7.2 SR 10-05-2020Request for Action
Cty
Elk -
River
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 5, 2020
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Conditional Use Permit: Operate Tap
Zack Carlton, Planning Manager
Room/Continue Brewing Operations, Aegir
Reviewed by
Brewing, 19050 Industrial Blvd,
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit as the standards set
forth in Section 30-654 have been satisfied with the following
conditions:
1. The Conditional Use Permit shall not be recorded until the city
building official and fire marshal have inspected, and approved, the _
building for compliance with all state and local building g codes and U
CR 33
all applicable conditions of approval have been completed.
2. No demolition or construction activities can occur within or on the
exterior of building until a building permit has been applied for and z?
issued.
3. No tap room operations or expanded brewery operations can occur
until: Hwy 10 _
a. The Conditional Use Permit has been recorded. = cR a
b. The building has received a certificate of occupancy.
4. A taproom license shall be obtained from the state and city.
5. No more than 20,000 barrels of its own brands of malt liquor may
be brewed annually.
6. A minimum of 49 parking stalls shall be provided on the subject
property. Q'Q9
7. If overflow parking is repeatedly observed on the street and impacts
industrial traffic, proof of parking area shall be installed by the Figure i
property owner in accordance with city ordinance.
8. The parking lot area shall be striped by April 1, 2021.
9. A single compact outdoor patio location exhibit shall be submitted and approved by city staff.
10. The outdoor patio area shall be delineated with a permanent fence by April 1, 2021.
11. Sound attenuation shall be installed, per MPCA Guide to Noise Control guidelines, in/on the entire party
wall separating the office space from the brewery/pub area.
12. Access between spaces/uses shall be properly secured while following building and fire codes.
The Elk River Vision
A noel-oming community vvith revolutionary and spirited resourcefulness, exceptional service, and p Q w E A E u e T
community engagement that encourages and inspires prosperity ,� g /�
13. Expansion of the tap room and/or the microbrewery beyond what is identified on the plan dated 9-15-
2020, will require an amendment to the Conditional Use Permit.
14. No more than six (6) domestic animal units shall be allowed on the property at one time.
15. No dogs designated as dangerous or potentially dangerous are allowed to be on site and allowing such a
dog on site shall be grounds for revocation of the permit.
16. The removal of animal waste shall comply with City Code Section 10-9. All on -site waste shall be picked up
and properly disposed of twice a week.
17. All dog waste shall be cleaned up immediately.
18. All animals shall be restrained by a maximum six-foot leash, or kennel, until they are within the fenced area.
Background/Discussion
Case No. CU 20-15
The applicant is seeking a Conditional Use Permit (CUP) to operate a tap room and continue brewery operations in
approximately half of the existing 9,000 square foot industrial building. The applicant eventually would like to occupy
the entire building, but the current review is for only the portion of the building identified on the plan dated 9-15-
2020.
They currently operate a tap room at 707 Main Street. A brewer taproom license authorizes on -sale of malt liquor
produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the
brewer.
Parking
Manufacturing fabricating general industrial.- six stalls plus one off-street parking space for each 500 square feet of floor area.
The manufacturing floor area of the subject building is approximately 8,120 square feet requiring 2 plus 6 parking
stalls for a total of 8 parking stalls.
Nightclub, tavern or ban one parking space for every 50 square feet of floor area.
The tap room floor area of the subject building is 1,657 square feet requiring 33 parking stalls.
Office building: one parking space for each 300 square feet of floor area.
The office space floor of the subject building is 3,057 square feet requiring 10 parking stalls.
Storage or nrarehouse establishments: one parking space for eacb two employees on the major sbift or one parking space for eacb 2,000
square feet of floor area, nrbicbever is greater, plus one space for eacb company motor vehicle nrben customarily kept on the premises.
The warehouse space floor of the subject building is 681 square feet requiring 0 parking stalls. There are two
employees so 1 parking stall is required.
A total of 52 parking stalls are required based on the proposed project. The site plan dated 9-23-2020 shows 49
parking stalls and what appears to be room for approximately 7 additional proof of parking stalls, for a total of
approximately 56. When the applicant expands their brewing/taproom operation to occupy the entire building,
the site will require 80-85 parking stalls. At that time, they will need to amend the CUP and provide the
required parking or apply for a variance to deviated from the parking requirements.
Patio Space
The applicant proposes two patio areas on the property. One patio will be located on the grass areas west and
north of the rear parking area. A second is proposed in the paved area north of the building/loading area.
State Statue �340A.410, Subd. 7 states: "A licensing authority may issue a retail alcoholic beverage license only
for a space that is compact and contiguous". The various patio areas, while contiguous, are not compact. A
single compact outdoor patio location exhibit shall be submitted and approved by city staff. The outdoor patio
area shall be delineated with a permanent fence. The recommended fencing is to clearly demarcate where the
consumption of alcohol can occur outside, help prevent the patio location from changing/growing based on
what is approved, and to better control access to the area. The leg of the grass patio along the north side of the
parking lot is questionable, as it does not meet the intent of being "compact". Staff recommends this area be
removed from the approved site plan. Alternatively, the applicant could construct 6-7 parking stalls on the east
side of the building and then utilize 6-7 proof of parking stalls in the rear for a larger compact patio area.
The project will require a licensed architect to provide signed drawings, with code review, for any work
completed in and/or on the building and shall include any proposed or future outdoor seating.
Dog Park
Since the Planning Commission meeting, the applicant has proposed a fenced dog park along the west side of
the building. The I-1 district does not allow kennels, private or commercial. As to not classify the area/property
as a kennel, the dog park should be limited to no more than six domestic animal units on the property at one
time. This addition was not reviewed by the Planning Commission and staff has proposed several conditions to
help mitigate any negative impacts dogs could have on the area.
Animal unit, domestic is a unit of measure for domestic animals. Domestic animals under 20 pounds, at full
maturity, count as one (1) animal unit and domestic animals 20 pounds and over, at full maturity, count as two
(2) animal units.
Landscaping
The ordinance requires 26 trees for the property. The exiting tree inventory satisfies this requirement.
Public Comments
No one spoke for or against the request at the Planning Commission meeting. One existing tenant, X inka, Inc.,
reached out to staff indicating they were not notified of the proposal and/or meetings. The property owner was
notified of the meeting.
X inka, Inc., has submitted the attached information and photos. Their main concerns, outside of the lease and
relocation issues, is building access and security, noise, restroom use, and vulnerable adults interacting with the
applicant's clientele.
