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HomeMy WebLinkAbout11-09-98REGULAR PLANNING COMMISSION AGENDA MONDAY, NOVEMBER 9, 1998 6:30 p.m. 2. 3. 4. A. Call Meeting to Order: Roll Call: Approval of Minutes: Public Hearings: 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.) 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. 6. New Business: 7. Announcements and Correspondence: 8. Adjournment: 1620~ rLAg~FILFa'~gsPI~EO~V~CPrGI~DA~GJ 109~'D9C v r. agte ~reet~ Ave. ,~.r.., ~'nor Lat{e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES OCTOBER 26, 1998 1. Call to Order: The October 26, 1998, Planning Commission meeting was called to order by Chairman Stamson at 6:30 p.m. Those present were Commissioners Cramer, Kuyke~!~,..Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane K~i~er Jenni Tovar and Recording Secretary Connie Carlson .... Kuykendall Present ..::?? 3 Approval of Minutes: ~ ........ The Minutes from the October 12, 1998 m~i}!i~gion:'::' ": :': :-- pI~ing'::"'::' were approved as Kuykendall questioned ~i~a~:':~?::::i~i~'sponded it will be coming up. A. ~$1~'e File 098-143 '~gmas Mfinsk is requesting a front yard setback of 22.9 feet :,~i~i~,[ than the req~d setback of 25 feet; and an Ordinary High Water se[~of 41 feet in~ad of the required 50 foot Ordinary High Water setback. Plarmer Jenm~i~[~::~gl~esented the Planning Report dated October 26, 1998, on file in the office of the Ci~!~er. Thomas Mansk is proposing to construct a 32 foot by 26 foot residential addition. Part of the existing house will be converted back into a garage, as originally built, and the proposed addition will accommodate additional living area. The lot area above the 904 OHW of Prior Lake is 10,000 square feet. There is an existing house on the lot located 0.7 feet from the property line. The applicant is requesting the following variances: A 2.1 foot variance to permit a front yard setback of 22.9 feet rather than the required setback of 25 feet; and a 9 foot variance to permit an OHW setback of 41 feet instead of the required 50 foot OHW setback. l:\98files\98pl¢omm\pcmin~mn 102698.doc 1 Staffhas concluded the variance requests for OHW setback and fi'ont yard setback are substantiated with hardships pertaining to the lot that the applicant has no control over. Comments from the Public: Applicant Tom Mansk, 14840 Oakland Beach, explained his proposed add~g~g~. Comments from the Commissioners: Vonhof: · This is the second time in two years we have seen this are requested. · Agreed with staff's recommendations. · Recommend any variance approval That portion of the structure that comes existing gravel driveway be removed and returned to put in. · Noticed there was a storage addition or~ii~e P~:~iiiiii?~iii!::::::::~:~::::.:::~:?:~: ':'?' · Mansk explained it was a temporary stm:~¢ l~i:iding":~::i~ecause of the storm damage this summer. ~i~::~e new g~cture. · Tovar pointed under 30%. The ordinance allows for water storage. :~::Jii!iii~;~:~i?:~i::~:' · Compl) with the ~. and 2) The the other driveway is Cramer: put forth consideration in removing conforming to the ordinance. et forth by Commissioner Vonhof. · Agreed the hardship criteria has clearly been met. conditions by Commissioners. Kuykendall: Questioned the overhangs. Mansk explained the situation with the existing garage. MOTION BY VONHOF, SECOND KUYKENDALL, APPROVING RESOLUTION 98- 33PC APPROVING A 2.1 FOOT VARIANCE TO PERMIT A 22.9 FOOT FRONT YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT FRONT YARD SETBACK AND A 9 FOOT VARIANCE TO PERMIT A 41 FOOT SETBACK FROM h\98files\98plcomm\pcmin~mn 102698.doc 2 THE ORDiNARY HIGH WATER MARK (OHW) RATHER THAN THE REQUIRED 50 FOOT SETBACK FROM THE OHW OF PRIOR LAKE WITH THE ADDITIONAL CONDITIONS: · REMOVE THAT PORTION OF STRUCTURE CLOSEST TO THE LAKE. · REMOVE THE EXISTING DRIVEWAY AND RETURN TO GRASS AFTER THE NEW DRIVEWAY IS IN PLACE. · THE SHED MUST COMPLY WITH THE CITY ORDINANCE. Vote taken signified ayes by all. MOTION CARRIED. 7. Announcements and Correspondence: A. Proposals for Planning Commission Bylaw Planning Discussion followed with a recommendation by Council changing the chair appointment process. : for changes. 2ity B. Joint meeting with City Planning suggestion to hold a joint mutual importance. Planning Commission ' Planning City Council's discuss issues of downtown development and the ' Road 42 corridor, appeal process, Council. the issues, paper or statement addressing 's; Available strategic planning on a city web site; those issues; )hysical infrastructure - transfers in to the uses. What role does high tech infi'astmcture play This Council's Altemate sessions with City Council's and regular meetings. Basically a two hour meeting before City md vice versa. 8. Adjournment: The meeting adjourned at 7:12 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary 1:\98files\98plcomm\pcmin~lm 102698.doc 3 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: 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 INTRODUCTION: 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 Ea~g~e~ree~ ~[ve. ~.~, ~or ~e, Minnesota 553~2-1714 / 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 fi.om 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." Staffhas 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 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 cimulation 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 shifL 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 · Electrical disturbance, · Noise · Vibrations, L:\98FILES\98CUP\98-135\98-13$PC.DOC 3 · Odors · Air pollution, · Glare · Erosion, · Water pollution. 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: 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. 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. 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 f~om 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:\98FILES\98CUP\98-135~98-135PC.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.