HomeMy WebLinkAbout9A Charlie's on Prior Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 8, 2017
AGENDA #: 9A
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
PRESENTED BY:
CASEY MCCABE
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1102 OF
THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF
A NONCONFORMING RESTAURANT USE
DISCUSSION: Introduction
The purpose of this item is to consider approval of an ordinance amending Sub-
section 1102.1600 of the Zoning Ordinance, Expansion of a Nonconforming Res-
taurant Use, related to holiday hours of operation and outdoor music at Charlie’s
on Prior. The subject property is located at 3950 Green Heights Trail SW (PIDs
251020220 and 251020060).
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). This property has also
been issued a DNR permit to allow an 80-boat slip marina with a certain dock
configuration that is currently being used. On February 9, 2015, the City Council
adopted Ordinance No. 115-05 to permit the expansion of a nonconforming res-
taurant use on Upper Prior Lake in conformance with certain conditions. On Feb-
ruary 23, 2015, the City Council amended the Ordinance, per Ordinance No. 115-
06, related to parking. On May 9, 2016, the City Council approved Ordinance
No. 116-10 related to 2016 Holiday hours. On July 25, 2016, the City Council
approved Ordinance No. 116-15 to allow outdoor Dinner Music to be played be-
tween 3:00 p.m. and 8:00 p.m. for up to 20 days in 2016.
On May 1, 2017, the Planning Commission held a public hearing on the ordinance
amendment request and adopted a motion recommending approval of an Ordi-
nance [Option A as detailed below] amending Section 1102 of the Prior Lake City
Code as Subsection 1102.1600, expansion of a nonconforming restaurant use.
Current Circumstances
Waterstreet Restaurants Group, dba as Charlie’s on Prior, has requested an or-
dinance amendment to Subsection 1102.1600, Expansion of a Nonconforming
Restaurant Use, related to Holiday hours of operation and Dinner Music.
When the City Council considered ordinance amendments in 2015 and 2016, it
was noted that as the owners and managers of Charlie’s on Prior demonstrated
compliance with the existing conditions of operation through much of 2016, then
the City Council could consider further amendments.
2
The applicants have demonstrated compliance with the ordinance requirements
and are now requesting an amendment to the ordinance. The purpose of the or-
dinance amendment is not to eliminate the current conditions that have been es-
tablished by the City of Prior Lake, rather to eliminate the need to amend the
ordinance annually to identify specific Holiday dates and to reaffirm the operator’s
ability to play outdoor Dinner Music.
Staff verified with the Prior Lake Police Department that no complaints were re-
ceived in 2016 related to hours of operation or outdoor music. The applicant
indicated they only received one complaint related to outdoor music and it was
received when the Dinner Music was played through a musician’s speakers, not
the existing Charlie’s on Prior speakers. The applicants have stated all Dinner
Music is now played through the restaurant’s speakers which allows the volume
to be controlled by the restaurant staff. The use of a musician’s speakers may
be pursued for a Public or Private Gathering, as regulated in City Code Section
307; however, all Dinner Music will be played through restaurant speakers.
Subsection 1102.1600, Expansion of a Nonconforming Restaurant Use is written
in such a way that requires an annual ordinance amendment. For example, the
current ordinance identifies specific Holidays for extended hours of operation and
the operator must amend the ordinance to extend hours on other holidays or if
the applicant wished to utilize the holiday hours on the evening before the holiday.
In addition, Dinner Music is allowed on 20 days; however, the ordinance is spe-
cific to 2016. The ordinance must be amended to allow outdoor Dinner Music to
be played in 2017.
Attached to this report are two proposed options for amending the ordinance for
City Council consideration. Below is a summary of both options.
Ordinance Option A
➢ Removes the identification of specific Holiday dates;
➢ Allows for up to eight (8) Holidays per year with extended indoor/outdoor
hours;
➢ Operator provides written notice to City Manager of Holiday dates by May 15th
each year;
➢ Operator is not required to amend this ordinance annually;
➢ Dinner Music dates remain at twenty (20) per year; however, operator is not
required to amend/renew the Dinner Music allowance annually.