Applicable Regulations
In approving a CUP, the council may impose such specific conditions with regard to the development or
operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-
654 and the requirements contained in this article and to promote compatibility with and minimize any
potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a CUP can be ordered only if the use at the proposed location:
1. mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public
health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
With the submitted information from Minka, Inc., some concerns of noise and safety detrimentally
affecting the use and enjoyment of the property have been raised. Staff recommends sound attenuation
shall be installed, per MPCA Guide to Noise Control guidelines, in/on the entire party wall separating the
office space from the brewery/pub area. Access between spaces/uses shall be properly secured while
following building and fire codes.
2. mill be consistent with the comprehensive plan.
The property is guided industrial and the proposed use is considered industrial. The use will be consistent
with the Comprehensive Plan. There is no need to impose specific conditions to satisfy this standard.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
Except for a city -owned (EDA) parcel, there are no other vacant properties in the development. The use
will not impede the normal and orderly development and improvement of surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fare
protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traxic
congestion or interference with traffic on adjacent and neighboring public thoroughfares.
Utilizing street parking as a substitute for required on -site parking can adversely impact large vehicular
traffic (semi -trucks) within an established industrial area and would affect the surrounding business uses.
The primary parking for this use will be for taproom customers and may occur after the business hours of
the industrial uses.
To address concerns regarding truck traffic, 52 parking stalls shall be provided on the property for the
initial phase. Expansions to the internal use and/or building may require additional parking. Increased
parking will also require stormwater and civil plans to maintain compliance with city ordinances.
If overflow parking is repeatedly observed on the street and impacts industrial traffic, proof of parking area
shall be installed by the property owner in accordance with city ordinance.
The sewer line on the property had been severed by a fiber optic line some time ago. The property owner
has since repaired the sewer line.
5. bill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any
persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
As outlined in standard #4, street parking could be detrimental for existing business due to the potential
for increased parking on the street.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Although site work for parking may occur, the use will not result in the destruction loss or damage of a
natural scenic or historic feature of major importance. Staff does not see a need to impose specific
conditions to satisfy this standard.
7. mill fully coVywitb all other requirements of this Code, including any applicable requirements and standards for the
issuance of a license or permit to establish and operate the proposed use in the city.
While the applicant has submitted a building plan drafted by "b2", the project and building permits, will
require a licensed architect to provide signed drawings, with code reviews, for any work completed in
and/or on the building, and shall include any proposed outdoor seating. These drawings, along with an
issued building permit will ensure the building meets all state building regulations.
There are several building functions and code compliances that are unknown with the submitted exhibits.
These issues will be resolved through code review during the building permit process.
The use shall fully comply with all other requirements of this Code, including any applicable requirements
and standards for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or
a report stating how the proposed use does not comply with the standards set forth in Section 30-654.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period was to end on October 2, 2020. The review period
was extended to December 1, 2020.
Attachments
Updated Site and Building Plans since PC meeting
Minka, Inc. Submitted Information
Planning Commission Memo dated August 25, 2020
Site Plan dated 9.23.2020
49 Parking stalls
Proof of parking
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Hello
This is Tim and Jeremy from AEGIR Brewing Co. We
would like to talk with you about our recent purchase of
19050 Industrial BLVD. We have purchased this property
with the intention of using the facility in its entirety as
both a brewing facility and a taproom. If you have time
next week (8/10-8/14), we would like to meet with you
and talk about the option in person.
Please feel free to reach out via Email, text or phone with
any questions or to set up a time to meet. Thank you and
we appreciate your time,
Tim and Jeremy Jones
AEGIR Brewing Co. LLC
19050 industrial Blvd #1
Elk River, MN 55330
Tim Jones: (626) 513-6366
Jeremy Jones (626) 437-5752
Aegirbrewco@gmail.com
chestnut carnbronne
ATTORNEYS AT LAW
Jeffrey C_ O'Brien
Direct Diah 4612) 33&1298
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VIA EMAIL ONLY
Mr. Tim Jones
Mr. Jeremy Jones
AEGIR Brewing Co. LLC
19050 Industrial Blvd #1
Elk River, MN 55330
August 27, 2020
Chestnut Carnbronne PA
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www.[frc ssnwlcomizreannr.etsm
Aegirbrewco@gmail.com.
Re: Building Lease —19050 Industrial Blvd., Elk River, MN (the
"Property")
Our Client: Minka, Inc.
Dear Messrs. Jones:
Please be advised that our firm has been retained by Minka, Inc. in regards to matters
pertaining to that certain Building Lease dated November 1, 2019 (the "Lease").
It is my understanding that you have recently purchased the above -noted Property with
the intention of using it as both a brewing facility and taproom. It is my further
understanding that you have been in contact with Christine Pastor, President of Minka,
Inc., relative to a proposal to terminate the Lease (which presently runs through
October 21, 2022).
Please be advised that my client is open to early termination of the Lease, provided that
the terms of such early termination are fair and reasonable. However, your initial offer
of reimbursement of August rent, no rent for September, $1,000.00 and assistance in
moving, is not fair and reasonable. My client has inquired as to other nearby
comparable properties and the least expensive option will still result in Minka, Inc.
paying additional rent of at least $550.00 per month. Extrapolating this difference over
the remainder of the Lease term, and factoring in moving and relocation costs (phone,
August 27, 2020
Page 2
internet, breaking its alarm contract, etc.), together with professional moving costs
(which would be required given the sensitive personal information/files which my
client has for its clients), my client would need at least $50,000.00 in order to terminate
its current Lease early. Further, it will not be feasible for my client to move any sooner
than January 1, 2021.
Please advise as to your thoughts on my client's proposed counteroffer at your earliest
convenience. If I do not hear from you on or before September 1, 2020, I will assume
that you are no longer interested in negotiating an early termination of the Lease.
Please be advised, however, that if that is the case, my client expects the new owner to
comply with landlord's obligations set forth in the lease, including but not limited to
the covenant of quiet enjoyment as set forth within Paragraph 20. To that end, my
client is concerned as to how your brewery business will impact Minka's business,
particularly given the nature of its clients, and my client stands ready to enforce these
provisions of the Lease if necessary.
I look forward to hearing from you.
Sincerely,
CHESTNUT CAMBRONNE PA
Jeffrey C. O'Brien
cc: Christine Pastor, Minka, Inc.
Chris - Minka, Inc
From: Jeffrey O'Brien <JObrien@chestnutcambronne.com>
Sent: Thursday, September 17, 2020 7:14 AM
To: aegirbrewco@gmail.com
Cc: Chris - Minka, Inc
Subject: Follow -Up to 8.26.20 Letter - Minka, Inc.
