HomeMy WebLinkAbout03-142 Hollywood/P.L. Variance
Resolution
and Minutes
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PLANNING COMMISSION MINUTES
MONDAY, DECEMBER 8, 2003
1. Call to Order:
Chairman Stamson called the December 8, 2003, Planning Commission meeting to order
at 6:30 p.m. Those present were Commissioners Atwood, Lemke, Perez, Ringstad and
Stamson, Community Development Director Don Rye, Planning Coordinator Jane
Kansier, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Lemke
Perez
Ringstad
Stamson
Present
Present
Present
Present
Present
3. Approval of Minutes:
The Minutes from the 2003, Planning Commission meeting were approved as presented.
4.
Consent:
None
5. Public Hearings:
Commissioner Stamson read the Public Hearing Statement and opened the meeting.
A. The City of Prior Lake is requesting a Variance from the minimum number
of required off-street parking stalls for Hollywood Bar and Grill located at 16701
Toronto Avenue SE (Case File 03-142).
Planner Cynthia Kirchoffpresented the Planning Report dated December 8, 2003, on file
in the office of the City Planning Department.
The City of Prior Lake is requesting a Variance from the minimum number of required
off-street parking stalls for Hollywood Bar and Grill located at 16701 Toronto Avenue
SE. In order to configure the new "ring road", the City needs to acquire right-of-way,
thus the following Variance is required: A 67 stall Variance from the 154 off-street
parking stalls requiredfor Hollywood Bar and Grill (Section 1107.307 Off-Street
Parkingfor Commercial Uses.).
The property is zoned C-4 (General Business) and is guided C-CC (Community Retail
Shopping) in the 2020 Comprehensive Plan. The subject property is unplatted. Access to
the site is gained via Toronto Avenue and from Franklin Trail via a roadway easement.
Hollywood Bar and Grill was constructed in 1960. The site currently has 87 parking
L:\03 Files\03 Planning Comm\03pcMinutes\MN120803.doc
1
Planning Commission Meeting
December 8, 2003
stalls, which includes 17 stalls on Toronto Avenue. The provided number of parking
stalls is nonconforming.
The City of Prior Lake is acquiring right-of-way for the extension of the ring road
project. On the Hollywood site, the right-of-way takes a portion of the southeast comer
of the property. The acquisition will preclude Hollywood from constructing additional
parking to bring the site closer to compliance with minimum standards. The Zoning
Ordinance provides that such action is sufficient grounds to meet the hardship criteria to
grant a Variance.
Staff believed the nine hardship criteria had been met. The site already maintains
nonconforming parking and the right-of-way acquisition will reduce lot area and preclude
the installation or construction of additional parking. Therefore the government action
constitutes a sufficient basis to meet the hardship criteria to grant the Variance, pursuant
to Section 1107.2303 (3) of the Zoning Ordinance.
If the property owner decides to sell one of the two businesses, and a separate parcel
would be created, the issue of nonconforming parking would have been resolved. Staff
therefore recommended approval of the Variance.
Comments from the public:
David Knodell, P.O. 99, Hamel, MN 55340, representing Bealemake Partners LLC, the
owner of the properties explained the next variance request is also property owned by
Bealemake and are viewing them as one. Knodell said basically they are appreciative of
staff s actions on these matters on both variances. He went on to say they wanted to alert
the City they are still viewing the Mall and Hollywood and final renovation plans are not
yet complete. The final determination of tenants is not yet known and it is conceivable
they may have to revisit issue of variances once they have a better handle on the final
plans. Knodell again stressed they are appreciative of the City's application with the
vanances.
The public hearing was closed.
Comments from the Commissioners:
Ringstad:
. The City and Property owners are in favor of this application.
. All nine criteria hardships have been met.
. Approve.
Atwood, Lemke, Perez, Stamson:
. All Agreed.
. The City taking property is a hardship and not created by the property owner. All
criteria have been met.
L:\03 Files\03 Planning Comm\03pcMinutes\MNI20803.doc 2
Planning Commission Meeting
December 8, 2003
MOTION BY RINGSTAD, SECOND BY LEMKE, ADOPTING RESOLUTION 03-
15PC APPROVING THE 64 PARKING ST ALL VARIANCE FOR THE
HOLLYWOOD BAR AND GRILL.
Vote indicated ayes by all. MOTION CARRIED.
Stamson explained the appeal process.
B. The City of Prior Lake is requesting a Variance from the minimum number
of required off-street parking stalls for Priordale Mall located at 16760 Toronto
Avenue SE (Case File 03-143).
Planner Cynthia Kirchoff presented the Planning Report dated December 8, 2003, on file
in the office of the City Planning Department.
