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HomeMy WebLinkAbout03B VFW Post 8752 - Temporary Outdoor Seating Request TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Ben Boike, Community Development Director DATE: May 27, 2020 RE: Temporary Outdoor Seating Request for VFW Post 8752 Introduction VFW Post 8752 located at 9260 East Point Douglas Road South is requesting Council authorization of the following: 1. Amendment of their existing liquor license to expand the approved service area, and 2. Approval of the proposed temporary outdoor seating area. Background VFW Post 8752 has operated at its present location at 9260 East Point Douglas Road South for many years and has a club on-sale intoxicating and Sunday liquor license. Request Per the attached submitted application and site plan, the VFW is proposing to locate a temporary outdoor seating area directly adjacent to their existing outdoor patio located on the east side of the building. The proposed seating area will be enclosed by fencing, including utilization of the existing fence line along the east property line and two temporary fences on the north and south sides of the proposed seating area. Access to and from the seating area will be provided through the building and the existing patio, as well as through a gate at the south end of the patio that will be monitored by VFW staff. The VFW is proposing to install two 20-foot x 30-foot canopy tents to cover the temporary outdoor seating area and has applied for a building permit as required. The patio will include a total of 12 tables (4 seats at each) with each table being located with a minimum of six feet between each other. A total of 60 off-street parking stalls will be maintained. Staff believes that the proposed parking is adequate. The applicant has indicated that they will comply with all of the performance standards in the application. Hours will be restricted to the hours of operation for the existing restaurant and shall be prohibited between the hours of 1:00 AM to 7:00 AM. Since the subject property is not located within 200 feet of a residential property, staff does not feel that restrictions need to be placed on hours of operation beyond their normal operating hours. Department Reviews Public Safety – no additional conditions recommended. Honorable Mayor, City Council, and Jennifer Levitt VFW Post 8752 Temporary Outdoor Seating May 27, 2020 Page 2 of 3 Building – recommendation that the applicant obtain building permit approval for the two canopy tents prior to public occupancy of the temporary outdoor patio area. Applicant must also maintain ADA compliancy for the existing restaurant and the proposed temporary outdoor seating area must be ADA compliant. Planning – recommendation that the proposed outdoor seating area must comply with the listed conditions in Resolution 03-150, which approved the existing outdoor patio area and compliance with the City sign ordinance. Liquor – recommendation to authorize the temporary outdoor expansion of the compact and contiguous space allowed for the on-sale of intoxicating liquor contingent upon compliance with Cottage Grove City Code and Minnesota State Statutes related to liquor. Recommended Conditions of Approval Staff is recommending the following conditions of approval for the proposed temporary outdoor seating area: 1. The applicant shall comply with all requirements listed on the submitted application, including but not limited to the following: a. Adhering to the City noise and sign ordinance requirements b. Existing restaurant and proposed outdoor seating area shall be ADA Compliant c. Fencing must enclose the entire seating area d. Keeping the outdoor seating area in a clean and orderly manner. 2. Lighting levels shall not exceed zero-foot candles at the property lines. 3. No amplified music shall be allowed. 4. Trash receptacles shall be provided in the outdoor dining area. 5. Prior to occupancy of the outdoor seating area, the applicant shall provide detail on all fencing. All fencing adjacent to parking areas or drive aisles must prevent vehicles from colliding with tables. 6. Prior to occupancy, the applicant shall schedule a site inspection with the Community Development Department for compliance. 7. The proposed outdoor seating area shall comply with the listed conditions in Resolution 03- 150 for the existing outdoor patio. 8. The temporary outdoor seating area shall be removed by November 15, 2020. Honorable Mayor, City Council, and Jennifer Levitt VFW Post 8752 Temporary Outdoor Seating May 27, 2020 Page 3 of 3 Recommendation The City Council is requested to authorize the following for VFW Post 8752: 1. Amendment of their existing liquor license to expand the approved service area per the attached site plan, and 2. Approval of the proposed temporary outdoor seating area per the listed conditions above. Attachments  Submitted Temporary Outdoor Seating Application and Site Plan