Attachments: 8.26.20 letter to AEGIR Brewing.pdf
Gentlemen: I am following up with you as I have not received any response from either of you as to my letter
of August 26, 2020 regarding my client, Minka, Inc., and its lease for the property at 19050 Industrial Blvd. in
Elk River, Minnesota.
Please note that my client has been able to locate a suitable replacement space to lease for its business but
cannot agree to any lease or arrange for movers, etc. until there is a resolution with you as to your payment of
a relocation/early termination fee.
If you have changed your plans and now wish to continue leasing to my client, please advise as such. If,
however, you remain desirous of termination of the Minka lease upon mutually agreeable terms, please
contact me not later than Friday, September 18, 2020 to discuss.
I look forward to hearing from you.
Jeffrey C. O'Brien
Chestnut Cambronne, P.A.
100 Washington Avenue South
Suite 1700
Minneapolis, MN 55401
(D): (612) 336-1298
(C): (612) 875-7586
(F): (612) 336-2940
iobrien(@chestnutcambronne.com
BUILDING LEASE
THIS LEASE, made and entered into this 1'st day of November, 2019, by
and between True Blue Properties LLC, hereinafter called the LESSOR, and
Minka Inc. hereinafter called LESSEE.
1. PREMISES DEMISED. That in consideration of the covenants
and agreements hereinafter mentioned to be performed by the respective
parties hereto, and in payment of the rental hereinafter designated to be made
by Lessee in accordance with the provisions under this lease, Lessor has by
these presents, let, leased, rented and demised unto Lessee, his successors
and assigns, and Lessee takes and hires from Lessor, that certain parcel of real
property as in hereinafter described:
19050 Industrial Blvd NW Suite * 4 (Approximately 825 sq. ft. PLUS an
additional approximate 150 sq. ft. office to the North on the west side -
approximately 975 sq. ft. total)
Subdivision Elk River Industrial Park
Lot 4 Block 2 Parcel 33
2. PURPOSE. The premises shall be used only for and as the
following described purposes:
Activities commonly associated with Office Work
The Lessee further acknowledges that it has inspected the premises and
accepts the premises in an "as is" condition.
3. TERM. The term of this lease shall commence on November 1,
2019, and shall continue until October 31, 2022, at which date it shall
terminate.
4. RENT. (a) Lessee shall pay annually during the term of this
lease the sum specified on Exhibit B as Minimum Annual Rent, which sum shall
be payable in twelve (12) equal monthly installments, on or before the first day
of each month, in advance. No payment by Lessee or receipt by Lessor of a
lesser amount than the monthly rent herein stipulated shall be deemed to be
other than on account of the earliest stipulated rent, nor shall any
endorsement or statement on any check or any letter accompanying any check
or payment as rent be deemed an accord and satisfaction, and Lessor shall
accept such check or payment without prejudice to Lessor's right to recover
the balance of such rent or pursue any other remedy in this lease provided.
(b) Additional rent. For additional rent, the Lessee shall pay all costs
and expenses of any nature or kind whatsoever attributable to the premises
during the term of this lease. These costs and expenses, if applicable, shall
include but are not necessarily limited to the following: maintenance of the
premises, painting, window cleaning, glass replacement; all improvements
placed on the premises by the Lessee. It is specifically contemplated and
understood by the parties that by the terms of this Section 4(b), the Lessor will
not incur any financial responsibility relative to the premises during the term of
this lease for which it is not prepaid or reimbursed by the Lessee. Lessor shall
maintain parking lot and grassy areas, and pay for water, gas, electricity, and
taxes.
5. POSSESSION. Possession of the premises shall commence at
any time the Lessee is able to after today.
6. UNLAWFUL USE. The Lessee agrees not to commit or permit
any act to be performed on the premises or any omission to occur which will
be in violation of any statute, regulation, or ordinance of any governmental
body, which will increase the insurance rate on the building or which will be in
violation of any insurance policy carried on the premises by the Lessor. The
Lessee shall not disturb other occupants of the building by making any undue
noise or otherwise and shall not do or permit to be done in or about the
premises anything which will be dangerous to life or limb.
7. LESSOR'S ACCESS. The Lessor, it's employees, and it's agents
shall have the right to enter the premises at all reasonable times for the
purpose of inspecting, cleaning, repairing, altering, or improving the premises
or to exhibit the premises to prospective tenants, purchases, or others.
Nothing in this section shall be interpreted as requiring the Lessor to perform
any such acts independent of the requirements of the other provisions of this
lease. The Lessor shall also be permitted to enter the premises for the
purpose of posting notices of non -responsibility for alterations, additions or
repairs.
8. REPAIRS AND MAINTENANCE. Lessee agrees to maintain the
premises in good order, condition and repair during the term of this lease.
Lessee shall repair or replace at its own expense any improvement or part
thereof on the premises necessary to so maintain it, and to return the
premises at the end of the term of this lease in the same condition as it was
received, reasonable wear and tear, casualty losses and acts of God excepted.
Lessee shall not make any alteration or improvement to the premises without
the prior written consent of the Lessor, except that Lessee may, without the
Lessor's consent, make non-structural improvements, alterations and
remodeling that cost less that One Thousand and 00/100 ($1,000.00) Dollars.
9. IMPROVEMENTS. After acceptance of the premises by Lessee,
all further improvements and construction on the demised premises shall be at
the direction and expense of Lessee and Lessee shall protect and hold
harmless Lessor from any expenses or obligation, including reasonable
attorney's fees and costs, for said construction and shall prevent the filing of
mechanic's liens against the demised premises. Notwithstanding the previous
sentence however, in the event any such lien shall be so placed on Lessor's
interest, Lessee shall take all steps necessary to see that the same is removed
within thirty (30) days of its being filed; provided however, that Lessee may
contest any such lien provided Lessee first post a surety bond, in favor of and
insuring Lessor, in an amount equal to 125% of the amount of any such lien.
10. INSURANCE. Lessee agrees to procure and maintain, at its
expense, public liability insurance with respect to the Lessee's use and
occupancy of the premises, in an amount of no less than One Million
($1,000,000.00) Dollars. Lessee also agrees to procure and maintain at its
expense, property damage legal liability coverage in an amount of no less than
One Million ($1,000,000.00) Dollars. Each policy procured by Lessee shall
name Lessor as an additional insured and shall provide that no policy may be
cancelled without thirty (30) days written notice to the parties. Lessee shall
furnish Lessor with certificates evidencing the insurance coverages within
thirty (30) days from the date hereof, and thereafter, on the anniversary date
of this lease.