The City of Prior Lake is requesting a Variance from the minimum number of required
off-street parking stalls for Priordale Mall located at 16760 Toronto Avenue SE. In order
to configure the new "ring road", the City needs to acquire right-of-way, therefore the
following Variance is required: A 39 stall Variance from the 426 off-street parking stalls
requiredfor Priordale Mall (Section 1107.307 Off-Street Parkingfor Commercial Uses.).
The property is zoned C-4 (General Business) and is guided C-CC (Community Retail
Shopping) in the 2020 Comprehensive Plan. The subject property is unplatted. Access to
the site is gained via Toronto Avenue. Priordale Mall was constructed in 1971. Its
current use is a multi-tenant shopping center with the possibility of approximately 519
parking stalls.
The City of Prior Lake is acquiring right-of-way for the extension of the ring road
project. The right-of-way extends through the Priordale Mall property and removes 132
potential parking stalls, making the number of parking stalls fewer than that required by
the Zoning Ordinance. The nonconformity being created by government action, the
Zoning Ordinance provides that such action provides sufficient grounds to meet the
hardship criteria to grant a Variance. Based on the findings, Staff recommended approval
of the Variance.
Comments from the public:
Attorney David Knodell, representing Bealemake Partners LLC, stated they were
appreciative of the City's efforts on this matter. He has not seen the variance report and
documents and was unsure of some of the figures and there could be issues on the
parking stall requirements. Again, they may have to revisit the variance issue after Mnal
plans have been made.
The public hearing was closed.
Comments from the Commissioners:
.
-
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
December 23,2003
Scott County Recorder
Scott County Government Center
200 Fourth Avenue West
Shakopee,MN 55379
Dear Sir or Madam:
Enclosed for recording is a True and Correct Copy of City of Prior Lake Resolutions 03-
14PC and 03-15PC.
Please send the documentation and your statement to my attention at the address below.
If you have any questions, let me know.
Thank you.
~f/Ae
Connie Carlson
Planning Dept. Secretary
enc.
Cas~d 03-143
lRECLTR
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447,4245
Doc. No. A 640348
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
01-02-2004 at 11 :00 Receipt:345913
Pat Boeckman, County Recorder 01
Fee: $20.00
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary oft1;;!City of Prior Lake, hereby
certifies the attached hereto is the original true and correct copy of
RESOLUTION 03-015PC
A RESOLUTION APPROVING A 67 STALL VARIANCE FROM THE 154 OFF-
STREET PARKING STALLS REQUIRED FOR HOLLYWOOD BAR AND GRILL
#03-142
Parking Variance for
Hollywood Bar & Grill
(!D~t, trJA ~~
Connie Carlson ~
City of Prior Lake
Dated this 23rd day of December, 2003
(City Seal)
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RESOLUTION 03-015PC
A RESOLUTION APPROVING A 67 STALL VARIANCE FROM THE 154 OFF-
STREET PARKING STALLS REQUIRED FOR HOLLYWOOD BAR AND
GRILL
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. The City of Prior Lake is requesting a Variance from the minimum number of
required off-street parking stalls for Hollywood Bar and Grill located on
property zoned C-4 (General Business) at the following location, to wit;
16701 Toronto Avenue SE
S Y2 of Section 2, Township 114, Range 22, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-142PC and held a hearing thereon on December 8,
2003.
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. The right-of-way acquisition reduces the lot area, which precludes Hollywood
from constructing additional parking to bring the site closer to compliance with
minimum off-street parking standards.
5. The Variance will not unreasonably impact the character and development of
the neighborhood because the nonconforming parking situation currently
exists.
6. The Variance will not be contrary to the intent of the Zoning Ordinance.
Section 1107.2303 (3) of the Zoning Ordinance provides a sufficient basis to
meet the hardship criteria and grant a Variance when the nonconformity is a
result of government action.
1:\03 files\03 variances\hollywood\approval resolution.doc
www.cityofpriorlake.com
1
Phone 952.447.4230 / Fax 952.447.4245
7. This Variance will not serve as a convenience, but is necessary because the
right-ot-way acquisition will eliminate the opportunity tor Hollywood to
construct additional parking on the property.
8. The contents of Planning Case #03-142PC are hereby entered into and
made a part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby
approves the following Variance:
1. A 67 staii Variance from the 154 off-street parking staiis required for
Hollywood Bar and Grill (Section 1107.307 Off-Street Parking for
Commercial Uses.), subject to the following condition:
1. The resolution must be recorded at Scott County within 60 days of
adoption. Proof of recording, along with the acknowledged City Assent
Form, shall be submitted to the Planning Department.
Adopted by the Board of Adjustment on December 8, 2 03.
QAT ST:
. rJ)
o~./
Donald R. Rye, 0
An ony Stamson, Commission Chair
nity Development Director
1:\03 files\03 variances\hollywood\approval resolution.doc
2
LEGAL DESCRIPTION
25-902-047-0
SECT-02 TWP-114 RNG-022 WII2 SE1I4 COM 1177.13' N OF SE COR, W 700' TO
POB, W 150',N 387.2', NE TO INT W POB, S 497.87' TO POB.
