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Resolution - 18-08 - CUP & Variance for Back Channel BrewingRESOLUTION NO. 18-08 CITY OF SPRING PARK HENNEPIN COUNTY, MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW AN EXPANISON ON THE OUTDOOR DRINKING AND DINING AREA IN EXCESS OF 30% OF THE INDOOR CUSTOMER AREA FOR BACK CHANNEL BREWERY AND TAPROOM LOCATED AT 4787 SHORELINE DRIVE WITHIN THE CITY OF SPRING PARK WHEREAS, Back Channel Brewing has applied for a conditional use permit and variance to expand their outdoor dining and drinking area in excess of 30% of the indoor customer area at their property located at 4787 Shoreline Drive with parcel number 181-172-3330048 in the City of Spring Park; and WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated April 6, 2018; and WHEREAS, the Planning Commission of the City of Spring Park met and held a public hearing on April 11, 2018 to consider the application materials, the April 6, 2018 planning report, applicant presentation, and public testimony; and WHEREAS, the Planning Commission of Spring Park upon closing the public hearing on April 11, 2018 and voted 5 to 0, to approve the variance to allow for a larger outdoor dining and drinking area with the following findings. 1. The site is zoned C-2 district and the use is allowed within the district. 2. There is precedent within the city to a larger outdoor dining/ drinking area. 3. The Applicants site plan and narrative have outlined location, design, and operation elements to reduced compatibility issues for surrounding properties. 4. The site has available parking to address the expanded patio. WHERAS, upon approving the requested variance the Planning Commission voted 5 to 0 to recommend approval of the conditional use for the expanded outdoor drinking and dining area for Back Channel Brewery / Taproom in accordance with the plan and narrative dated April 2, 2018 with the conditions outlined in the NAC planning report dated April 6, 2018; and WHEREAS, the City Council of the City of Spring Park met on April 16, 2018 to consider the conditional use permit and variance application; and WHEREAS, the City Council of the City of Spring Park agrees with the findings and recommendations of the Planning Commission and the NAC planning report dated April 6, 2018. NOW, THEREFORE BE IF RESOLVED that the City Council of Spring Park, Minnesota hereby approves the conditional use permit and variance for a brewery / taproom to expand their outdoor drinking and dining area in excess of 30% of the indoor customer area of the principal building subject to the following conditions. A. Approval of a variance and conditional use permit to allow a taproom patio to exceed 30 percent of the floor area of the principal structure subject to the following conditions. 1. The applicant constructs the expanded patio in accordance with the approved site plan and narrative dated 4/2/18. 2. Applicant amends its taproom on -sale license to include the expanded service area. 3. An emergency exit shall be added to the north side of the expanded patio area. 4. No new speakers shall be installed in the expanded patio area. 5. A detail of the expanded outdoor patio area be provided which addresses the following items: a. The expansion of the concrete sidewalk south of the building to provide a uniform floor level and surfacing. b. Submission of a gate detail and gate latch. c. Demonstration of the minimum 36-inch clear aisle between the tables and chairs. d. Demonstration that the patio area is disability accessible. e. Seating and table layout and the game area layout. 6. Comments of other City Staff. 7. Applicant obtains a building permit for the patio expansion. ADOPTED by the City Council of the City of Spring Park this 16th day of April, 2018. ATTEST: By: eresa Schyma, Ci y Clerk CITY OF SPIRIN P Jerry R kvam, Mayor 2