11. FIRE OR OTHER CASUALTY. If fire or other casualty shall
render the premises untenantable, this lease shall terminate forthwith, and any
prepayments of rent shall be refunded by Lessor pro rata; provided, however,
that if the premises can be repaired within ninety (90) days from the date of
such event, then, by agreement of the parties, this lease shall remain in full
force and effect, but the rent for the period during which the premises are
untenantable shall be abated pro rata.
12. WAIVER OF SUBROGATION. Lessor and Lessee hereby
mutually waive as against each other any claim or cause of action for any loss,
cost, damage, or expense as a result of the occurrence of perils covered by the
Minnesota Standard Fire Insurance Policy and extended coverage
endorsements.
13. LESSEE'S COVENANTS. Lessee covenants and agrees that
during the term of this lease and for such further term as Lessee, or any
person claiming under it, shall hold the demised premises or any part thereof:
A. To pay the rent on the days and in the manner aforesaid;
B. To comply with all city ordinances and state laws regulating the
use of these premises for the purposes stated herein;
C. Not to cause the estate of Lessor in the demised premises at any
time during the said term to become subject to any lien charge or
encumbrance whatsoever, it being agreed the Lessee shall have no authority,
express or implied to create a lien, charge or encumbrance upon the estate of
the Lessor in the demised premises. Notwithstanding the previous sentence
however, in the event any such lien shall be so placed on Lessor's interest,
Lessee shall take all steps necessary to see that the same is removed within
thirty (30) days of its being filed; provided however, that Lessee may contest
any such lien provided Lessee first post a surety bond, in favor of and insuring
Lessor, in an amount equal to 125% of the amount of any such lien;
D. Not make or suffer any use or occupancy of the demised
premises contrary to the purpose the lease or any law or ordinance now or
hereafter in force;
E. Upon termination of this lease, either by lapse of time or
otherwise to surrender, yield or deliver up the demised premises in as good
condition as when received, reasonable wear and tear accepted.
F. To allow Lessor, his agent or assign access to the leased premises
at any reasonable time for the purpose of making any repairs required of
Lessors. Also to allow Lessor, at all reasonable times, within 90 days of the
termination of this lease, to show the premises to interested persons.
14. SUBLEASING OR ASSIGNMENT. Lessor reserves the right to
assign this lease at any time. Lessee may sublease, sell, assign or transfer any
part of its interest in this lease or its term, with the prior written consent of the
Lessor; such consent shall not be unreasonably withheld. In any event, upon
the making of a sublease or assignment of its interest, Lessee shall remain
liable on all its obligations hereunder unless expressly released therefrom by
written notice signed by Lessor.
15. EMINENT DOMAIN. If the entire premises is taken by any public
authority under the power of eminent domain, or sold to any public authority
pursuant to threat of eminent domain, Lessor shall receive the entire amount
of the award or proceeds of the sale. If the premises is partially taken by any
public authority under the power of eminent domain or a section of the
premises sold to any public authority pursuant to threat of eminent domain,
the fixed rent shall be adjusted by agreement of the parties.
16. DEPOSIT. Lessee has deposited with Lessor the sum of $825
from 5/23/2005. Said sum shall be held by Lessor as security for the faithful
performance by Lessee of all of the terms, covenants, and conditions of this
lease to be kept and performed by Lessee during the term hereof. If Lessee
defaults with respect to any provision of this lease, including but not limited to
the provisions relating to the payment of rent, Lessor upon notice to Lessee,
shall use, apply or retain all or any part of this security deposit for the payment
of any rent or any other sum in default. Use of the damage deposit shall only
be by agreement of the parties hereto or by order of a court or competent
jurisdiction. Lessor shall not be required to keep this security deposit separate
from its general funds, and Lessee shall not be entitled to interest on such
deposit. If Lessee shall fully and faithfully perform every provision of this lease
to be performed by it, the security deposit or any balance thereof shall be
returned to Lessee (or, at Lessor's option, to the last assignee of Lessee's
interests hereunder) at the expiration of the lease term.
17. NON-PAYMENT OF RENT: DEFAULTS. Upon the occurrence of
any of the following: (a) a rent payment from Lessee to Lessor shall remain
unpaid in whole or part for more than one (1) day after the same is due and
payable; (b) Lessee's violation or default in any of the other covenants,
agreements, stipulations, or conditions herein, and such other violation or
default shall continue for a period to ten (10) days after written notice from
Lessor of such violation or default; or (c) if Lessee shall be adjudged bankrupt
or file a petition in bankruptcy or for any arrangements under the Bankruptcy
Code or become insolvent or have appointed a receiver of its property, then it
shall be optional for Lessor to declare this lease forfeited and the said terms
ended, and to re-enter the premises.
18. DEFAULT OF LESSOR. Lessor shall not be deemed to be in
default under this lease until Lessee has given Lessor written notice specifying
the nature of the default and Lessor does not cure such default within ten (10)
days after receipt of such notice or within such reasonable time thereafter as
may be necessary to cure such default where such default is of such a
character as to reasonably require more than ten (10) days to cure. In the
event Lessor does not cure the default within 10 days, or such additional
reasonable time as may be required, Lessee may at its option cure the default
and offset any costs incurred against rent.
19. HOLDING OVER. In the event Lessee continues to occupy the
premises after the last day of the term herein created, and Lessor elects to
accept rent thereafter, tenancy for an additional month shall be created on the
same terms and conditions that existed at the end of the lease term, with the
exception that the fixed rent will be adjusted to 110% of the minimum annual
rent.
20. LESSOR'S COVENANTS OF TITLE AND QUIET ENJOYMENT.
Lessor covenants and warrants that Lessor has full right and lawful authority to
enter into the lease for the full term hereof and that Lessor is lawfully seized of
the entire premises hereby demised and has good title thereto, free and clear
of all tenencies and encumbrances, and that at all times when Lessee is not in
default under the terms and conditions of this lease. Lessee's quiet and
peaceable enjoyment to the premises shall not be disturbed or interfered with
'by anyone.
21. TERMINATION. In the event of termination of this lease, prior to
the term hereof, for any reason other than the default of the parties hereto, all
rental payments, taxes, insurance and other obligations of the parties hereto
shall be prorated as of the date of said termination.
