HomeMy WebLinkAbout4C Charlie's Amendment Hours of Operation Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: MAY 2, 2016
AGENDA #: 4C
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PRESENTED BY:
DAN ROGNESS
AGENDA ITEM: PUBLIC HEARING TO CONSIDER RECOMMENDING AN ORDINANCE
AMENDING SECTION 1102 OF THE PRIOR LAKE CITY CODE AS SUBSEC-
TION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE
DISCUSSION: Introduction
The purpose of this item is to consider a proposed amendment to the city’s Zoning
Ordinance related to the regulation of an expansion of a nonconforming restau-
rant at 3950 Green Heights Trail SW . The current restaurant and marina busi-
ness is known as Charlie’s on Prior (previously referred to as the Shore Club &
Marina). The proposed amendment relates to changing the extended hours of
operation for the restaurant/bar operation permitted for July 4th to July 3rd (a one-
for-one replacement).
History
In 1984, a Conditional Use Permit was issued to allow for the renovation of a
restaurant and bar on this site (then known as McWillies). In addition, this prop-
erty has been issued a DNR permit for the marina to allow 80 boat slips with a
certain dock configuration that is currently be used annually. On February 9,
2015, the City Council adopted Ordinance No. 115-05 in order to permit the ex-
pansion of a nonconforming restaurant use on Upper Prior Lake in conformance
with certain conditions, including hours of operation.
On February 23, 2015, the City Council amended the original Ordinance per Or-
dinance No. 115-06 related to parking. On December 21, 2015, the City Council
amended the Ordinance per Ordinance No. 115-26 related to hours of operation.
Current Circumstances
Waterstreet Restaurants Group has applied for an ordinance amending Section
1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a non-
conforming restaurant use related to hours of operation. Section 3(h) as of Ordi-
nance No. 115-26 regulates the hours of operation as follows:
The restaurant/bar operations shall be limited to the following hours: Monday -Thursday
= 11:00 a.m. to 11:00 p.m.; Friday = 11:00 a.m. to 1:00 a.m.; Saturday = 9:00 a.m. to 1:00
a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Unless the hours noted previously accom-
modate these, Holiday hours shall be limited to: New Year’s Eve = 1:00 a.m.; New Year’s
Day, and 4th of July = 12:00 midnight. Outdoor serving of food and drink s shall stop no
later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday
2
and Saturday except that the outdoor serving hours may expand to 12:00 p.m. midnight
for the 4th of July.
The proposed amendment would switch one special extended day (July 4th) with
another day (July 3rd), a one-for-one replacement. The proposed ordinance
would amend the hours of operation as follows:
The restaurant/bar operations shall be limited to the following hours: Monday -
Thursday = 11:00 a.m. to 11:00 p.m.; Friday = 11:00 a.m. to 1:00 a.m.; Saturday =
9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Unless the hours noted
previously accommodate these, Holiday hours shall be limited to: New Year’s Eve
= 1:00 a.m.; New Year’s Day, and 4th 3rd of July = 12:00 midnight. Outdoor serving
of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday,
and no later than 12:00 midnight Friday and Saturday except that the outdoor serv-
ing hours may expand to 12:00 p.m. midnight for the 4th 3rd of July.
Conclusion
The applicant feels that it is more important for them to be open later on the even-
ing before the 4th of July holiday, rather than on July 4th.
ISSUES: The City approved an ordinance with specific regulations necessary to allow for
expansion of a nonconforming restaurant use. With this (third) ordinance amend-
ment, the City is able to further refine its previous approval for hours of operation
to address one particular holiday.
ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Section 1102 of
the Prior Lake City Code as Subsection 1102.1600, expansion of a non-
conforming restaurant use related to holiday hours of operation.
2. Motion and a second to deny an amendment to an Ordinance related to
hours of operation.
3. Motion and a second to table action and provide further direction to city
staff.
RECOMMENDED
MOTIONS:
Alternative #1.
ATTACHMENTS: 1. Ordinance 115-26
2. Proposed ordinance amending (3)h of Subsection 1102.1600
4646 Dakota Street SE
Prior Lake MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO 115 26
AN ORDINANCE AMENDING SECTION 1102 USE DISTRICT REGULATIONS
OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102 1600
EXPANSION OF A NONCONFORMING RESTAURANT USE
The City Council of the City of Prior Lake Minnesota does hereby ordain that the following Subsection is amended
for Section 1102 of the City Code
1102 1600 Expansion of a Nonconforming Restaurant Use The purpose of this Subsection is to permit the
expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain
conditions and regulations as set forth below
1 Findings The City Council finds that the City and its residents will benefit by establishing conditions
for parcels of property that conditions the expansion of a nonconforming use to the site and
neighborhood based on the conditions set forth in 1102 1600 3 based upon the following findings
3 h is hereby amended to read as follows
h The restaurant bar operations shall be limited to the following hours Monday Thursday
11 00 a m to 11 00 p m Saturday 9 00 a m to 1 00 a m and Sunday 9 00 a m to
11 00 p m Unless the hours noted previously are less restrictive Holiday hours shall be
limited to New Year s Eve 1 00 a m New Year s Day and the 4th of July 12 00 midnight
Outdoor serving of food and drinks shall stop no later than 11 00 p m Sunday through
Thursday and no later than 12 00 midnight Friday and Saturday except that the outdoor
serving hours may expand to 12 00 p m midnight for the 4th of July
This ordinance shall become effective from and after its passage and publication
Passed by the City Council of the City of Prior Lake this 21st day of December 2015
ATTEST
City Manager Mayor
Published in the Prior Lake American on the 26th day of December 2015
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 116-__
AN ORDINANCE AMENDING SECTION 1102, USE DISTRICT REGULATIONS,
OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600,
EXPANSION OF A NONCONFORMING RESTAURANT USE
The City Council of the City of Prior Lake, Minnesota, does hereby ordain that the following Subsection is amended
for Section 1102 of the City Code:
1102.1600 Expansion of a Nonconforming Restaurant Use. The purpose of this Subsection is to permit the
expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain
conditions and regulations as set forth below.
(1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions
for parcels of property that conditions the expansion of a nonconforming use to the site and
neighborhood based on the conditions set forth in 1102.1600 (3) based upon the following findings:
“(3)h” is hereby amended to read as follows:
h. The restaurant/bar operations shall be limited to the following hours: Monday -Thursday =
11:00 a.m. to 11:00 p.m.; Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to
11:00 p.m. Unless the hours noted previously are less restrictive, Holiday hours shall be
limited to: New Year’s Eve = 1:00 a.m.; New Year’s Day and the 3rd of July = 12:00 midnight.
Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through
Thursday, and no later than 12:00 midnight Friday and Saturday, except that the outdoor
serving hours may expand to 12:00 p.m. midnight for the 3rd of July.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 9th day of May, 2016.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the 14th day of May, 2016.