Ordinance Option B
➢ Specific Holiday dates are identified, as is the case with the current ordinance;
➢ Operator will be required to amend this ordinance annually;
➢ Dinner Music dates remain at twenty (20) per year and the operator will be
required to amend the Dinner Music allowance annually.
Conclusion
The proposed expansion of nonconformities related to Holiday hours and Dinner
Music may be approved by an amendment to the approved special ordinance
specific to this property. The Planning Commission reviewed ordinance options
A and B on May 1, 2017, and following a public hearing, recommended that the
City Council approve Option A.
3
Staff is recommending the City Council adopt Alternative 1, which is the approval
of Ordinance Amendment Option A.
ISSUES: The City Council approved an ordinance with specific regulations necessary to
allow for expansion of a nonconforming restaurant use. With this current ordi-
nance amendment, the City is able to further condition its approval for hours of
operation to address holiday hours and dinner music while simplifying the process
by eliminating the requirement to review this ordinance annually. The draft ordi-
nance amendment redefines the parameters for the restaurant/bar related to hol-
iday hours of operation and outdoor dinner music, which may impact the sur-
rounding residential properties.
ALTERNATIVES: 1. Motion and a second to approve an Ordinance [Option A] amending Section
1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a
nonconforming restaurant use, as proposed or as may be further amended
by the City Council.
2. Motion and a second to approve an Ordinance [Option B] amending Section
1102 of the Prior Lake City Code as Subsection 1102.1600, expansion of a
nonconforming restaurant use, as proposed or as may be further amended
by the City Council.
3. Motion and Second to approve a Resolution adopting the Summary of Ordi-
nance and ordering the publication of said summary.
4. Motion and a second to deny an Ordinance amending Subsection 1102.1600,
expansion of a nonconforming restaurant use.
5. Motion and a second to table action and provide further direction to city staff.
RECOMMENDED
MOTIONS:
Alternatives No. 1 and 3.
ATTACHMENTS: 1. Proposed amendments to Subsection 1102.1600 (Option A eliminates the
need for an annual ordinance review)
2. Proposed amendments to Subsection 1102.1600 (Option B maintains the
need for an annual ordinance review)
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 117-______
AN ORDINANCE AMENDING CITY CODE SUBSECTION 1102.1600 EXPANSION OF A NONCONFORMING
RESTAURANT USE AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS,
CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. Subsection 1102.1600 (3) h of the Prior Lake City Code is deleted in its entirety and replaced with the following:
The restaurant/bar operations shall be limited to the following hours: Monday -Thursday = 11:00 a.m. to
11:00 p.m.; Friday-Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. 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.
2. Subsection 1102.1600 (3)of the Prior Lake City Code is amended by inserting a new provision i to read as
follows:
i. The restaurant/bar operations shall be allowed extended Holiday hours on up to eight (8) calendar dates
per year.
ii. A schedule of up to eight (8) Holidays shall be provided to the City Manager by May 15 each year. Any
revisions to the schedule shall be provided to the City Manager at least seven (7) days in advance of
any newly scheduled or rescheduled event;
iii. Indoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to 1:00
a.m.; and
iv. Outdoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to
12:00 midnight.
3. Subsection 1102.1600 (3) is amended by re-lettering provisions i through n respectively as provisions j through
o.
4. Subsection 1102.1600 (3) newly re-lettered l is amended by deleting the phrase “shall be met” from the final
sentence.
5. Subsection 1102.1600 (3) newly re-lettered m is amended by deleting the phrase ”Outdoor Events” and replacing
it with the phrase ”Public and Private Gatherings”; by deleting the phrase ”through December 31, 2016” from
provision ii.; by inserting the word ”Manager” after the word “City” in two locations in provision v; and by deleting
the reference to ”1102.1800” from provision vi.
6. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are incorporated in their
entirety, by reference, as though repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
Page 2 of 2
Passed by the City Council of the City of Prior Lake this 8th day of May, 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
A Summary of this Ordinance to be published in the Prior Lake American on the 13th day of May, 2017.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 117-_____ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public
hearing regarding amendments to Subsection 1102.1600 of the Prior Lake Zoning
Ordinance, Expansion of a Nonconforming Restaurant Use, related to holiday hours
of operation and outdoor music at Charlie’s on Prior, located at 3950 Green Heights
Trail SW (PIDs 251020220 and 251020060) on May 1, 2017; and
WHEREAS, The City Council has considered the advice and recommendation of the Planning
Commission, city staff reports and others pertaining to the Zoning Ordinance
amendments; and
WHEREAS, On May 8, 2017, the City Council adopted Ordinance 117-____ amending
Subsection 1102.1600 of the Prior Lake Zoning Ordinance; and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper
before it becomes effective; and
WHEREAS,
WHEREAS,
Minnesota Statutes also allows the publication of a summary of an ordinance if the
City Council finds that the summary is an accurate representation of the Ordinance;
and
The City Council desires to publish a summary of the amendments to Subsection
1102.1600 of the Prior Lake Zoning Ordinance related to holiday hours of operation
and outdoor music at Charlie’s on Prior, located at 3950 Green Heights Trail SW and
has determined the publication of a summary of this ordinance will meet the intent of
the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1.The recitals set forth above are incorporated herein.
2.Ordinance No. 117-____ is lengthy.
3.The text of summary of Ordinance No. 117-____, attached hereto as Exhibit A, conforms to
M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the
Ordinance will clearly inform the public of the intent and effect of the Ordinance.
4.The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5.A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake website after May 13, 2017.
2
Passed and adopted by the Prior Lake City Council this 8th day of May, 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐☐ ☐ ☐ ☐
Absent ☐☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
3
Exhibit A
SUMMARY ORDINANCE NO. 117-___
AN ORDINANCE AMENDING CITY CODE SUBECTION 1102.1600 EXPANSION OF A NONCONFORMING
RESTAURANT USE AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
The following is only a summary of Ordinance No. 117-____. The full text will available for public inspection after
May 8, 2017 by any person during regular office hours at City Hall or in the Document Center on the City of Prior
Lake Website.
SUMMARY: The Ordinance identifies indoor and outdoor Holiday Hours and allows for outdoor Dinner Music to
be played on up to twenty (20) dates per year between 3:00 p.m. and 8:00 p.m., at Charlie’s on Prior, located at
3950 Green Heights Trail SW (PIDs 251020220 and 251020030) and adopts Section 104 of the City Code entitled
“General Penalty” in its entirety.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 8th Day of May, 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary Ordinance to be published in the Prior Lake American on the 13th day of May, 2017.
OPTION A Zoning Ordinance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricultural Use District
1102.300: "R-S" Rural Subdivision Residential Use District
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Medium Density Residential Use District
1102.600: "R-3" High Density Residential Use District
1102.700: Residential Performance Standards
1102.800: “TC” Town Center Use District
1102.900: “TC-T” Transitional Town Center Use District
1102.1000 "C-1" Neighborhood Commercial Use District
1102.1100: "C-2" General Business Use District
1102.1200 “C-3” Business Park Use District
1102.1300: Commercial Restrictions and Performance Standards
1102.1400 “I-1” General Industrial Use District
1102.1500: Industrial Performance Standards
1102.1600: Expansion of a Nonconforming Restaurant Use
EXCERPT
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:
a. Based upon Minnesota Statutes 462.357, Subd. 1e, the City of Prior Lake is
authorized to permit an expansion or impose upon nonconformities reasonable
regulations to prevent and abate nuisances and to protect the public health,
welfare or safety.
b. Property legally described as Lot 20, Green Heights First Addition, Lying East
of a Line Commencing 50 feet East of the South Corner Northwest to a Point
63 Feet Northeast of the Northwest Corner of Lot 20, City of Prior Lake, Scott
County, Minnesota, Parcel ID 251020220 (“Project Site A”) has a
nonconforming use due to the principal building’s lake setback and its first-floor
elevation in the floodplain. The lot is conforming in the Shoreland District by
meeting zoning minimum lot dimensional standards for the Medium Density
OPTION A Zoning Ordinance
Residential (R-2) Use District per Subsection 1102.505 of the Prior Lake
Zoning Ordinance.
