HomeMy WebLinkAbout10A - 16760 Toronta Avenue - Larryu Mechura
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 16, 1998
lOA
JENNI TOVAE4 PLANNER
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 98-XX
APPROVING CONDITIONAL USE PERMIT FOR LARRY
MECHURA D.B.A. P.D. BILLIARDS AND ARCADE ON
PROPERTY LOCATED AT 16760 TORONTO AVENUE.
Historv
On September 16, 1996, the City Council adopted Ordinance 96-24
permitting "Game Rooms" as conditional uses in the B-3 (General
Business) zoning district with four conditions. Those conditions are:
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.
On September 28, 1998 the City received an application for a
Conditional Use Permit from Larry Mechura, d.b.a. P.D. Billiards and
Arcade, to begin operation in the building located at the Priordale
Mall.
Current Conditions
The Priordale Mall is an existing building and variou,s tenants occupy
the space. Specific issues relating to the site such as landscaping are
not an issue in this review.
On November 9, 1998, the Planning Commission held a public
hearing. The applicant and Neil Boderman, Priordale Mall owner,
were the only persons present to offer public comment. Mr. Mechura
described the proposed use and answered the Planning Commission
questions. Mr. Boderman supported Mr. Mechura's use. Mr. Mechura
and Mr. Boderman concurred with the recommended conditions.
Following closure ofthe public hearing, the Planning Commission
b:l98FILES\28CUP\98-135\28:.l35CC.DOE l
162 U cagle Creek Ave. ~.t.., Prior ake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
recommended approval of the conditional use permit 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. ''NO LOITERING" signs are to be posted in the parking lot in
front of the proposed use.
4. This CUP is to be reviewed one year from the date of approval
(November 1999). Such review is to include a police report and
detail of activities or problems occurring with the use.
5. The sound system is to be controlled by employees of the game
room and located inside the building.
6. The site (leased space) shall be designated as a non-smoking area.
7. The applicant must obtain all necessary building permits and
certificates of occupancy prior to occupying the leased space.
8. The applicant has until one year from 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.
The Planning Commission commended the applicant on fulfilling a
need in the community and for making the game room a no smoking
and no alcohol environment. The Planning Commission felt the
proposed hours of operation are consistent with the curfew ordinance
as long as the curfew is enforced. No restrictions on hours of
operation were suggested. The Planning Commission wants to review
the CUP in a year to ensure that any unforeseen problems which may
arise can be addressed in a formal manner. Because this use is new to
Prior Lake, there may be situations that arise which will need to be
dealt with. Additionally, the Planning Commission adopted
Resolution 98-34PC approving the conditional sign permit
accompanying the proposed use.
The Issues
The City Council must determine if the CUP complies with the
conditions set forth in the ordinance and concurs with the Planning
Commission's and staffs recommendation to approve the CUP.
Section 7.5(C) sets forth several criteria for approval ofa CUP. These
criteria and the staff analysis of compliance with these criteria are set
forth below;
L:\98FILES\98CUP\98-135\98-135CC.DOC
2
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~se 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 Priordale Mall is not adjacent to
residential properties. 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 circulation 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 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 shift. There is only one employee at
the proposed facility, thus only one parking stall is required.
L:\98FILES\98CUP\98-135\98-135CC.DOC
3
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
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 and
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
Noise
Odors
Glare
Water pollution.
Electrical disturbance,
Vibrations,
Air pollution,
Erosion,
The proposed project is not expected to result in any ofthe nuisance
factors set forth in the performance standards and is thus consistent
with these standards.
Conclusion
The Planning Commission and staff recommend approval of the CUP
with the conditions as stated in the attached resolution.
There is no fiscal impact if the variance is approve or denied.
1. Adopt Resolution 98-XX approving CUP for P.D. Billiards and
Arcade as presented or with modified conditions.
2. Deny Resolution 98-XX and direct the staffto prepare a resolution
denying the Conditional Use Permit with specific findings of fact.
3. Defer this item and provide staffwith specific direction.
The staff recommends Alternative #1, adoption of Resolution 98-XX
approving a conditional use permit for P.D. Billiards and Arcade.
L:\98FILES\98CUP\98-135\98-135CC.DOC
RESOLUTION 98-XX
Ar .tnOVING A CONDITIONAL USE PERMIT TO CONDUCT A GAME ROOM AT
16760 TORONTO AVENUE ON PROPERTY LOCATED INlllli B-3 GENERAL
BUSINESS ZONING DISTRICT FOR LARRY MECHURA
D.B.A. P.D. BILLIARDS AND ARCADE
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on
November 9, 1998 to consider an application from Larry Mechura d.b.a. P.D.
Billiards and Arcade for a Conditional Use Permit (CUP) and the City
Council heard the case on November 16, 1998; and
WHEREAS, notice of the public hearing on said CUP has been duly published In
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the game room; and
WHEREAS, finds the proposed use consistent with the Year 2010 Comprehensive Plan;
and
WHEREAS, the Planning Commission and City Council find the CUP of P.D. Billiards
and Arcade in harmony with both existing and proposed development in the
area surrounding the project; and
WHEREAS, the Planning Commission and City Council find the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance as
they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW T.l::lliREFORE, BE IT RESOLVED BY Tllli CITY COUNCIL OF PRIOR LAKE:
that it approve the CUP for Larry Mechura, d.b.a. P.D. Billiards and Arcade for property located
at 16760 Toronto Avenue, and legally described as follows:
That part of Lot 1, Block 1, plat ofBROOKSVILLE CENTER 1ST ADDITION, Scott County,
Minnesota, together with that 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 follows:
16200 ~i~rJie.'2~~uR'39~~~~9~r15r~~ke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~iga17-4245
AN EQUAL OPPORTUNITY EMPLOYER
Commencing at the most Northerly Westerly comer 'N said Lot 1, said comer being on the
Southerly right-of-way line of Trunk Highway No. 13; 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 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 feet 55 inches East
a distance of 460.00 feet along the Northerly line of said Lot 1, to a point distant 850.00 feet
West (as measured at right angles) of the East line of said West one-half of the Southeast
Quarter; thence North 00 degrees 14 feet 5 inches East parallel with said East line a distance of
430.00 feet; thence South 89 degrees 45 feet 55 inches East a distance of 150.00 feet; thence
North 00 degrees 14 feet 5 inches East a distance of 497.9 feet, more or less, to its intersection
with the Southeasterly right of way line of State Trunk Highway No. 13; thence Southwesterly
along said Southeasterly right of way line to the point of beginning.