(Hollywood property)
L:\03 Files\03 Variances\Hollywood\LEGAL DESCRIPTI01.doc
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 03-015PC
A RESOLUTION APPROVING A 67 STALL VARIANCE FROM THE 154 OFF-
STREET PARKING STALLS REQUIRED FOR HOLLYWOOD BAR AND
GRILL
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. The City of Prior Lake is requesting a Variance from the minimum number of
required off-street parking stalls for Hollywood Bar and Grill located on
property zoned C-4 (General Business) at the following location, to wit;
16701 Toronto Avenue SE
S % of Section 2, Township 114, Range 22, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-142PC and held a hearing thereon on December 8,
2003.
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. The right-of-way acquisition reduces the lot area, which precludes Hollywood
from constructing additional parking to bring the site closer to compliance with
minimum off-street parking standards.
5. The Variance will not unreasonably impact the character and development of
the neighborhood because the nonconforming parking situation currently
exists.
6. The Variance will not be contrary to the intent of the Zoning Ordinance.
Section 1107.2303 (3) of the Zoning Ordinance provides a sufficient basis to
meet the hardship criteria and grant a Variance when the nonconformity is a
result of government action.
1:\03 files\03 variances\hollywood\approval resolution.doc
www.cityofpriorlake.com
1
Phone 952.447.4230 / Fax 952.447.4245
7. This Variance will not serve as a convenience, but is necessary because the
right-of-way acquisition will eliminate the opportunity for Hollywood to
construct additional parking on the property.
8. The contents of Planning Case #03-142PC are hereby entered into and
made a part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby
approves the following Variance:
1. A 67 stail Variance from the 154 off-street parking stalls required for
Hollywood Bar and Grill (Section 1107.307 Off-Street Parking for
Commercial Uses.), subject to the following condition:
1. The resolution must be recorded at Scott County within 60 days of
adoption. Proof of recording, along with the acknowledged City Assent
Form, shall be submitted to the Planning Department.
Adopted by the Board of Adjustment on December 8, 2 03.
uT:
Donald R. Rye, 0
An ony Stamson, Commission Chair
nity Development Director
1:\03 files\03 variances\hollywood\approval resolution.doc
2
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
ON TIME DELIVERY
January 8, 2004
Suesan Lea Pace
Halleland, Lewis, Nilan, Sipkins & Johnson
Pillsbury Center South
220 South Sixth Street - Suite 600
Minneapolis, MN 55402-4501
RE: Priordale Mall and Hollywood Inn Resolutions
Dear Suesan:
Enclosed are certified copies of the above Resolutions and 5 copies of the Real Estate
Appraisal Report for G. Crawford and Betty Wiestling.
If you have any questions, please let me know.
Sincerely,
~
Connie Carlson
Planning Dept. Secretary
Enc.
.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby
certifies the attached hereto is the original true and correct copy of
RESOLUTION 03-015PC
A RESOLUTION APPROVING A 67 STALL VARIANCE FROM THE 154 OFF-
STREET PARKING STALLS REQUIRED FOR HOLLYWOOD BAR AND GRILL
#03-143
Parking Variance
For Hollywood Bar & Grill
Connie Carlson
City of Prior Lake
Dated this 8th day of January, 2004
(City Seal)
I: \deplwork\blankflm\truecopy .doc
LEGAL DESCRIPTION
25-902-047-0
SECT-02 TWP-114 RNG-022 Wl/2 SE1/4 COM 1177.13' N OF SE COR, W 700' TO
POB, W 150',N 387.2', NE TO INT W POB, S 497.87' TO POB.
(Hollywood property)
L:\03 Files\03 Variances\Hollywood\LEGAL DESCRIPTI01.doc
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby
certifies the attached hereto is the original true and correct copy of
RESOLUTION 03-015PC
A RESOLUTION APPROVING A 67 STALL VARIANCE FROM THE 154 OFF-
STREET P ARKING STALLS REQUIRED FOR HOLLYWOOD BAR AND GRILL
#03-142
Parking Variance for
Hollywood Bar & Grill
(!D~G ~~Y\
Connie Carlson
City of Prior Lake
Dated this 23rd day of December, 2003
(City Seal)
I: \deptwork\blankflm\truecopy .doc
Overheads
Presentation
Materials
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Location Map for
Hollywood Bar and Grill Variance
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APPLICA TIONS
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APPLICA TION
MA TERIALS
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Planning Case File No. D3 - J fa
Property Identification No. GS - q vtJ., - 01:7-0
City of Prior Lake
ZONING/LAND USE APPLICATION
Type of Application
o Amendment to Zoning Map
o Amendment to Zoning Ordinance Text
o Amendment to Comprehensive Plan Land Use Map
o Conditional Use Permit
[8] Variance
o Planned Unit Development
o Senior Care Overlay District
o Home Occupation
o Amendment or Modification to approved CUP or PUD
o Other
Applicant:
Address:
Telephone:
Pncr Wlce -1 C-0YYt~Lt: r,a n Ie (l.&-f l-e s..