c. Property legally described as Lot 7, Green Heights First Addition, City of Prior
Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a
nonconforming lot in the Low Density Residential (R-1) Use District with a 75-
feet lot frontage compared to the 86-feet minimum. The lot area of 15,000
square feet is above the 12,000-square foot minimum.
d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007,
approved a transfer of an amended DNR Permit #1988-6299, authorizing a
specific dock layout for this Mooring Facility with the restaurant known as
Captain Jack’s.
e. An application was received by the City of Prior Lake from Water Street
Restaurants Group, LLC (the “Developer”) to reconstruct an existing marina
and associated restaurant on Project Site A with additional off-street parking to
be constructed on Project Site B (both combined as the “Project Site”).
(2) Definition. Nonconforming or nonconformity means any development, including
but not limited to structures, signs, site lighting, off -street parking, bufferyards,
land uses, or parcels which were legally constructed or established prior to the
effective date of this Ordinance, or subsequent amendment to it, which would not
be permitted by or is not in full compliance with the provisions of the City Zoning
Code.
(3) Authorization. The expansion of the existing restaurant on Project Site A, and the
construction of a parking lot on Project Site B is permitted upon the following
conditions:
a. The Project Site shall be developed in accordance to the Site Plan revised
January 27, 2015, or as may be further amended and approved by the City,
and hereby incorporated into this Ordinance.
b. Project Site B shall always be used in conjunction with Project Site A.
c. The restaurant building shall be set back a minimum of twenty-five (25) feet
from the 904’ Ordinary High Water Level elevation of Upper Prior Lake.
d. The restaurant building shall be set back a minimum of ten (10) feet from the
side property lines, and a minimum of twenty-five (25) feet from the front
property line.
e. No deck area shall encroach upon the Ordinary High Water Level elevation of
904 feet.
f. The maximum impervious surface for the Project Site shall be seventy-five (75)
percent.
g. A minimum of 80 off-street parking stalls shall be provided on the Project Site.
OPTION A Zoning Ordinance
h. The restaurant/bar operations shall be limited to the following hours: Monday-
Thursday = 11:00 a.m. to 11:00 p.m.; Friday-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.
(Ord. Amd. 116-10, publ. 05/09/2016)
i. The restaurant/bar operations shall be allowed extended Holiday hours on up
to eight (8) calendar dates per year.
i. A schedule of up to eight (8) Holidays shall be provided to the City
Manager by May 15 each year. Any revisions to the schedule shall be
provided to the City Manager at least seven (7) days in advance of any
newly scheduled or rescheduled event;
ii. Indoor restaurant/bar Holiday hour operations shall be limited to the
following hours: 9:00 a.m. to 1:00 a.m.; and
iii. Outdoor restaurant/bar Holiday hour operations shall be limited to the
following hours: 9:00 a.m. to 12:00 midnight.
i.j. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor
and 180 outdoor.
j.k. The number of boat slips associated with the DNR-approved dock
configuration shall not be expanded (per DNR Transferred-Amended Public
Water Permit dated April 5, 2007). A total of 80 boat slips in their existing
configuration are permitted, including a maximum of 60 for lease, and a
minimum of 20 for public use.
k.l. The parking lot on Project Site B shall be designed for a maximum of 30-32
stalls. This lot shall be used only by the use of permits as approved by the
owner for boat slip renters associated with the marina operation, and for special
events; in addition, special events and overflow parking shall be allowed by
valet only. Lighting for this parking lot shall be limited to a cut-off, bollard-style
at a maximum height of 42 inches. Buffering shall meet or exceed the City’s
bufferyard Type C requirements shall be met, allowing plantings to be off-site
on neighboring properties, if necessary.
(Ord. Amd. 115-06, publ. 2/28/15)
l.m. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday
through Sunday. All outdoor music shall be subject to City Code Section 307
relating to Public and Private GatheringsOutdoor Events except for outdoor
amplified dinner music, live or otherwise (“Dinner Music”), which shall be
permitted subject to the following conditions:
i. Dinner Music may be played only between 3:00 p.m. and 8:00 p.m.
