HomeMy WebLinkAbout11-06PC - Cove Restaurant VAR0
Doc. No. A, 889488
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
10-13-2011 at 04:05 Recpt. 000000
,lames L. Hentges, County Recorder 04
Fee: $ 46.00
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 11-06PC
A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED LIMITED
ALCOHOLIC SERVICE HOURS TO ALLOW A RESTAURANT TO SERVE
ALCOHOL UNTIL 2 AM
Dated this 26`h day of September, 2011.
EPI 1-121
Cove Restaurant Variance
25-936-016-0
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Jeff
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City of Prior
Please return document to.
City, of Prior Lake
Community, and Economic Development Department
4646 Dakota Street SE
Prior Lake, MN 55372
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Prior Lake, MN 55372
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RESOLUTION 11-06PC
A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED LIMITED ALCOHOLIC
SERVICE HOURS TO ALLOW A RESTAURANT TO SERVE ALCOHOL UNTIL 2 AM
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Bruce Larson is requesting a variance from the required alcohol service hours of limitation to allow
a restaurant to serve alcohol until 2 AM at the following location, to wit;
15750 Hwy 13 South, Prior Lake, MN 55372
All that part of the East 600 feet of the Southwest Quarter of the Southwest Quarter of
Section 36, Township 115, Range 22, lying Northerly of the Northerly Right-of-way line
of New State Trunk Highway No. 13, Scott County, Minnesota. 2- 5 9 3 LOZ2 /60
2. The Board of Adjustment has reviewed the application for the variance as contained in Case #11-
121 and held a hearing thereon on September 12, 2011.
3. The Board of Adjustment has considered the effect of the proposed variance upon the health,
safety, and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area and the
effect of the proposed variance on the Comprehensive Plan.
4. Practical difficulties exist for the property owners, Due to the unique topography and wooded
vegetative buffering between the restaurant building and the residential properties to the north, the
use would be screened from residential properties. In addition, the distance from the restaurant
building to the nearest maintained residential rear yard area is more than 250 feet which is greater
than the 100 foot requirement between residential properties and restaurant buildings which are
limited on hours of alcoholic service.
5. The granting of the variance is within harmony of the general purposes of the Ordinance. Due to
the distance and topographical and vegetative buffers between the uses the intent of the Zoning
Ordinance requirement in this case will be achieved to separate the two land uses of residential
properties and restaurants with liquor. The Zoning Ordinance strives to "provide for compatibility of
different land uses by segregating, controlling, and regulating unavoidable nuisance producing
uses." In this case the physical distance between usable maintained areas and the specific natural
buffers segregate the differing land uses.
6. The variances are necessary to use the property in a reasonable manner. The site is zoned C-2
(General Business) District and a restaurant with liquor service is an allowed and a reasonable use
within the C-2 Zoning District.
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7. The practical difficulty in this case is due to the unique shape and natural topography of the
commercial lot. While the restaurant building is approximately 60 feet to the nearest residential
property, the closest maintained rear yard within the nearby residential area lies over 250 feet from
the restaurant building.
8. The granting of the variances will not alter the character of the neighborhood. In exception to the
requested alcoholic service time change from 1 AM to 2 AM, no current change to the overall site is
proposed.
0. The restaurant with liquor use is a permitted use within the C-2 (General Business) Zoning District.
10. The current proposal does not involve any proposed solar energy systems.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the following
variance from the required alcohol service hours of limitation to allow a restaurant to serve alcohol until
2 AM on a C-2 (General Business) zoned property:
A variance from the 10 PM limitation requirement to allow the serving of alcohol until 2 AM
Monday through Sunday for a restaurant structure in the C-2 (General Business) Zoning District
that is within 100 feet of a residential property line. (Section 1102.9 903 (5)).
The variance is subject to the following conditions.-
1.
onditions:
1. This resolution must be recorded at Scott County within 60 days of adoption.
2. The applicant shall obtain approval of an application for a 2 AM Liquor License from the
Minnesota Department of Public Safety.
Adopted by the Board of Adjustment on September 26, 2011
Paul Perez, Acting Commiss' n Chair
ATTEST:
Dan Rogness, Community & Economic Development Director