HomeMy WebLinkAbout5.F.3. Request to Amend Club On-Sale Liquor License-VFW Post 4046 SF.~-
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Memorandum ~
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Request to Amend Club On-Sale Liquor License -VFW Post 4046
DATE: May 16, 2008
INTRODUCTION:
City Council is asked to consider the request of the VFW Post 4046 to amend their Club On Sale
Liquor License and Sunday On Sale Liquor License to include an outdoor patio area.
BACKGROUND:
The VFW Post 4046 holds both a club on-sale and a Sunday on-sale liquor license. They have
submitted a letter asking that their licenses be expanded to include a proposed out outdoor. patio
area. The outdoor patio area will be immediately adjacent to the north of the building with access
from the interior of the building. The outdoor area will provide a smoking area for the patrons of
the VFW and the expansion of the liquor licenses will allow for the service and consumption of
alcohol within the outdoor patio area as well.
On May 22, 2008, the Board of Adjustment and Appeals will be considering a Conditional Use
Permit for the outdoor patio area. Planning staff is recommending that the CUP contain a condition
that no alcohol possession or consumption in the patio area shall occur after 11:00 p.m. (This time
is acceptable to the nearest residents who voiced concerns to staff about the consumption of alcohol
within the patio area.) It is recommended that the license amendment limit possession or
consumption to 11:00 p.m. as well. (Copy of DRAFT CUP attached.)
The Police Department, Captain Tate, has advised that he is okay with the VFW plan for the
outdoor patio area which includes a 40" fence on the two open sides.
City Council has previously amended the liquor licenses to include outside consumption of alcohol
for a number of establishments within the community. In all cases the outside area is screened and
access is from the interior of the buildings.
ALTERNATIVES:
1. Approve request and amend the licenses to allow outdoor drinking with no conditions.
2. Approve request and amend the licenses to allow outdoor drinking with conditions.
3. Deny the request to have outdoor drinking.
Request to Amend Liquor Licenses -VFW Post 4046
May 16, 2008
Page -2-
RECOMMENDED ACTION:
If Council concurs, approve an amendment to the Club On Sale- Liquor License and the Sunday On
Sale Liquor License of the VFW Post 4046 to allow alcohol within the fenced in patio area on the
north side of the building, conditioned upon approval of a Conditional Use Permit by the Board of
Adjustment and Appeals and that no alcohol possession or consumption shall occur within the patio
area after 11:00 p.m.
I:liquor\VFW Outdoor Patio
Veterans Of Foreign Wars
POST N0.4046
1201 East 3rd. Avenue
Shakopee, MN 55379
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April 18, 2008
City of Shakopee
129 Holmes Street South
Shakopee, MN. 55379
Re: Liquor License
This is a request by VFW Post 4046 for the city of Shakopee to expand the scope of our
license to include the proposed outdoor patio area. This area will be fenced.
It is further requested that this license expansion be retro-active to date of approval with
amendment to current 2008 license.
Sincerely,
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Charles Brandmire
Manager VFW
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Veterans Of Foreign Wars
POST N0.4046
1201 East 3rd. Avenue
SF~akopee, MN 55379
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April, 2008
DRAFT - To be considered by the BOAR on May 22, 2008
RESOLUTION NO. PC08-026
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A
CONDITIONAL USE PERMIT FOR A PRIVATE CLUB IN THE HIGHWAY BUSINESS
(B-1) ZONE
WHEREAS, VFW Post 4046, applicant & property owner, have filed an application dated
April 10, 2008, for a Conditional Use Permit for a private club under the provisions of Chapter 11
(Zoning) of the Shakopee City Code, Section 11.36 (Highway Business Zone), Subd. 3.
(Conditional Uses); and
WHEREAS, this parcel is presently zoned Highway Business (B-1) Zone; and
WHEREAS, the property upon which the request is being made is legally described as:
Lots 2, 3, and 4, Block 1, Furrie's 2"d Addition, Scott County, Minnesota; and
WHEREAS, notice was provided and on May 22, 2008, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the
Community Development Director and invited members of the public to comment.
NOW THEREFORE, BE IT RESOLVED BY THE.BOARD OF ADJUSTMENT AND.
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Board hereby adopts the following findings of fact;
Finding #1 The Board hasp 't received any evidence that the use will be injurious to the use and
enjoyment of other property in the vicinity or that it will substantially diminish or
impair property values. Use of the proposed patio and the traffic that would be
generated by it are expected to be compatible with surrounding uses.
Finding #2 The Board has not received any evidence that the conditional use permit will impede
the normal and orderly development and improvement of surrounding vacant
property for uses allowed in the area.
Finding #3 Adequate utilities, access roads, drainage and other necessary facilities exist.
Finding #4 The use is consistent with the purposes of the zone in which the applicant intends to
locate the proposed use.
Finding #S The use is not in conflict with the Comprehensive Plan.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit No. PC08-026 is
hereby GRANTED, subject to the following conditions:
1. Patio location and design shall be consistent with the submitted site plan.
2. Shall meet the design and performance standards required by the City Code.
3. Alcohol possession or consumption in the patio area shall be consistent with the service
times specified in the Liquor License for this establishment; except that no alcohol
possession or consumption in the patio area shall occur after 11:00 p.m.
4. The number of tables in the patio area is not to exceed four tables and seating shall be
limited to 20 chairs.
5. The patio area and fencing must be separated from the parking lot by curbing.
6. Fencing is to be a minimum of 40" in height and is to be no taller than 6' 6".
7. A future canopy or awning must be approved by City staff and meet the applicable Building,
Fire, and MN Dept of Health standards.
8. A minimum of two (2) 36" gates must be provided in the patio area. Gates shall be separated
by 1/3 the diagonal of the patio.
9. The gates must utilize exterior rated panic hardware or an approved alternate type exit
hardware.
10. Emergency lighting for the patio area must be provided.
11. The patio area must comply with Criteria for Outdoor Smoking Shelters and Areas.
12. Sign permits shall be required for any proposed signage, and signs shall comply with the
City Code requirements.
Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, this
22na day of May, 2008.
Chair of the Board of Adjustment and Appeals
ATTEST:
Community Development Director
PREPARED BY:
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
08026