22. SURRENDER. On the last day of the term of this lease or on the
sooner termination thereof, the Lessee shall peaceably surrender the premises
in good condition and repair, reasonable wear and tear excepted, consistent
with the Lessee's duty to make repairs as provided in Section 8 hereof. On or
before the last day of the term of this lease or the sooner termination thereof,
the Lessee shall at its expense remove all of its equipment from the premises,
and any property not removed shall be deemed abandoned. All alterations,
additions, and fixtures, other than the Lessee's equipment, which have been
made or installed by either the Lessor or Lessee on the premises shall remain
as the Lessor's property and shall be surrendered with the premises as a part
thereof. If the premises are not surrendered at the end of the term or on the
sooner termination thereof, the Lessee shall indemnify the Lessor against any
loss or liability, including reasonable attorneys fees and costs, resulting from
delay by the Lessee in so surrendering the premises, including without
limitation claims made by any succeeding tenant founded on such delay. The
Lessee shall promptly surrender all keys for the premises to the Lessor at the
place then fixed for payment of rent and shall inform the Lessor of
combinations on any locks and safes on the premises. In no event shall the
Lessee be deemed to have abandoned the premises or this lease during the
terms hereof unless the Lessee first obtains the express permission of the
Lessor. The provisions of this section shall survive the termination of this
lease.
23. COVENANTS TO HOLD HARMLESS. Except in the case of the
gross negligence of the Lessor, its agents, or its employees, the Lessee agrees
to save, hold harmless, and defend the Lessor against any liability for
damages, including reasonable attorneys fees and costs, to any person or
property in or about the premises. The Lessor shall not be liable to the Lessee,
its agents, employees, representatives, customers, or invitees for any personal
injury, death, or damage to property caused by theft, burglary, water, gas,
electricity, fire, or for any other cause occurring on or about the premises. All
property kept, stored, or maintained in the premises shall be so kept, stored,
or maintained at the sole risk of the Lessee. The Lessee agrees to promptly
pay all sums of money in respect of labor, services, materials, supplies, or
equipment furnished or alleged to have been furnished to the Lessee in or
about the premises.
24. NO PARTNERSHIP, JOINT VENTURE, OR FIDUCIARY
RELATIONSHIP CREATED HEREBY. Nothing contained in this lease shall be
interpreted as creating a partnership, joint venture, or relationship of principal
and agent between the Lessor and the Lessee, it being understood that the
sole relationship created hereby is one of landlord and tenant.
25. CUMULATIVE RIGHTS. No right or remedy herein conferred on
or reserved to the Lessee or the Lessor is intended to be exclusive of any other
right or remedy hereof provided by law, but each shall be cumulative in and in
addition to every other right or remedy given herein or not or hereafter
existing at law or in equity or by statute.
26. REASONABLE CONSENT. Whenever the Lessor's or the
Lessee's approval or consent shall be required herein, such approval or
consent shall not be arbitrarily or unreasonably conditioned, delayed, or
withheld and shall be deemed to have been given, unless within twenty (20)
days of the request therefor, the Lessor or the Lessee as appropriate, notifies
the requesting party that the Lessor or the Lessee, as appropriate, is denying
such approval or consent, stating in such notice the reasonable ground
therefor.
27. ATTORNEY'S FEES. If any action at law or in equity shall be
brought in court to recover any rent under this lease or for or on account of
any breach of or to enforce or interpret any of the covenants, terms, or
conditions of this lease or for the recovery of the possession of the premises,
the Lessor shall be entitled to recover from the Lessee as part of the Lessor's
costs, his reasonable attorney's fees, the amount of which shall be fixed by the
court and shall be made a part of any judgment or decree rendered.
28. FURTHER ASSURANCES. In addition to any other information
which may reasonably be requested, either party shall without charge, at any
time and from time to time hereafter, within ten (10) days after written request
for the same, certify by written instrument duly executed and acknowledged to
any person, firm, or corporation specified in such request:
A. Whether this lease has been supplemented or amended, and if
so, the substance and manner of such supplement or amendment;
B. The validity and force and effect of this lease, in accordance with
its tenor as then constituted;
C. The existence of any default thereunder;
D. The existence of any offsets, counterclaims, or defenses thereto
on the part of such other party; and
E. The commencement and expiration dates of the term of its lease.
Any such certificate may be relied on by the party who requested it and by any
other person, firm, or corporation to whom it may be exhibited or delivered,
and the contents of the certificate shall be binding on the party executing it.
29. HARZARDOUS SUBSTANCES AND ENVIRONMENTAL
REGULATIONS.
a. When used in this Section 29, the terms "Environmental
Regulations" and "Hazardous Substances" shall have the following Meanings:
1) Environmental Regulations shall mean and refer to the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 U.S.C. 9601 et seq., the Minnesota Environmental Response and
Liability Act, Minn. Stat. Chapter 1155, All amendments thereto, and all other
laws, acts, statutes, ordinances, rules, regulations, orders or determinations of
any governmental authority pertaining to or regulating Hazardous Substances,
infectious waste, asbestos, radiation, radioactive material, health or the
environment.
2) Hazardous Substances
hazardous substances, hazardous waste
radiation, radioactive material, pollutants
regulated by Environmental Regulations.
shall mean and refer
toxic waste, asbestos,
or contaminants as define
Lessee warrants, represents, and agrees that:
d
b. Its use of the leased premises, and the operation of its business
thereon, shall not violate any Environmental Regulations.
C. Lessee has obtained and shall continue to maintain all permits,
licenses or similar authorizations required by Environmental Regulations to
conduct its business on the leased premises.
d. Lessee's use of the Leased Premises will not result on the
disposal, discharge, emission, or release of any Hazardous Substance in any
quantity on or about the leased premises, building, or the contamination of any
part of the property.
e. Upon request by lessor, lessee shall deliver to lessor copies of all
contracts, programs, management plans or certifications regarding the
generation, storage, use, removal, or disposal of Hazardous Substances which
are required in order for lessee to be in compliance with Environmental
Regulations. Lessee shall, upon request by lessor, provide lessor with copies of
permits, inspection reports, monitoring reports, license, orders compliance
requests, or other documentation filed, served, delivered, or transmitted either
with, to, or from the Minnesota Pollution Control Agency, Minnesota
Department of Health, or the U.S. Environmental Protection Agency, or other
governmental body relating to lessee's use of Hazardous Substances in or
about the leased premises.
