Conditional Use Permits - Resolution 23-09 - Outdoor Dining - 1/17/2023 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.
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 /II "at aay4*91-%
2023.
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ieromc P. Rockvam, Mayor
Attest: r
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