| | | | | | | | 
Shakopee Board of Adjustments and Appeals
September 7, 2017
|
| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Board of Adjustment and Appeals |
|
| | | | | | | | Subject:
PUBLIC HEARING - Caselog #17-042: Conditional Use Permit to Extend Hours of Operation of Outdoor Patio. |
| | | | | | | | Policy/Action Requested:
Adopt Resolution No. PC17-042, a resolution approving the Conditional Use Permit to extend hours of operation for proposed restaurants’ outdoor patio areas to 2:00 a.m. for property located East of CR 21, North of CR 18, and west of Crossings Blvd., and move its adoption. |
| | | | | | | | Recommendation:
Staff and outside agencies have reviewed the proposal and have recommended approval, subject to the conditions of the draft resolution. |
| | | | | | | | Discussion:
Sambatek, Inc., applicant, and Shakopee Crossings Limited Partnership, property owner, are requesting that the Board of Adjustment and Appeals approve their request to extend hours of operation for proposed restaurants’ outdoor patio areas to 2:00 a.m. for property located East of CR 21, North of CR 18, and west of Crossings Blvd.
The subject property consists of two parcels, approximately 1.9 and 0.9 acres respectively, and is located north of Home Depot and south of Marcus Southbridge Crossing Cinema, and is zoned B-1 Highway Business Zone with a PUD Overlay.
The proposal pertains to two new platted lots that will accommodate an approx. 6,500 square foot building (future restaurant), and an approx. 5,000 square foot building (future tenants including a restaurant). The applicant has submitted a Conditional Use Permit requesting approval for the restaurants to have their outdoor patios open to 2:00 a.m.
151.040 C (1) states that Restaurants, Class I or Class II, that have an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located require approval of a Conditional Use Permit. Specific conditions of this request are as follows:
(a) All patios and congregation areas are subject to the city's noise regulations;
(b) Any lights on the patios and congregation areas are subject to the city's regulations pertaining to illumination standards at the property line;
(c) Exterior congregation areas which serve alcohol shall physically delineate the exterior area which alcohol is to be served. This delineation shall clearly define the space, with a clear access and exit. Delineation examples shall include, but not be limited to: grade changes, material changes, decking, or planters;
(d) The entry to the outdoor patio or congregation areas is to be compact and contiguous with the structure; and
(e) Exterior congregation areas that utilize pedestrian areas, such as a public or private sidewalk or walkway, shall maintain a clear 4 foot path for pedestrian walkway.
Staff believe that these proposed patio areas would be consistent with the above regulations. Detailed review of these sites at time of building permit will ensure compliance with all applicable City Code requirements. A draft resolution that includes staff conditions of approval is attached for the Board’s consideration and approval.
|
|