(home) (work)
(fax)
I J
o
To the best of my knowl ge the information provided in this application and other material submitted is correct. In
ad . 'on, I ve re th relevant sections of the PriorLake Ordinance and procedural guidelines, and understand that
a I atio '11 t be rocessed until deemed complete by the ~ ann" g Director or assignee.
It I i 0,.3
Da e
Date
ADDITIONAL PROJECT INFORMATION
(Required for PUD, CUP and SC Overlay District applications)
Will the developers request financial. assistance from the City?
DYes
o No
If yes, please describe the amount and type of assistance requested (attach additional pages if necessary).
Will anyone other thantheapplicantbe involved in the ownership, development & management ofthis proJect?
o Yes (If yes, please attach a list of the names and the role of all persons involved in the project.) 0 No
1:\handouts\2001 handouts\zoning\zoning app.doc
()riginal
Reports
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
SITE ADDRESS:
PREPARED BY:
REVIEWED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
I. INTRODUCTION
PLANNING REPORT
5A
CONSIDER AN OFF-STREET PARKING VARIANCE
FOR HOLLYWOOD BAR AND GRILL
16760 TORONTO AVENUE SE
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
DECEMBER 8, 2003
03-142
The City of Prior Lake is requesting a Variance from the minimum number of
required off-street parking stalls for Hollywood Bar and Grill located at 16701
Toronto Avenue SE (S % of Section 2, Township 114, Range 22).
In order to configure the new "ring road" shown on Attachment 3, the City needs
to acquire right-of-way, thus the following Variance is required:
1. A 67 stall Variance from the 154 off-street parking stalls required for
Hollywood Bar and Grill (Section 1107.307 Off-Street Parking for
Commercial Uses.).
II. BACKGROUND
The property is zoned C-4 (General Business) and is guided C-CC (Community
Retail Shopping) in the 2020 Comprehensive Plan. The subject property is
unplatted. Access to the site is gained via Toronto Avenue and from Franklin
Trail via a roadway easement. Hollywood Bar and Grill was constructed in 1960.
The site currently has 87 parking stalls, which includes 17 stalls on Toronto
Avenue. The provided number of parking stalls is nonconforming.
In 2000, the City approved plans for a ring road that connects Franklin Trail to TH
13. The first phase, constructed in 2002, is the primary access for Park Nicollet
Clinic and Keystone Communities. The second phase connects the first phase to
Duluth Avenue. And the third phase connects Duluth Avenue to TH 13. The City
L:\03 Files\03 Variances\Hollywood\~bmPrlake.com
Phone 952.447.4230 / Fax 952.447.4245
1
plans to construct both the second and third phases during the summer of 2004.
In order to construct the road, the City must acquire property from Hollywood Bar
and Grill and Priordale Mall, both of which are presently under common
ownership. The proposed roadway extends through Hollywood's parking lot
south of the building, but does not remove any existing parking. However, the
right-of-way acquisition does preclude Hollywood from installing additional
parking on the property when it is already nonconforming, thus necessitating this
Variance application.
III. DISCUSSION
A. Proposal
The right-of-way will take approximately 1,100 square feet (or an area equal to 6
parking stalls) of the southeast corner of the property. While the ring road right-
of-way acquisition will not eliminate parking stalls per se, it will reduce the overall
lot area, and potential for installing additional parking to bring the site closer to
being in compliance with minimum ordinance requirements.
In conjunction with the road construction, the City intends vacate the Toronto
Avenue road easement. The site will continue to have access from TH 13, and
will gain a new access from the ring road in the existing location of Toronto
Avenue.
B. Required Off-Street Parking
Section 1107.304 of the Zoning Ordinance requires 1 off-street parking space for
each 50 square feet of gross floor area for restaurants that serve liquor. Based
upon this standard, 154 stalls are required. Hollywood currently has 87 stalls,
including the 17 in the Toronto Avenue easement. Thus, the site is deficient 67
parking stalls.
c. Non-conformity as a Result of Government Action
Section 1107.2303 (3) of the Zoning Ordinance provides that "if a governmental
body takes land by exercise of its right of eminent domain and by that taking
creates a parcel which does not conform to the width, area, or yard requirements
of this Ordinance, the non-conforming parcel shall become a legal non-
conformity and may be used thereafter only by complying with the provisions of
this section, however, such a legal non-conformity is exempt from the
amortization provisions as contained in this Ordinance. The same non-
conforming status of the non-conforming parcel will result if the governmental
body acquired the land by negotiation rather than by condemnation."