In the event lessee, its officers, partners, agents, employees, or subcontractors
shall breach or fail to perform any of the warranties, representation and
agreements contained in this section, then, in addition to any other remedy
lessor may have under this lease, at law or in equity:
f. Upon notice from lessor, lessee shall remove from the leased
premises, at lessee's sole expense, any Hazardous Substance which is not in
compliance with Environmental Regulations or this lease agreement.
g. Lessor and such environmental engineers or consultants as it may
employ shall be entitled to enter upon the leased premises for the purpose of
conducting such environmental audits or similar tests as lessor may deem
necessary and the cost and expense of such environmental audits or and tests
incurred by lessor shall be paid by lessee as additional rent hereunder with the
next installment of base rent: and
h. Leesee shall protect, indemnify, and save lessor harmless from all
costs, fines, claims, demands, actions, proceedings, judgments, and damages
(including court costs and reasonable attorneys' fees) resulting from or arising
out of any breach or nonperformance by lessee of the representations,
warranties, and agreements contained in this section 29 including, without
limitation, the cost of removal and/or remediation of any disposal, discharge,
release or contamination of Hazardous Substances on or about the leased
premises or building.
30. SUCCESSORS AND ASSIGNS. This lease shall be binding on
and shall inure to the benefit of the parties hereto and their respective assigns,
executors, heirs, personal representatives, and successors.
31. SUBORDINATION. The Lessee agrees that at the Lessor's
election this lease shall be subordinate to any land lease, mortgages, or trust
deeds now on or placed on the premises and to any and all advances to be
made thereunder, and to the interest thereon, and all renewals, replacements,
and extensions thereof.
The Lessee hereby appoints the Lessor as its attorney -in -fact to execute
such documents as may be required to accomplish such subordination.
32. AMENDMENT, MODIFICATION, OR WAIVER. No amendment,
modification, or waiver of any condition, provision, or term of this lease shall
be valid or of any effect unless made in writing, signed by the party or parties
to be bound or by its duly authorized representative, and specifying with
particularity the extent and nature of such amendment, modification, or
waiver. Any waiver by any party of any default of another party shall not
affect or impair any right arising from any subsequent default.
33. SEVERABLE PROVISIONS. Each provision, section, sentence,
clause, phrase, and word of this lease is intended to be severable. If any
provision, section, sentence, clause, phrase, or word hereof is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this lease.
34. ENTIRE AGREEMENT. This lease contains the entire
understanding of the parties hereto with respect to the transactions
contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter. No representations,
warranties, undertakings, or promises, whether oral, implied, written, or
otherwise, have been made by either party hereto to the other unless
expressly stated in this lease or unless mutually agreed to in writing between
the parties hereto after the date hereof, and neither party has relied on any
verbal representations, agreements, or understandings not expressly set forth
herein.
35. CAPTIONS, HEADINGS, OR TITLES. All captions, headings, or
titles in the paragraphs or sections of this lease are inserted for convenience of
reference only and shall not constitute a part of this lease as a limitation of the
scope of the particular paragraphs or sections to which they apply.
36. MINNESOTA LAW. This lease shall be construed and enforced in
accordance with the laws of the state of Minnesota.
37. NET RENT. The rent shall be absolutely net to the Lessor.
Lessee shall pay, without notice or demand, and without abatement, deduction
or set-off, and save Lessor harmless from costs of repairing, replacing and
maintaining the improvements which are a part of the leased premises, and all
other costs, expenses and obligations of every kind and nature whatsoever
relating to the leased premises as described in more detail elsewhere in this
lease.
38. LATE PAYMENT PENALTY. If any payments by Lessee due
hereunder are not made within five (5) business days of the due date thereof,
then Lessee shall pay, as additional rent, a late payment fee of Fifty ($50.00)
Dollars.
39. SIGNAGE. The main sign framework near the front of the
building will be provided and maintained by the lessor. The individual sign
panels will be paid for by the lessee, and will need to be done in the same size,
style, format, and colors as the rest of the sign panels.
40. NOTICES. All written notices required shall be given by certified
mail to the parties at the addresses stated below.
If to Lessor: True Blue Properties, LLC
19050 Industrial Blvd Nw, Suite 6
Elk River, Mn. 55330
If to Lessee: Minka Inc.
PO Box 412
Elk River, MN 55330
Mailed notice shall be effective the day following the day of
mailing. —
LESSOR: LE
EXHIBIT B
TERM ANNUAL RENT $12,600 MONTHLY INSTALLMENT $1050
LESESSOR AGREES THAT IF THE LESSEE'S MAIN CONTRACT WITH SOCIAL
SECURITY WOULD GET CANCELLED, LESSEE COULD GIVE NOTICE TO TRUE
BLUE PROPERTIES AND BE ABLE TO CANCEL THIS LEASE, AND ONLY BE
REQUIRED TO PAY RENT FOR TWO MONTHS AFTER NOTICE.
CLEANING FEE BY OPTIONS iNC. TO BE PAID AS DONE IN THE PAST INCLUDED
WITH THE NONTHLY RENT CHECK.
RENEWAL RENT TO BE DETERMINED
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Request for Action
City of
Elk
Ri-�.-
ver
To
Item Number
Planning Commission
4.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
August 25, 2020
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Timothy Jones - Aegir Brewing — 19050 Industrial
Zack Carlton, Planning Manager
Blvd. Conditional Use Permit to Operate a Tap
Reviewed by
Room and continue brewery operations, Case No.
CU 20-15
Action Requested
Approve, by motion, the Conditional Use Permit as the standards
set forth in Section 30-654 have been satisfied with the following
condition:
1. The Conditional Use Permit shall not be recorded until the city
building official and fire marshal have inspected, and approved,
the building for compliance with all state and local building
codes.
2. No more than 20,000 barrels of its own brands of malt liquor
may be brewed annually.
3. A minimum of 69 parking stall shall be provided on the subject
property.
4. A single outdoor patio location exhibit shall be submitted and
approved by city staff.
5. The outdoor patio area shall be delineated with a permanent
fence.
6. Expansion of the tap room and/or the microbrewery will
require an amendment to the Conditional Use Permit.
Background/Discussion
The property is 1.46 acres in size, has a land use designation of
industrial, and is zoned Light Industrial (I-1) where tap rooms and
microbreweries require a Conditional Use Permit (CUP).
CR 33
The applicant is seeking a CUP to operate a tap room and continue brewery operations in approximately
half of the existing 9,000 square foot industrial building. They eventually would like to occupy the entire
building.
The Elk River Vision
A nyelcoming community nyith revolutionary and spirited resourcefulness, exceptional p Q W I R E D s r
service, and community engagement that encourages and inspires prosperity;, g /� IfUR
Transportation/ Circulation
Access to and from the site will occur at the one existing access on Industrial Boulevard. Internal
circulation is around the east side of the building to the rear of the building where the loading doors are
located.