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. /:\91~ files\98eun\98-135\res97-34.doc 1 16200 Ea~[~ CreeR/~ve. S.E.,-Prior £hke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ATTEST: Donald R. Rye, Planning Director Anthony Stamson, Chair l:~98filesX98cup\98-135Xres97-34.doc 2 EXHiBI~ ?. ? / / / / / ,/ EX! IIBIT B SHOPPING CENTER LEGAL DESCRIPTION To be attached to and become a part of that certain lease agrccmcnt covering space in the PRIORDALE MALL Shopl)ing Center. That part ol Lot l, Block 1, plat of I~,ROOKSVILI. F. CENTEI{ IST ADDITION, Scott County, Minnesota, together with tl~at 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 Iollows: Commencing at the mosl Northerly Westerly corner of said l.ot I, said corner being on tile Southerly right of way Iinc of Trnnk l lighway No. 13; Ihence Nnrth 65 degrees 43 feet 28 inches East along thc 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 leer 55 inches East a distance of 460.00 feet along the Northerly line of said I.ot 1, to a point distant 850.00 feet West (as measured al righl angles) nf tim East linc of said West one- half of the Snuthcast Quarter: thence Nh[th 00 degrees 14 lecl 5 inches East parallel with said East linc a distance of 430.00 feet; thcucc Soulh 89 degrees 45 feet 55 incht~s I(asl a dishmcc of 150.00 feet; thence North 00 degrees 14 feet 5 inches East a distance of,197.9 leer, more or less, to its intersection with Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly along said South- easterly right ol way line to the point of beginning. Together with an casement for roadway purposes over and acrnss a strip of land 25 feet in width, the Easterly line of said strip is described as Iollows: Commencing at the most Nnrtherly, 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 tile 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 tile soutlmast comer of Lot 1, Block 1, III~,OOKSVII.I.I''. CI';NTEI{ 2ND ADDITION, Scott County Minnesota; thence Rorth 12 degrees 03 minutes 08 seconds West along the easterly line o[ said Lot 1,a distance of 419.74 feet to the northeast corner of said Lot l;thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00 feet; thence South 24 degrees 23 minutes 40 seconds ~st a distance of 463.22 feet to the northeast corner of Lot 2, Block 1, of said plat; thence westerly along the north line of said Lot 2, a distance of 125.00 feet to the point of beginning. 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 offood 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 ]50feet 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 Et§,~g~d~B.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 al2er its passage and publication. Passed by the City Council of the City of Prior Lake this /(,,day of:~ ),~0)~-1996 ATTEST: City Published ir~4 ~ Prior Lake American on the M~yor /~-day of OC~-~-~" ,, 1996. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN. 55372 ARCADORD,DOC/KK 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:Q(3) 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 la~hJI custody and control of his /her person or unless there exists a reasonable necessity therefor, unless going to or from an adult ~onsored 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 the following day, shall be prima facie evidence that said child is unlawfuUy~ .~. present and that no reasonable excuse exists therefor. (Ord. 75-8, 5-5-75; reedopted Ord. 724~, 8-21-72) (B) 2. It shall be unlawful for any person under the age of eighteen (18) yeers 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 bemon to violate the provisions of subsections {A)I and (A)2 hereof. (c) Establishment Owne~' Responsibility: It shell be unlawful for any person operating or in charge of any place of amusemef~t, e~tertainmant or refreshment, or other place of busine~, 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 eighteen1 ~ (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 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 pemon refuses to leave the said piece 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 f3f said minor child. (Ord. 75-8, 5-5-75; readopted Ord. 72-8, 8-21-72) (E) Violation, Penalty: Any per~on violating any of the provisions of this Section shall upon conviction be guilty of a misdemeanor and be punished by a fine not to exc~}d faro hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) day~, (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) (C) 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 a3 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) Anyone who violates this Section shall be guilt,/ of a misdemeanor and be fined not to exceed five hundred dollars ($500.00) or imprisoned not more than ninety (90) day~. (Ord. 71-16, 9-13.71; readopted Ord. 72-8, 8-2%72; amd. 1979 C~le) Lawrence C. Mechum 16587 Five Hawks Ave S.E. Prior Lake, MN 55372 City of Prior Lake Buildings/Plans 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 totaily supervised under the guidelines of the city ordieuce. 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 mom will be constructed by landlord at the recommendations of the City of Prior Lake Plans Examiner. Thank You. Sincerely, Lan'y C. Mechura P.D. Arcad~fand Billiards Prior Lake, MN 55372 Phone:447-2168 SIlOPPiNG Cf:iNTER SFFE PLAN PRIORDAI.E Shopph~g C~ntcr. ~------_~OT TO SCALE -- FLOOR PLAN PLANNING REPORT AGENDA ITEM: SUBJECT: PREPARED BY: PUBLIC HEARING: DATE: 5A CONSIDER A HEIGHT VARIANCES FOR CREEKSlDE ESTATES, ASSISTED LIVING FACILITY, Case File ~98-108 JANE KANSIER, PLANNING COORDINATOR~ YES X NO U' NOVEMBER 9, 1998 INTRODUCTION: 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 applicant has submitted the attached letter withdrawing this request. No additional action is required. 1:\98ffies\98var~98-108~98108pc2.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER November 4, 1998 To: Planning Depaxht~ent City of Prior Lake RE: Height Variance I would like to withdrawal my height variance request for Creekside Estates, as the PUD continuance has been denied by the City Council, and a resubmittal of the project is required.