Moreover, ".. .property which becomes a legal non-conformity as the result of a
governmental taking applies for a variance to reinstate the legal status to the
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2
property, the governmental taking shall constitute a hardship for the purpose of
the variance."
IV. ANALYSIS
A. Variance Hardship Findings
Section 1108.406 states that the Board of Adjustment may grant a Variance from
the strict application of the provisions of the Zoning Ordinance, provided that:
1. Where by reason of narrowness, shallowness, or shape of a lot, or
where by reason of exceptional topographical or water conditions or
other extraordinary and exceptional conditions of such lot, the strict
application of the terms of this Ordinance would result in peculiar and
practical difficulties or exceptional or undue hardship upon the owner of
such lot in developing or using such lot in a manner customary and
legally permissible within the Use District in which said lot is located.
Finding: The right-of-way acquisition reduces the lot area, which precludes
Hollywood from constructing additional parking to bring the site closer to
compliance with minimum off-street parking standards.
2. Conditions applying to the structure or land in question are peculiar to
the property or immediately adjoining property, and do not apply,
generally, to other land or structures in the Use District in which the
land is located.
Finding: This property is unique in that government action takes a portion for
the right-of-way and eliminates the possibility of Hollywood constructing
additional parking on the site.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
Finding: The Variance is necessary for the preservation and enjoyment of a
substantial property right because it is reducing the lot area, and eliminating
the possibility of installing additional parking stalls on the site.
4. The granting of the proposed Variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase
the congestion in the public streets, increase the danger of fire, or
endanger the public safety.
Finding: The Variance will not impair an adequate supply of light and air to
adjacent property, unreasonably increase the congestion in the public streets,
increase danger of fire, or endanger the public safety.
L:\03 Files\03 Variances\Hollywood\PC Report.doc
3
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably diminish
or impair established property values in the surrounding area, or in any
other way impair the health, safety, and comfort of the area.
Finding: The Variance will not unreasonably impact the character and
development of the neighborhood because the nonconforming parking
situation currently exists.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
Finding: The Variance will not be contrary to the intent of the Zoning
Ordinance. Section 1107.2303 (3) of the Zoning Ordinance provides a
sufficient basis to meet the hardship criteria and grant a Variance when the
nonconformity is a result of government action.
7. The granting of the Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
Finding: This Variance will not serve as a convenience, but is necessary
because the right-of-way acquisition will eliminate the opportunity for
Hollywood to construct additional parking on the property.
8. The hardship results from the application of the provisions of this
Ordinance to the affected property and does not result from actions of
the owners of the property.
Finding: Section 1107.2303 (3) of the Zoning Ordinance provides that a non-
conformity as a result of government action constitutes sufficient grounds to
meet the hardship criteria to a grant a Variance.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
Finding: Increased development or construction costs are not associated
with this Variance.
Staff believes the nine hardship criteria have been met. Since the site
already maintains nonconforming parking, the right-of-way acquisition will
reduce lot area and further exacerbate the nonconformity of the site by
precluding the installation of additional parking. Thus, the government action
constitutes a sufficient basis to meet the hardship criteria to grant the
Variance, pursuant to Section 1107.2303 (3) of the Zoning Ordinance. This
L:\03 Files\03 Variances\Hollywood\PC Report.doc
4
ordinance was specifically enacted to address a situation such as this - when
government action that impairs the use and enjoyment of property.
Section 1107.2303 (3) is not inconsistent with 1108.406 of the Zoning
Ordinance, which provides criteria for the Board of Adjustment to grant
Variances. The necessity of Section 1107.2303 (3) is to address instances
such as this -when government action intensifies a non-conformity. The
mischief to be remedied is to ensure that government action does not impair
the preservation and enjoyment of a substantial property right. And the object
to be attained is to mitigate any problems associated with the government
action.
V. CONCLUSION
The City of Prior Lake is acquiring right-of-way for the extension of the ring road
project. On the Hollywood site, the right-of-way takes a portion of the southeast
corner of the property. The property is already nonconforming, in terms of
provided parking on the site. The acquisition will preclude Hollywood from
constructing additional parking to bring the site closer to compliance with
minimum standards. Therefore, the nonconformity is intensified by the
government action, and the Zoning Ordinance provides that such action is
sufficient grounds to meet the hardship criteria to grant a Variance.
Furthermore, if in the future the property owner decides to sell one of the two
businesses, and a separate parcel would be created, the issue of nonconforming
parking would have been resolved.
Based upon the findings set forth in this report, staff recommends approval of the
Variance.
VI. ALTERNATIVES
1. Approve the Variance, or approve any Variance the Planning Commission
deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
VII. RECOMMENDATION
Staff recommends alternative #1.
VIII. ACTION REQUIRED
This request requires the following motion:
L:\03 Files\03 Variances\Hollywood\PC Report.doc
5
1. A motion and second adopting Resolution 03-015PC approving the 64
parking stall Variance for Hollywood Bar and Grill.