The property is in an industrial park where large vehicle traffic occurs daily. There are no sidewalks for
pedestrian traffic.
Parking
Manufacturing, fabricating general industrial.• six stalls plus one off street parking space for eacb 500 square feet of floor
area.
The manufacturing floor area of the subject building is 1,530 square feet requiring 6 plus 3 parking stalls
for a total of 9 parking stalls.
Nightclub, tavern or bar. one parking space for every 50 square feet of floor area.
The tap room floor area of the subject building is 2,250 square feet requiring 45 parking stalls.
Office building: one parking space for each 300 square feet of floor area.
The office space floor of the subject building is 4,500 square feet requiring 15 parking stalls.
A total of 69 parking stalls are required based on the proposed project. The site has 32 striped parking
stalls and what appears to be room for approximately 42 additional stalls, for a total of approximately 74
stalls. When they occupy the entire building for their tap room and brewery, the site will require around
80-85 parking stalls. At that time, they will need to provide the required parking or apply for a variance
to deviated from the parking requirements.
The applicant has indicated Industrial Boulevard has parking but other than in the core downtown
district, street parking has not been utilized to meet parking requirements. With the applicant's initial
plans, the required parking can be installed on their property. Street parking may be utilized for overflow
parking when the required on -site parking is full.
Patio Space
The applicant is proposing several patio areas on the property. One fenced patio area will be north of the
parking/circulation area and is located on grass. A second is proposed in the paved area north of the
building/loading area. Two areas are also shown in the grassy areas west and south of the building.
State Statue §340A.410, Subd. 7 states: "A licensing authority may issue a retail alcoholic beverage license
only for a space that is compact and contiguous". The various patio areas are not compact and
contiguous. A site plan showing a single compact and contiguous space and how this space will be
permanently delineated will be required.
The project will require a licensed architect to provide signed drawings, with code review, for any work
completed in and/or on the building, and shall include any proposed or future outdoor seating.
Landscaping
The ordinance requires 26 trees for the property. The exiting tree inventory satisfies this requirement.
Applicable Regulations
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to
the development or operation of the proposed use as it considers necessary to satisfy the seven standards
set forth in Section 30-654 and the requirements contained in this article and to promote compatibility
with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. lYlill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the
public health, safety, morals, comfort, convenience orgeneral Y�elfare of the neighborhood or the city.
The proposed industrial use, within the industrial park, will not endanger, injure or detrimentally
affect the use and enjoyment of other property in the immediate vicinity or the public health, safety,
morals, comfort, convenience, or general welfare of the neighborhood or the city.
Staff does not see a need to impose specific conditions to satisfy this standard.
2. mill be consistent with the comprehensive plan.
The property is guided for industrial and the proposed use is considered industrial. The use will be
consistent with the Comprehensive Plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
With the exception of a city -owned (EDA) parcel, there are no other vacant properties in the
development. The use will not impede the normal and orderly development and improvement of
surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. mill be served adequately by and mill not adversely affect essential public facilities and services including streets, police
and fire protection, drainage, refuse di posal, nrater and sewer ystems, parks and schools; and avill not, in particular,
create tralc congestion or interference with traffic on adjacent and neighboring public thoroughfares.
Utilizing street parking as a substitute for required on -site parking can adversely impact large
vehicular traffic (semi -trucks) within an established industrial area and would affect the surrounding
business uses. The primary parking for this use will be for taproom customers and may occur after
the business hours of the industrial uses.
To address concerns regarding truck traffic, a minimum of 69 parking stalls shall be provided on the
subject property for the initial phase. Expansions to the internal use and/or building may require
additional parking. Increased parking will also require stormwater and civil plans to maintain
compliance with city ordinances.
5. W1711 not involve uses, activities, processes, materials, equipment and conditions of operation that mill be detrimental to
any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
As outlined in standard #4, street parking could be detrimental for existing business due to the
potential for increased parking on the street.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Although site work for parking will occur, the use will not result in the destruction, loss or damage of
a natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. Will fully compynvitb all other requirements of this Code, including any applicable requirements and standards for the
issuance of a license or permit to establish and operate the proposed use in the city.
The use will/shall fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and operate the
proposed use in the city.
The project will require a licensed architect to provide signed drawings, with code review, for any
work completed in and/or on the building, and shall include any proposed or future outdoor seating.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on October 2, 2020.
Council Meeting
If acted on, this item will go to the September 21, 2020, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plan
■ Parking Square Footage Exhibit
Property complete legal description:
Elk River City
SEC:28 TWP: 33.0 RG:26 W: LOT: 4 BLK: 2 ACRES: 1.46
ELK RIVER INDUSTRIAL PARK
LOT 4 EX E 80 FT, BLK 2
Typewritten Narrative:
We are submitting for your approval the relocation of the AEGIR Brewing company taproom
from 707 Main St NW, Elk River to 19050 industrial blvd, Elk River. We intend to use the entire
warehouse and its connected patios to create a micro -brewery and taproom that can act as a
community gathering spot.
- We would be open mon-sun with our hours varying depending on the season.
- We expect to employ 10-20 employees as we grow over the next year.
- The currently plan has 34 on site car parking spots and a motorcycle parking area. There is
additional street parking on one side of Industrial blvd.
- Construction will primary include: addition of rest rooms, addition of approved HVAC system,
non structural remodel of the interior walls and beautification of exterior walls and landscape.
- No new signage is proposed at this time
- no outdoor storage is proposed at this time.
- Front and side "patios" will remain grass
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Leeseberg, Chris
From: noreply@civicplus.com
Sent: Monday, October 5, 2020 2:45 PM
To: Leeseberg, Chris
Subject: Online Form Submittal: Send Chris Leeseberg an Email
Send Chris Leeseberg an Email
TO: Chris Leeseberg
First Name
Last Name
Reply Email Address
Subject
Comments
Nicole
Rattler
Aegir Brewing- 19050 Industrial Blvd Elk River 55330
(Section Break)
Hello,
I am a tenant in the building that they just bought. I have a
current active lease until Oct,2021. I have some concerns that I
would like addressed in regards to this. I was just made aware
of this meeting. Is this a possibility? We operate a Medical
Transport company and to have a live active bar on the
property with a daycare and alcohol is not something that is
ideal for any of the businesses in the building. We are unable
to acquire another lease at the as rents are triple what our
current one is and with COVID our business of transporting
special needs individuals has had a decrease. We have seen
some increase but even with that its not enough to take on a
lease at double to triple of what we pay now. There is also
going to be a ton of construction which does not demonstrate
quiet enjoyment. This will be a disruption to our business as
there are many government hoops to get through
I plan to attend this evening at 630pm.
