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Home My WebLink About5.F.4. On Sale Liquor License-Salon Latino LLC CITY OF SHAKOPEE L.J • �. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: On Sale Liquor License — Salon Latino LLC DATE: May 12, 2011 INTRODUCTION: City Council is asked to consider the application of Salon Latino LLC for an on sale liquor license. BACKGROUND: Jose Luis Cobos, of Salon Latino LLC, has made application for an on sale liquor license at 810 East 1 Avenue. The application is in order and the evidence of insurance is on order. The Police Department has conducted the background investigation. The investigation has produced nothing that would prohibit the issuance of the license. A Conditional Use Permit to allow a minor commercial recreation facility in the B -1 zone was approved on March 3, 2011. VISIONING RELATIONSHIP: Goal F: Housekeeping RECOMMENDED ACTION: Approve the application and grant an on sale liquor license to Salon Latino LLC, 810 East 1St Avenue, effective July 1, 2011, conditioned upon compliance with all licensing requirements of the City Code. I/Liquor /SalonLatino RESOLUTION NO. PC11 -001 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MINOR COMMERCIAL RECREATION FACILITY AT 810 FIRST AVENUE EAST IN THE HIGHWAY BUSINESS (B -1) ZONE WHEREAS, Jose Cabos, applicant, and David and Ruth Yarusso, property owners, have filed an application for a Conditional Use Permit to allow a Minor Commercial Recreation Facility under the provisions of Chapter 11 (Zoning) of the Shakopee City Code, Section 11.36, Highway Business (B -1) 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 I through 10, inclusive of vacated alley, Block 10, East Shakopee, except the North 110 feet of Lots 9 and 10; also except the North 110 feet of the West 15 feet of Lot 8, all in Block 10, East Shakopee, Scott County, Minnesota; and WHEREAS, notice was provided and on March 3, 2011, 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; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit is hereby APPROVED, based on the following findings with respect to City Code Sec. 11.85, Subd. 1, "Criteria for Granting Conditional Use Permits" and subject to the following conditions: Finding #1 The Board finds that the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity, provided the conditions identified in the approved resolution are met. Finding #2 The Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surroundingpropertyfor uses allowed in the area, provided the conditions identified in the approved resolution are met. Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary facilities exist to serve the proposed use, provided the conditions identfi ed in the approved resolution are met. Finding #4 The Board finds that the use is consistent with the purposes of the Highway Business (B -1) Zone. Finding #5 The Board finds that the proposed use is consistent with the purposes of the Comprehensive Plan, which guides the subject property for commercial related uses. AGAIN, BE IT FURTHER RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit No. PC11 -001 is hereby GRANTED, subject to the following conditions: 1. Any proposed signage at this site (temporary, permanent and/or replacement) requires approval of city sign permits. 2. The applicant must provide the Building Official with additional rest room details and further details on the kitchen area, and a precise layout of the seating area and aisle width measurements. This information shall be provided prior to building permit approval. 3. This business shall require an on -sale intoxicating liquor license in order to serve intoxicating liquor on the premises, to be permitted for Monday through Saturday only. 4. Should the applicant propose the preparation and sale of food on the premises (catered food is proposed), appropriate licensing from the State Department of Health and installation of required kitchen equipment would be required. 5. Seating and/or dance floor area shall not exceed the requirements for providing of 31 parking spaces. Parking requirements are based on one (1) space per every three (3) seats, and one (1) space per every 50 square feet of dance floor area. 6. All events held within the building shall cease operation no later than 2:00 a.m. 7. Security personnel shall be responsible for clearing the parking lot of guests within 15 minutes of closing for the evening. 8. Security personnel shall be on duty any time that there is alcohol being served. 9. There shall be no events held in the parking lot. 10. There shall be an annual review of this permit in the Spring of 2012, 2013 & 2014. 11. The applicant shall be responsible for all Sewer Accessibility Charges (SACs) and Water Accessibility Charges (WACs) required by the Metropolitan Commission and Shakopee Public Utilities (SPUC). 12. All trash containers shall be located within trash enclosure(s) and shall comply with the City Code standards, which state that they shall be stored within the principal structure, shall be totally screened from public view by the principal building, or stored within an accessory structure constructed of building materials compatible with the principal building, enclosed by a roof, and served through swinging doors or an overhead door on tracks. 13. The applicant shall contact Shakopee Public Utilities if the proposed use requires any changes to the present service levels. 14. A Seating Plan shall be included in the Fire Safety and Evacuation Plan required in Minnesota State Fire Code (MSFC) 404.3. (MSFC 408.2) 15. A Fire Safety and Evacuation Plan shall be submitted to the Shakopee Fire Department for review and approval. Quarterly drills are required. (MSFC 404, 405 and 406) 16. The occupancy address shall be posted at exterior doors. Refer to Shakopee Fire Department Policy #01 -2000 for details. (MSFC 505) 17. The building owner shall install a fire department key box. The order form is available from the Shakopee Fire Department. 18. The tenant shall provide to the Shakopee Fire Department a minimum of 1 master key for the space. (MSFC 506) 19. The tenant shall comply with all applicable Shakopee Fire Department Policies. 20. An evaluation of the fire sprinkler system shall be completed based on the proposed occupancy. A qualified engineer shall perform the evaluation to determine that the fire sprinkler system is properly designed to protect the proposed tenant/hazard classification(s). Results of the analysis shall be provided to the Shakopee Fire Department prior to tenant occupancy of the structure. Should the evaluation determine that the fire sprinkler system is not properly designed for the proposed tenant/hazard classification(s), the system shall be upgraded prior to tenant occupancy. 21. The canopy area on the north side of the building shall not be utilized for storage or placement of combustible materials unless appropriate fire protection is provided under the canopy. 22. Permits are required for any fire protection and fire detection systems work. 23. A fire protection system is required for Commercial Cooking Operations in accordance with the Minnesota State Fire Code and NFPA 96. 24. The proposed tenant space shall be provided with a minimum of one (1) fire alarm strobe notification device. This devise shall be connected to the building fire alarm system. When no fire alarm system is present, the device shall be connected to the waterflow switch on the fire sprinkler system. 25. The tenant shall provide emergency vehicle access to the site during construction. Access to be approved by the Shakopee Fire Inspector. 26. The contractor shall post occupant load of assembly areas. 27. Means of egress from assembly areas shall be provided with panic hardware as defined in the MSFC. 28. Means of egress shall be identified and proper illumination provided. 29. A building permit will be required as the proposed tenant is a change of use from previous tenant. 30. Improvements shall be in compliance with all applicable codes and standards. 31. No outside seating and/or outside alcohol consumption is allowed. 32. No door shall be propped open during business hours. If this Conditional Use Permit is not utilized within one year from this date, or if it is discontinued for a period of six months, it shall become void. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, this 3 rd day of March, 2011. Chair of the Board of Adjustment and Appeals 0 ATTEST: ? Community Development Director