IX. ATTACHMENTS
1. Resolution 03-015PC
2. Location map
3. Site plan
4. Applicable regulation
L:\03 Files\03 Variances\Hollywood\PC Report.doc
6
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 03-015PC
A RESOLUTION APPROVING A 67 STALL VARIANCE FROM THE 154 OFF-
STREET PARKING STALLS REQUIRED FOR HOLLYWOOD BAR AND
GRILL
BE IT RESOLVED BY the Board. of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. The City of Prior Lake is requesting a Variance from the minimum number of
required off-street parking stalls for Hollywood Bar and Grill located on
property zoned C-4 (General Business) at the following location, to wit;
16701 Toronto Avenue SE
S % of Section 2, Township 114, Range 22, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-142PC and held a hearing thereon on December 8,
2003.
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. The right-of-way acquisition reduces the lot area, which precludes Hollywood
from constructing additional parking to bring the site closer to compliance with
minimum off-street parking standards.
5. The Variance will not unreasonably impact the character and development of
the neighborhood because the nonconforming parking situation currently
exists.
6. The Variance will not be contrary to the intent of the Zoning Ordinance.
Section 1107.2303 (3) of the Zoning Ordinance provides a sufficient basis to
meet the hardship criteria and grant a Variance when the nonconformity is a
result of government action.
1:\03 files\03 variances\hollywood\approval resolution.doc
www.cityofpriorlake.com
1
Phone 952.447.4230 / Fax 952.447.4245
7. This Variance will not serve as a convenience, but is necessary because the
right-of-way acquisition will eliminate the opportunity for Hollywood to
construct additional parking on the property.
8. The contents of Planning Case #03-142PC are hereby entered into and
made a part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby
approves the following Variance:
1. A 67 stall Variance from the 154 off-street parking stalls required for
Hollywood Bar and Grill (Section 1107.307 Off-Street Parking for
Commercial Uses.), subject to the following condition:
1. The resolution must be recorded at Scott County within 60 days of
adoption. Proof of recording, along with the acknowledged City Assent
Form, shall be submitted to the Planning Department prior to the issuance
of a building permit.
Adopted by the Board of Adjustment on December 8, 2003.
Anthony Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1:\03 files\03 variances\hollywood\approval resolution.doc
2
Location Map for
Hollywood Bar and Grill Variance
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Zoning Ordinance
USE REQUIREMENT
Pool HallsNideo Arcades 1 parking space for each 25 sq. ft. of
customer area.
Skating Rink or Public 50 parking spaces, plus 1 additional space
Auction for each 100 sq. ft. of floor space in excess
House of 2,000 sq. ft.
Sports/Health Clubs/ 1 parking space for every 200 sq. ft. of non-
Physical Culture Studio/ court area plus 2 parking spaces per tennis
Swimming Pool or racquetball court and 1 parking space for
each 50 sq. ft. of deck area for a swimming
pool.
Theater, Auditorium, 1 parking space for each 3 seats of design
Assembly Hall, Meeting capacity.
Hall
Restaurants With Liquor 1 parking space for each 50 sq. ft. of gross
floor area.
Restaurants Without Liquor 1 parking space for each 60 sq. ft. of gross
floor area.
Retail Store, Grocery Store 1 parking space for each 180 sq. ft. of gross
and Service floor area. If, however, the merchandise
Establishments Where displayed for sale is large such as furniture,
More Than 25% of the carpeting, large appliances, or automobiles,
Gross Area is Customer the parking requirement shall be 1 parking
Area. space for each 500 sq. ft. of gross floor
area.
Retail Store and Service 1 parking space for each 100 sq. ft. of
Establishment where less customer floor area.
than 25% of the Gross
Floor Area is Customer
Area and where Product is
Picked up or Delivered by
Patron.
Shopping Centers with 1 parking space for each 200 gross sq. ft.
over 100,000 square feet.
Shopping Centers with less 1 parking space for each 220 sq. ft.
than 100,000 square feet.
Grocery Store with 1 parking space for each 180 gross square
Shopping Centers feet of floor area.
Food Services including 1 stall per 200 sq. ft. of gross floor area for
designated seating areas up to 2% of the gross floor area of the
within Shopping Centers shopping center. Food Service exceeding
2% of the gross floor area of the shopping
center gross floor area shall require 1 stall
-+
May 22, 1999
City of Prior Lake
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HEARING
NOTICES
L:\TEMPLA TE\FILEINFO.DOC
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
CD
Subscribed and sworn to be this
_day of ,2003.
NOTARY PUBLIC
L:\DEPTWORKIBLANKFRM\MAlLAFFD.DOC
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE
ZONING ORDINANCE FOR OFF-STREET PARKING
You are hereby notified that the Prior Lake Planning Commission will hold a
public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road
SE (Southwest of the intersection of County Road 21 and Fish Point Road), on:
Monday, December 8,2003, at 6:30 p.m. or as soon thereafter as possible.
