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Conditional Use Permits - Permit# 22-02 LUA - 4165 Shoreline Drive - 11/7/2022 Application No. 22-6)— LUA CITY OF SPRING PARK GENERAL LAND USE APPLICATION SPRING PARK On Gaff Winnetonka APPLICATION TYPE: ❑ Ordinance Amendment ❑Variance Request ❑ Interim Use Permit Request Conditional Use Permit ❑ Rezoning Request ❑ Site & Building Plan Review ❑Administrative Permit ❑ Other(please specify below) PROPERTY INFORMATION Q Property Identification Number((PID): j� I V — I �I 1, Street Address: 5 JVcr r y a Legal Description: `� w' p Other Information: >Kt!�tU I a`' U Su r sfr.� I�i 0• I � �h�1 e i r1 APPLICANT INFORMATION Mal BIZ - 120- ILA 67 pplica t 14ame \ Phone t HOW ' b-6 ���V1 a ���r� M Business Name j Clity State Zip Code LAI I S�t�r r` lob Df 'Uf2 120 I _ D usmess Address E-mail Address E :1ZD - lye Name/ itle ontact Pers n Cell Phone#For Contact Person PRO ERTY OWNER INFORMATION(if different than applicant) l GPI Z-120- H o Own is Name 'I Phone c1 t 2crJ HnF m t ,,& Business Name City State ip Code Business Address i E-mail Ac1dress G 2- 1�)- Name Title Contact P rson 'Cell Phone# For Contact Person DESCRIPTION OF REQUEST Existing Use of Property: OffiCCI City of Spring Park-4349 Warren Avenue,Spring Park,MN 55384 Phone: (952) 471-9051 / Fax: (952) 471-9160 /Web:www.ci.spring-park.mn.us Nature of Proposed Use: Reason to Approve Request: C\ G I V U Please describe any previous applications pertaining to the subject site: Project Name: Vr, adn i C �-A-,k a0fd / k dZ( n GU Date of Application: b APPLICATION FEES&EXPENSES: The undersigned has paid the application fees and posted the required escrows for this application. The undersigned agrees to pay all expenses incurred by the City of Spring Park for review and processing of this application,including expenses for legal, planning, engineering,administrative and/or other professional services. If these expenses exceed the application fee paid and the posted escrows, the undersigned understands and agrees that it is the responsibility of the applicant and property owner to pay such expenses in full within 30 days of the date of the bill from the City. If the City does not receive payment in full within 30 days of the date of the bill,the City may approve a special assessment against the property for the full amount of such unpaid expenses and the property owner specifically agrees to waive all appeals under Minnesota Statutes 429.82. All fees and expenses are payable in full whether the application is approved or denied. Escrow funds received in excess of the City's expenses for review and processing of the application will be returned to the applicant/property owner. I,the undersigned,hereby apply for the considerations described above and declare that the information and materials submitted in support of this application are in compliance with adopted City policy, code, and ordinance requirements and are complete to the best of my knowledge. I understand that this application will be processed in accordance with the established City review procedures and Minnesota Statutes Section 15.99,as amended,supplemented,or replaced from time to time,at such time as it is determined to be complete. Pursuant to Minnesota Statutes Section 15.99,as amended,supplemented or replaced from time to time,the City will notify the applicant within 15 business days from the filing date of any incomplete or other information necessary to complete the application. Failure on my part to supply all necessary information as requested by the City may be cause for denial of this application. A complete application shall include a completed and signed application form,payment of all required fees and escrows,and a complete plan submission for the specific application. The undersigned, an applicant for a permit under the rules and regulations of the City of Spring Park, understands and consents to the release and use of private or confidential data,as described above. I acknowledge and grant permission to any City staff members, city consultants, council, or planning commission members to access the property named in this application at any time during the application process in order to view, evaluate and understand this request. Applicant Printed Name: V=C I, h lo) I �JY 1 Date: 2 Property Owner. C� l/► I "e�/ �'�'� �G I�Vv (For office use only) Date application received: Property owner permission? Yes No *` Fee Amount: 5D b' bU Receipt/Check#:al I Sample written notice to prop.owners? Yes No Escrow Amount: �156b•Db Receipt/Check#: OC ��a Certificate of Insurance? Yes No Orono Police Dept Approval? Yes No Severe Weather/Emergency Plan? Yes No By: Date: Alcohol Security Plan? Yes No Mound Fire Dept Approval? Yes No Master Site Plan? Yes No By: Date: Additional permits? Yes No City Staff Recommendation? Yes No Food truck? Yes No By: Date: Temporary sign? Yes No City Council Approval? Yes No Building permit? Yes No Additional conditions attached? Yes No MFD—tent,fireworks,rec. fire? Yes No Permit#: 4:�oL ✓�� �"`-" `Date: HC/LMCD/Three Rivers? Yes No Comments: l)d�/.. �� ID 75-1752/910 2182 OLSEN GLOBAL LLC 3066 ISLAND VIEW DR. MOUND,MN 55364 DATE lot _! PAY TO ' � p THE ORDER OF BRIDMEWATE LBANK www.aanGEwATEAmww.w.coM MEMO CN/ S 41- i:0910L ? S23i: 8LL24839um 02 LIB 2 LOOK FOR FRAUD•DETERRINO FEATURES INCLUDING THE SECURITY SQUARE AND NEATJIP.ACTIVE INK.DETAILS ON