Conditional Use Permits - Resolution 23-08 - Restaurant - 1/17/2023 CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION NO. 23-08
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR 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 a restaurant by conditional use permit; and
WHEREAS,Yachtzee Holdings LLC has submitted a conditional use permit application
and plan sets for the development of 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 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 a restaurant to be located at 4165
Shoreline Drive in Spring Park per the narrative and plans sets for the restaurant presented on
January 17, 2023, subject to the following conditions:
l. All applicable American Disability Act(ADA) requirements related to parking
requirements, site and building access shall be satisfied.
2. Restaurant deliveries shall occur during daytime hours of 7 AM and 10 PM.
3. If the City approves the removal of the oak tree in the southwest portion of the
parking lot, the applicant shall convert this area into parking and wider drive aisles
and add vertical planting (trees or shrubs) along the edge of the parking lot at the
southwest corner of the building to screen the lights and activities within the outdoor
dining area.
4. Rooftop mechanical equipment shall be screened from view of adjacent properties
and public rights-of-way (Shoreline Drive).
5. The trash enclosure shall be remotely locked to prevent access. Access to the trash
enclosure shall take place only between the hours of 7 am and 10 pm on weekdays
and 8 am and 8 pm on weekends and holidays.
6. Issues related to grading, drainage and utilities shall be subject to comment and
recommendation by the City Engineer.
7. The noise control elements cited in the project narrative shall be conditions of the
conditional use permit and may be enforced by the City.
8. 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.
9. Noise level durations of six minutes or more which are in excess of what is allowed
shall alert the on-site management to take immediate actions to reduce the noise
levels at the site.
10. In the event of the applicant receiving four documented noise-related complaints, the
City Council reserves the right to limit hours of outdoor operations.
11. Staff is directed to draft and transmit these recommendations and information in
accordance with the City Code.
12. A construction phasing plan to be submitted prior to any work being performed on
site.
13. An air scrubber must be included on the architectural plans to combat external odors.
14. If it is demonstrated that hotel, restaurant patrons, or staff are illegally trespassing
and parking on private property,beyond 4165 Shoreline Drive, the City reserves the
right to require the Yacht Club to pursue a conditional use permit for off-site parking.
15. Yachtzee Holdings, LLC agrees to be in compliance with any and all City Ordinances
of the City of Spring Park before any certificate of occupancy is issued.
Adopted by the City Council of the City of Spring Park this 17th day of January, 2023.
By: _7
Joi e P. Ro vam, Mayor
s
J mie offinan, City Clerk