REQUEST: Variances to have less than the minimum number of
required parking stalls for Hollywood Bar & Grill.
APPLICANT: City of Prior lake
OWNER: Bealmake Partners
SUBJECT SITE: 16701 Toronto Avenue SE, legally described as part of the
S % of Section 2, Township 114, Range 22, Scott County,
Minnesota.
If you are interested in this issue, you should attend the hearing. Questions
related to this hearing should be directed to the Prior Lake Planning Department
by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday
through Friday. The Planning Commission will accept oral and/or written
comments. Oral or written comments should relate to how the proposed
construction and requested variances are or are not consistent with the Zoning
Ordinance and variance hardship criteria.
Prepared this 26th day of November 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be mailed to property owners within 350 feet of the subject site
on November 26, 2003.
L:\03 Files\03 Variances\Hollywood\Mailed Hea1.'inl!: NQtice.doc
www.cityotprtt>-rlaKe.com
Phone 952.447.4230 / Fax 952.447.4245
PID SHSRTN SHHOUS SHSTRE SHAD2 SHCITY S SHZI HOUSGS STREGS STT ADIRGS PRPLAT PR PR LEGAL1 LEGAL2
SECT -02 TWP-114 RNG-022 W 494.8' OF
NWl/4 SE1I4 N OF RD EX W 75' EX W
200' OF N 150& P/O SWl/4 NE1I4 EX
259020260 GROSS. LOREN 8609 LYNDALEAVS STE #214 BLOOMINGTON M 55420 ~ 0 1.74A & EX 10.43A IN NWl/4 SEl/4
SECT-02 TWP-114 RNG-022 3A IN NWl/4
259020410 LARCH LLC 80 70 STW STE 133 CHANHASSEN M 55317 0 SE1I4
SECT -02 TWP-114 RNG-022 7.43A IN
259020380 LARCH LLC 80 70 STW STE 133 CHANHASSEN M 55317 0 NWl/4 SEl/4 EX 2.29A
SECT -12 TWP-114 RNG-022 COMMON
ELEMENTS: LOT 3 & 10 BLK 1. LOT 7 & 9
BLK 2, LOT 5 BLK 3. LOT 3 BLK 4, LOT 3
253791950 D R HORTON INC MN 20860 KENBRIDGE CT STE 100 LAKEVILLE M 55044 0 PLAT-25379 CIC 1079 DEERFIELD CONDOMINIUM BLK 5, LOT 5 BLK 6. OUTLOTS A & B
SECT -02 TWP-114 RNG-022 Wll2 SEl/4
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215.94' TO POB, W 345' TO HWY 13. NE
190'E 210'. S 140.08' TO POB & .2AS OF
259020450 CROWN COCO INC 1717 BROADWAY ST NE MINNEAPOLIS M 55413 16735 FRANKLIN TRL SE PARCEL
SECT -02 TWP-114 RNG-022 COM ELINE
Wll2 SEl/4 1940.8' N OF SE COR. W ON
RD 652.15' TO HWY 13 & POB. W 410.
DEFLECLEFT241.19', NE ON HWYTO
259020493 SCHOELLER,JOHN J & CAROL A 3570 BASSWOOD CIR SW PRIOR LAKE M 55372 16511 ANNA TRL SE POB
SECT-02 TWP-114 RNG-022 COM 410' W
OF INT OF NW ROW OFHWY 13 & TWP
RD. W 230'. SERL Y355.78' TO NW ROW
259020492 UNITED STATES POSTAL SERVICE PO BOX 69069 ST PAUL M 55169 0 13, N 200', NW TO POB.
SECT-02 TWP-114 RNG-022 Wll2 SEl/4
& Ell2 SWl/4 COM 1940.8' N OF SE COR
Wll2 SEl/4W 652.15', SW 640' TO POB,
SW 119.77'. SW 231.5'. SE 302.8',NE TO
259020494 PRIOR LAKE STATE BANK 16677 DULUTH AV PO BOX 369 PRIOR LAKE M 55372 16677 DULUTH AV SE INT WITH POB. NW TO POB.
~ SECT-02 TWP-114 RNG-022 Wll2 SEl/4
COM 1677.13' N OF SE COR. W 215.64'
TO POB. W 481.35', NE 175'. E TO PT
444'W OF ELINE, SE TO PT 72.87' NOF S
259020460 VELlSHEK,DAVID E & MARY KAY 7540 CREDIT RIVER BLVD PRIOR LAKE M 55372 0 LINE, E 192.16'. S 72.87'TO POB.
253910010 HEALTHSYSTEM MINNESOTA 6500 EXCELSIOR BLVD ST LOUIS PARK M 55416 4670 PARK NICOLLET AV SE PLAT-25391 PARK NICOLLET ADDN 1 1 SECT -02 TWP-114 RNG-022
SECT-02 TWP-114 RNG-022 Wll2 SEl/4
COM 1177.13' N OF SECOR. W7oo'TO
POB, W 150'.N 387.2', NE TO INT W POB.