Thursday through Saturday;
ii. Dinner Music may only be played twenty (20) days per year through
December 31, 2016;
OPTION A Zoning Ordinance
iii. Dinner Music shall not exceed a decibel level of sixty-five (65) decibels
as measured at a distance of one hundred (100) feet from the event
site;
iv. Dinner Music is subject to City Code Section 605 relating to Public
Nuisances;
v. A schedule of Dinner Music dates shall be provided to the City Manager
by May 15 each year. Any revisions to the schedule shall be provided
to the City Manager at least seven (7) days in advance of any newly
scheduled or rescheduled event; and
vi. If Dinner Music violates any provision of this Section 1102.1800 or any
other provision of the City Code in the City Council’s sole discretion,
the City Council may immediately prohibit all future Dinner Music by
written notice to the manager of the restaurant. Such prohibition may
be lifted only by the City Council in the City Council’s sole discretion.
m.n. A minimum of 10, designated off-street employee parking stalls shall be
provided on the Project Site.
(Ord. Amd. 115-06, publ. 2/28/15)
n.o. All other City Code regulations not exclusively specified herein shall be
followed.
(Ord. Amd. 115-05, publ. 2/14/15)
(Ord. Amd. 116-15, publ. 7/30/16)
OPTION B Zoning Ordinance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricultural Use District
1102.300: "R-S" Rural Subdivision Residential Use District
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Medium Density Residential Use District
1102.600: "R-3" High Density Residential Use District
1102.700: Residential Performance Standards
1102.800: “TC” Town Center Use District
1102.900: “TC-T” Transitional Town Center Use District
1102.1000 "C-1" Neighborhood Commercial Use District
1102.1100: "C-2" General Business Use District
1102.1200 “C-3” Business Park Use District
1102.1300: Commercial Restrictions and Performance Standards
1102.1400 “I-1” General Industrial Use District
1102.1500: Industrial Performance Standards
1102.1600: Expansion of a Nonconforming Restaurant Use
EXCERPT
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:
a. Based upon Minnesota Statutes 462.357, Subd. 1e, the City of Prior Lake is
authorized to permit an expansion or impose upon nonconformities reasonable
regulations to prevent and abate nuisances and to protect the public health,
welfare or safety.
b. Property legally described as Lot 20, Green Heights First Addition, Lying East
of a Line Commencing 50 feet East of the South Corner Northwest to a Point
63 Feet Northeast of the Northwest Corner of Lot 20, City of Prior Lake, Scott
County, Minnesota, Parcel ID 251020220 (“Project Site A”) has a
nonconforming use due to the principal building’s lake setback and its first-floor
elevation in the floodplain. The lot is conforming in the Shoreland District by
meeting zoning minimum lot dimensional standards for the Medium Density
OPTION B Zoning Ordinance
Residential (R-2) Use District per Subsection 1102.505 of the Prior Lake
Zoning Ordinance.
c. Property legally described as Lot 7, Green Heights First Addition, City of Prior
Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a
nonconforming lot in the Low Density Residential (R-1) Use District with a 75-
feet lot frontage compared to the 86-feet minimum. The lot area of 15,000
square feet is above the 12,000-square foot minimum.
d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007,
approved a transfer of an amended DNR Permit #1988-6299, authorizing a
specific dock layout for this Mooring Facility with the restaurant known as
Captain Jack’s.
e. An application was received by the City of Prior Lake from Water Street
Restaurants Group, LLC (the “Developer”) to reconstruct an existing marina
and associated restaurant on Project Site A with additional off-street parking to
be constructed on Project Site B (both combined as the “Project Site”).
(2) Definition. Nonconforming or nonconformity means any development, including
but not limited to structures, signs, site lighting, off -street parking, bufferyards,
land uses, or parcels which were legally constructed or established prior to the
effective date of this Ordinance, or subsequent amendment to it, which would not
be permitted by or is not in full compliance with the provisions of the City Zoning
Code.