BACK. CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 23-09 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR DINING ACCESSORY TO A RESTAURANT WITHIN A C-4 COMMERCIAL OFFICE ZONING DISTRICT AT 4165 SHORELINE DRIVE WITHIN THE CITY OF SPRING PARK WHEREAS,the property at 4165 Shoreline Drive is zoned C-4 Commercial Office District which allows for outdoor dining accessory to a restaurant by conditional use permit; and WHEREAS,Yachtzee Holdings LLC has submitted a conditional use permit application and plans sets for the development of outdoor dining accessory to a restaurant at 4165 Shoreline Drive: and WHEREAS, City Staff have reviewed submitted application, narrative and plans and prepared planning reports dated December 5, 2022, January 11, 2023, and January 17, 2023; and WHEREAS,the Spring Park Planning Commission met and held a public hearing on December 14, 2022 and January 11, 2023 to consider the conditional use request, the staff reports, and to take public testimony. WHEREAS,upon closing the public hearing, the Planning Commission recommended that the City Council approves the conditional use permit for outdoor dining accessory to a restaurant at 4165 Shoreline Drive subject to the conditions outlined in the January 11, 2023, Planning Report as amended and based on the following findings: 1. The location of the subject property is as follows: 4165 Shoreline Drive 2. The planning report dated January 11, 2023 prepared by WSB is incorporated herein by reference. 3. The Applicant submitted applications for three conditional use permits to allow for the construction of a hotel, restaurant and outdoor dining accessory to the restaurant in a C- 4 Commercial Office District. 4. Requests for conditional use permits require Planning Commission review and City Council approval. 5. Upon review of the planning report and application information, the Planning Commission found that the proposed plans, not including the proposed plunge pool, which has been removed from the request at this time, meet all Ordinance requirements and requirements set forth in Section 42-140 of the Zoning Ordinance. The following findings support the Planning Commission's recommendation for approval: a. The proposed improvements (except the proposed plunge pool which has been removed from the request) meet Zoning and Shoreland Overlay District requirements. b. The proposed uses present no unreasonable hazard to the surrounding area and community as a whole. c. Specific problems with the proposed location of the uses, as set forth in the staff report will be overcome. d. The proposed uses are compatible with present and future land uses of the area where the use is proposed to be located. e. There will be no significant negative impact on the peaceful and quiet enjoyment of surrounding property with regard to these uses. WHEREAS, the Spring Park City Council met on January 17, 2023, to consider the conditional use permit application; and WHEREAS,the Spring Park City Council has received the aforementioned plans, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendations of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of Spring Park, Minnesota hereby approves the conditional use permit for outdoor dining accessory to a restaurant to be located at 4165 Shoreline Drive in Spring Park per the narrative and plans sets, presented on January 17, 2023, subject to the following conditions: 1. The City approve the conditional use permit to allow a restaurant use upon the subject property (the principal use to which outdoor dining will be an accessory activity). 2. The outdoor dining shall be limited to no more than 75 seats, shall not exceed the floor area illustrated on the approved site and building plans and shall comply with the design requirements of the Spring Park Zoning Code. 3. The entire outdoor dining area shall be enclosed with a fence or railing. The applicant shall provide details on locations and design of gates and latches providing access and egress to the dining area. 4. All applicable American Disability Act(ADA) requirements shall be satisfied. 5. The noise control elements cited in the project narrative shall be conditions of the conditional use permit and may be enforced by the City. 6. Collected noise monitoring data shall be shared monthly with the City to establish a record of noise levels and to track noise complaints and violations. 7. Noise level durations of six minutes or more in excess of what is allowed shall alert the on-site management to take immediate actions to reduce the noise levels at the site. 8. In the event of the applicant receiving four documented noise-related complaints, the City Council reserves the right to limit hours of outdoor operations. 9. Outdoor dining activities shall cease at 10 pm. 10. Live outdoor music performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. 11. Refuse containers shall be provided within the outdoor dining area. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter. 12. Yacht Club property owners (or their designees) shall pick up litter within 100 feet of the outdoor dining area. 13. Staff is directed to draft and transmit these recommendations and information in accordance with the City Code. 14. A construction phasing plan to be submitted prior to any work being performed on site. Adopted by the City Council of the City of Spring Park this ? day of J-tinva 2023. By: f, , JicKome P. Ro4 am, Mayor J ie Hoffinan, City C rk