Together with an easement for roadway purposes over and across a strip of land 25 feet in width,
the Easterly line of said strip is described as follows: Commencing at the most Northerly,
Westerly comer 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 the 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 the southeast comer of Lot 1, Block 1, BROOKSVILLE CENTER 2ND
ADDITION, Scott County Minnesota; thence North 12 degrees 08 minutes 08 seconds West
along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast comer of said Lot
1; thence North 61 degrees 16 minutes 31 seconds East a distance of 25 .00 feet; thence South 24
degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast comer of Lot 2,
Block 1, of said plat; thence westerly along the north line of said Lot 2, a distance of 125 feet to
the point of beginning.
BE IT FURTHER RESOLVED, the approved conditional use permit is subject to 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. "NO LOITERING" signs are to be posted in the parking lot in front of the proposed use.
4. This CUP is to be reviewed one year from the date of approval (November 1999). Such
review is to include a police reports and detail of activities or problems occurring with the
use.
5. The sound system is to be controlled by employees of the game room and located inside the
building.
6. The site (leased space) shall be designated as a non-smoking area.
7. The applicant must obtain all necessary building permits and certificates of occupancy prior
to occupying the leased space.
1:\98files\98cup\98-135\rs98-xx.doc
Page 2
8. The applicant has until one year from 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 ofthe resolution has been submitted to the City.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for P.D. Billiards and Arcade. The contents of Planning Case File #98-135 are hereby
entered into and made a part of the public record and the record of the decision for this case.
Passed and adopted this 16th day of November, 1998.
YES
NO
Mader
Kedrowski
Petersen
Schenck
Wuellner
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
City Manager,
City of Prior Lake
1: \98files\98cup\98-135\rs98-xx.doc
Page 3
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.
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16200 Eagle creek Ave. ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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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 SEe uONS 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 publicfor afee. 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 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.
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 Ea~~5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNrTi E:\olPLOYER
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this / ~-,day of:;, r-),hJ)~~-1996.
An1~L
City Mr ) / Nfuyor
PUbliS~ Prior Lake American on the /'J.-dayof OCtbb-er
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. 1996.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue Prior Lake,:MN. 55372
ARCADORD.DOCIKK
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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 (10:00) P.M. and five
o'clock (5:00) A.M. of the following day, official City ti.me, unless
accompanied by his/her parent or guardian, or person having laWful ctJstody
and control of his /her person or unless there exists a reasonable necessity
therefor, unless going to or from an adult sponsored activity or in case of an
emergency. The fact that said child, unaa:ompanied by parent, guardian or
other person having legal ctJstocly 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 unlawfully
present and that no reasonable exctJse exists therefor. (Ord. 75-8, 5-5:-75;
readopted Ord. 72-8, 8-21-72)
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(B)
2. It shall be unlawful for any person under the age of eighteen (18) years
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 person to violate the
provisions of subsections (A) 1 and (A)2 hereof.
(C)
Establishment Owners' Responsibility: It shall be unlawful for any person
operating or in charge of any place of amusement, entertainment or
refreshment, or other place of business, to permit any minor under the age
of eighteen (18) years to loiter, loaf or idle in such place after nine o'clock to .
(9:00) P.M. It shall be unlawful for any person under the age of eighteen
(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
. --../
1. See Title 3, Chaplllr 1 of this Code.
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10-3-10
10-3-11
C) This Section shall not be constnJed as permitting the presenca at any time of.-
any person under eighteen (18) years in any place where his presenca 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 placa 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 person refuses to leave the said place of business, the operator shall
immediately notify the Polica Department and inform them of the violation.
(0)
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 of
said minor child. (Ord. 75-8, 5-6-75; readopted Ord. 72~, 8-21-72)
IE)
Violation, Penalty: Any person violating any of the provisions of this Section
shall upon conviction be guilty of a misdemeanor and be punished by a fine
not to exceed five hundred dollars ($500.00) or by imprisonment not
exceeding ninety (90) days. (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) 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 so 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~, 8-21-72)
(C) Anyone who violates this Section shall be guilty of a misdemeanor and be
fined not to exceed five hundred dollars ($500.00) or imprisoned not more
than ninety (90) days. (Ord. 71-16, 9-13-71; readopted Ord. 72~, 8-21-72;
amd. 1979 Code)
. .
Lawrence C. Mechura
16587 Five Hawks Ave S.E.
Prior Lake, MN 55372
City of Prior Lake
BuildingsIPlans Examiner
16200 Eagle Creek Ave S.E.
Prior Lake, MN 55372
To whom this may concern:
My long term goal of the P.O. 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 totally supervised under the guidelines of the city ordience. 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 room will be
constructed by landlord at the recommendations of the City of Prior Lake Plans Examiner.
Thank You.
Sincerely,
Lany C. Mechura ~
P~~~d~illl!l ~
Prior Lake, MN 55372
Phone:447-2168
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