(3) Authorization. The expansion of the existing restaurant on Project Site A, and the
construction of a parking lot on Project Site B is permitted upon the following
conditions:
a. The Project Site shall be developed in accordance to the Site Plan revised
January 27, 2015, or as may be further amended and approved by the City,
and hereby incorporated into this Ordinance.
b. Project Site B shall always be used in conjunction with Project Site A.
c. The restaurant building shall be set back a minimum of twenty-five (25) feet
from the 904’ Ordinary High Water Level elevation of Upper Prior Lake.
d. The restaurant building shall be set back a minimum of ten (10) feet from the
side property lines, and a minimum of twenty-five (25) feet from the front
property line.
e. No deck area shall encroach upon the Ordinary High Water Level elevation of
904 feet.
f. The maximum impervious surface for the Project Site shall be seventy-five (75)
percent.
g. A minimum of 80 off-street parking stalls shall be provided on the Project Site.
OPTION B Zoning Ordinance
h. The restaurant/bar operations shall be limited to the following hours: Monday-
Thursday = 11:00 a.m. to 11:00 p.m.; Friday-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: Sunday, May 28, 2017;
Sunday, July 2, 2017; Tuesday, July 4, 2017; Sunday, September 3, 2017; and
Wednesday, November 22, 2017 to New Year’s Eve = 1:00 a.m.; New Year’s
Day and the 3rd of July = 12:00 midnight and Monday, July 3, 2017 and
Sunday, December 31, 217 to 1:00 a.m. 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.
(Ord. Amd. 116-10, publ. 05/09/2016)
i. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor
and 180 outdoor.
j. The number of boat slips associated with the DNR-approved dock
configuration shall not be expanded (per DNR Transferred-Amended Public
Water Permit dated April 5, 2007). A total of 80 boat slips in their existing
configuration are permitted, including a maximum of 60 for lease, and a
minimum of 20 for public use.
k. The parking lot on Project Site B shall be designed for a maximum of 30-32
stalls. This lot shall be used only by the use of permits as approved by the
owner for boat slip renters associated with the marina operation, and for special
events; in addition, special events and overflow parking shall be allowed by
valet only. Lighting for this parking lot shall be limited to a cut-off, bollard-style
at a maximum height of 42 inches. Buffering shall meet or exceed the City’s
bufferyard Type C requirements shall be met, allowing plantings to be off-site
on neighboring properties, if necessary.
(Ord. Amd. 115-06, publ. 2/28/15)
l. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday
through Sunday. All outdoor music shall be subject to City Code Section 307
relating to Public and Private GatheringsOutdoor Events except for outdoor
amplified dinner music, live or otherwise (“Dinner Music”), which shall be
permitted subject to the following conditions:
i. Dinner Music may be played only between 3:00 p.m. and 8:00 p.m.
Thursday through Saturday;
ii. Dinner Music may only be played twenty (20) days per year through
December 31, 20176;
iii. Dinner Music shall not exceed a decibel level of sixty-five (65) decibels
as measured at a distance of one hundred (100) feet from the event
site;
iv. Dinner Music is subject to City Code Section 605 relating to Public
Nuisances;
v. A schedule of Dinner Music dates shall be provided to the City Manager
by May 15 each year. Any revisions to the schedule shall be provided
to the City Manager at least seven (7) days in advance of any newly
scheduled or rescheduled event; and
OPTION B Zoning Ordinance
vi. If Dinner Music violates any provision of this Section 1102.1800 or any
other provision of the City Code in the City Council’s sole discretion,
the City Council may immediately prohibit all future Dinner Music by
written notice to the manager of the restaurant. Such prohibition may
be lifted only by the City Council in the City Council’s sole discretion.
m. A minimum of 10, designated off-street employee parking stalls shall be
provided on the Project Site.
(Ord. Amd. 115-06, publ. 2/28/15)
n. All other City Code regulations not exclusively specified herein shall be
followed.
(Ord. Amd. 115-05, publ. 2/14/15)
(Ord. Amd. 116-15, publ. 7/30/16)