Thank you,
Nicole & Wilson Rattler
Disclaimer
Information submitted is considered public data.
1
C c
Leeseber , Chris
From: Jennifer Haberman <
Sent: Monday, October 5, 2020 4:06 PM
To: Leeseberg, Chris
Hello Chris
My name is Jennifer Haberman and I work for Comprehensive Services Inc. CSI provides residential services to adults
with developmental disabilities here in Sherburne County. We office out of Elk River at 19050 Industrial Blvd. Suite
2. As you are aware this building has recently been sold to Aiger brewery who has a plan or desire to turn this building
into a tap room/game room.
CSI has a lease that extends into 2022.
We are seeking office space for lease or to purchase currently but have not had much success.
My concern at this time involves safety for my staff entering and exiting the building and first and foremost the
individuals that we serve who come and go from our office. CSI also houses privileged information that fall under data
privacy laws. The building is currently a secured building but would not remain so as it would be a public place.
Other concerns we have are what would be considered landlord, tenant issues I'm sure.
It would be the preference of our agency to have a permit for this type of public facility be on hold until which time the
businesses currently leasing office space there either secured appropriate space elsewhere or their leases expire.
I thank you for your time in this matter.
Sincerely
Jennifer Haberman
Comprehensive Services Inc.
AEGIR
Conditional Use Permit
r ,752ND CT NW � T �
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$ a 757-U12(�
75 -52 Or-02 1 t
751543-4110
75-5520-0114 T5�a 3-0120 "
75-427-0130
A F5-427-0250 75=427-0260 �
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AAA
75-520fO 120;
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Background
■ Currently operate a tap room at 707 Main Street
■ A brewer taproom license authorizes on -sale to one brewery
location owned by the brewer
■ Zoned Light Industrial (I-1)
■ Tap rooms and microbreweries require a CUP
■ Utilizing about half of the 9,000 sgft
■ Future plans are to occupy the entire building
■ Review is only for area as indicated on plan dated 9-15-2020
Plan dated 9.15.2020
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Parking
■ 52 stalls are required (as the operation is proposed +office)
■ Site plan (9-23-2020) shows 49 stalls
■ Approx. 7 proof of parking
■ Parking requirements met (for area as indicated on plan dated 9-
15-2020)
Site Plan dated 9.23.2020
49 Parking stalls
Proof of parking
35'
...................
Roped off aH..d k
paved patio — ,e,YZ�ma,,k
E[Ia�� d.aln Ilne
4
.................
■■■■■■■■■■■■■■
.
mo■
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Roped off
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n m
grass patio
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■
x " ° ;
220'
° a `
■■■■■■■: ■■■■■■■■■■■■■j
6°fenced
dog park
.............................. ■
Patio Space
■ State Statue
■ "A licensing authority may issue a retail alcoholic beverage
license only for a space that is compact and contiguous"
■ Patio areas are contiguous but not compact
■ Need site plan showing single compact and contiguous space
and shall be delineated with a permanent fence
■ Clearly demarcate where the consumption of alcohol can
occur outside
■ Help prevent the patio location from changing/growing
based on what is approved
■ Better control access to the area
Patio/Parking Option
Dog Park
■ I-1 district does not allow private or commercial kennels
■ In order not to classify it as such:
■ No more than six domestic animal units on the property at
one time
■ PC did not review this component
■ Staff has proposed several conditions
Public Comments
■ 9/29/2020
■ Minka, Inc. submitted info, concerns, photos
■ Building access and security
■ Noise
■ Restroom use
■ Vulnerable adults interacting with the applicant's clientele
Public Comments
■ 9/30/2020 Applicant asked if staff had everything we needed?
■ For CUP analysis, yes
■ The building department will need a great deal of
information to be provided by a licensed architect
■ 10/2/2020 Staff emailed applicant if they had any questions,
comments, and/or concerns with the conditions
■ They did not respond with any
Public Comments
■ 10/5/2020
■ Nicole Rattier emailed concerns
■ A live
active bar on the
property with a
daycare and alcohol
is not
something
that
is
ideal
for any of
the
businesses in
the building
■ Lease costs
■ Construction, does not demonstrate quiet enjoyment
Public Comments
■ 10/5/2020
■ Jennifer Haberman emailed concerns
■ Tap room/game room
■ First and foremost, the safety of the individuals they serve
who come and go from their office
■ Safety for her staff entering and exiting the building
■ CSI also houses privileged information that fall under data
privacy laws. The building is currently a secured building
but would not remain so as it would be a public place
• Wait until secure other space or,
■ Leases expire
Public Comments
■ Security concerns are believed to be about the shared restrooms
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Plan dated 9.15.2020
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CUP Requirements
■ Analysis of the application shows compliance with 3 of the 7
of the standards required for approval of the CUP
With the conditions outline in the memo, compliance of all
standards should be met
Action Requested
■ Approve, by motion, the CUP, as the standards set forth in
Section 30-654 have been satisfied with the conditions outlined
in the memo
Conditional Use Permit
■ Before the CUP is issued and/or any operations may begin:
■ The CUP must be recorded
■ All required conditions must be completed
■ No demo and/or construction until demo and building
permits have been applied for and issued
■ Building is compliant with all state and local building codes
Plan dated 9.15.2020
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0
Site Plan dated 9.23.2020
49 Parking stalls
Proof of parking
35'
...................
Roped off aH..d k
paved patio — ,e,YZ�ma,,k
E[Ia�� d.aln Ilne
4
.................
■■■■■■■■■■■■■■
.
mo■
" `
Roped off
0 G ■
n m
grass patio
N
■
x " ° ;
220'
° a `
■■■■■■■: ■■■■■■■■■■■■■j
6°fenced
dog park
.............................. ■
Patio/Parking Option
r ,752ND CT NW � T �
A
A 75 42 7-02 2 0 75 -42 7-0210
1 its `I 'wZA ^
$ a 757-U12(�
75 -52 Or-02 1 t
751543-4110
75-5520-0114 T5�a 3-0120 "
75-427-0130
A F5-427-0250 75=427-0260 �
MF S
k' rN f)
AAA
75-520fO 120;
- r r fi -+g ;
AEG- IR Bre-\V.li-ia Co. C
li iti ml Use Pe izuit. Case Blot CU -15 ever