259020470 BEALMAKE PARTNERS LLC 3535 VIA FLORES SAN DIEGO C 92106 0 S 497.87' TO POB.
SECT-02 TWP-114 RNG-022 Ell2 SWl/4
& Wll2 SEl/4 LYING S OF HWY 13.
LYING N & E OF BROOKSVILLE CENTER
2ND & ENIVID 1 ST ADDN & LYING W OF
TORONTO AV EX COM SE COR OF 1-1.
BROOKSVILLE CENTER 2ND. N'ERL Y TO
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259020210 BEALMAKEPARTNERSLLC 3535 VIA FLORES SAN DIEGO C 92106 16760 TORONTO AV SE POB, W 125' TOPOB.
253910030 KEYSTONE COMMUNITIES OF PR 5200 WILSON RD STE 150 EDINA M 55424 4685 PARK NICOLLET AV SE PLAT-25391 PARK NICOLLET ADDN 2 2 SECT -02 TWP-114 RNG-022
253910040 HEALTHSYSTEM MINNESOTA 6500 EXCELSIOR BLVD ST LOUIS PARK M 55416 4637 PARK NICOLLET AV SE PLAT-25391 PARK NICOLLET ADDN 3 2 SECT -02 TWP-114 RNG-022
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W 700' TO POB, W 150', N 587.20'T0 S
ROW HWY. NE TO PT N OF POB, S . CURVE SE 127.06', N 79-15-49 E11.13'
697.87' TO POB EX W 25'L YING N OF TO E LINE OF ABOVE TCT 61.23' S OF
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259020481 PRIOR LAKE, CITY OF 16200 EAGLE CREEK AV PRIOR LAKE M 55372 0 102.3' TO POB TERMINATING
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697.87' TO POB EX W 25'EX P/O LYING N 11.13' TO ELINE OFABOVE PARCEL
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259020480 BORKA,LORRAINE 14384 RUTGERS ST NE PRIOR LAKE M 55372 0 102.3' & THERE TERM
SECT -02 TWP-114 RNG-022 Wll2 SEl/4
COM 977.13' N & 412.50' W OF SE COR,
259020220 PREMIER EQUITY INVESTMENTS 3237 HENNEPIN AV MINNEAPOLIS M 55408 16829 TORONTO AV SE W 412.5'.S 273', E 412.5', N 273' TO POB.
252460010 COVERDALE FAMILY L TO PTNSH 513 SPRING LAKE DR MELBOURNE FL 32940 4680 TOWER ST SE PLAT-25246 TOWER HILL APARTMENT EAST 1 1
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NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE
ZONING ORDINANCE FOR OFF-STREET PARKING
You are hereby notified that the Prior Lake Planning Commission will hold a
public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road
SE (Southwest of the intersection of County Road 21 and Fish Point Road), on:
Monday, December 8, 2003, at 6:30 p.m. or as soon thereafter as possible.
REQUEST: Variances to have less than the minimum number of
required parking stalls for Hollywood Bar & Grill.
APPLICANT: City of Prior lake
OWNER: Bealmake Partners
SUBJECT SITE: 16701 Toronto Avenue SE, legally described as part of the
S % of Section 2, Township 114, Range 22, Scott County,
Minnesota.
If you are interested in this issue, you should attend the hearing. Questions
related to this hearing should be directed to the Prior Lake Planning Department
by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday
through Friday. The Planning Commission will accept oral and/or written
comments. Oral or written comments should relate to how the proposed
construction and requested variances are or are not consistent with the Zoning
Ordinance and variance hardship criteria.
Prepared this 17th day of November 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be published in the Prior Lake American on Saturday, November 22, 2003.
L:\03 Files\03 Variances\Hollywood\Public Hearing Notice.doc
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
December 9, 2003
Anthony Stamson
16095 Wren Court SE
Prior Lake, MN 55372
Dear Mr. Stamson:
Enclosed please find Resolutions 03-014PC and 03-015PC for the Priordale Mall
and Hollywood Bar & Grill Variances, as adopted by the Planning Commission on
December 8, 2003. Please review and sign the resolutions and return them in
the enclosed self-addressed stamped envelope.
Should you have any questions, please feel free to contact me at 447-9813.
Thank you. Happy Holidays.
Sincerely,
Enclosures
'.,
.
-
--
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Ave. S.E.
Prior Lake, Minnesota 55372-1714
RETURN SERVICE REQlIESTED
PREMIER EQUITY INVESTMENTS INC
3237 HENNEPIN AV
MINNEAPOLIS. MN 55408
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SAINT LOUIS PARK MN 55~ib-250e
RETURN TO SENDER
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