e s, officially or personally, on account of the granting hereof or co
_. c f _ camage tc a he-scm or creperty r sul ti n from any acf r mission of the permlttee o any
o f agents, emcla..... contractors relating to any matter hereunaero This permit shall not be construed
a , ,,- cl -r liu.iti c
a al c a.. or right of action of any person other than the state against the
per m ageets, ens ogees or contractors, for any damage or injury resulting from any such act or omission,
or 3$ eetcppi or ,Imitinq any legal uaim or right of action of the state against the permittee, its agents,
emcicree s, or Contractors f f hiction o f or failure to comply with the permit or applicable provisions of
1'..
ll. No material excavated by authority of this pe -mit nor material from any other source, except as specified herein,
shall be placed on any portion of the bed of said waters which lies below (as indicated above ).
12. An e. tension of the surface of said waters resulting from work authorized by this permit shall Became protected
waters and left open and unobstructed for use by the public.
13. This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S.
Past office and Custom House, St. Paul, Minnesota 55101.
SPECIAL PROVISIONS
14. The permittee shall comply with all to eiegulations, requirements, or standards of the
Minnesota Pollution Control Agency and other applicable federal, state, or local agencies.
15. Permittee shall ensure that the contractor has received and thoroughly understands all
conditions of this permit.
16. Erosion control measures . shall be adequately designed for the site characteristics. They
may include staked haybales, diversion channels, sediment ponds, or sediment fences. They
shall be installed prior to commencement and maintained throughout project. All exposed
soil shall be restored (by seeding and mulching or sodding and staking) within 72 hours of
completion of project.
17. All lighting for this facility, including lights at the restaurant and deck, shall be
shielded or directed downward to prevent glare on the lake.
cc: USCOE
Scott County SWCD
City of Prior Lake—'
B. Gilbertson, AFM
J. Parker, AWM
S. Carlson, C.O.
S. Fecht, St. Paul Waters
Prior Lake file #70 -26
Au[h d Sigma ure Title DKe
on ld D. Ha k Administrator, P /LU Section 7/�� ®/