6.1. SR 07-20-2009Jf
ety or
Elk
..River
REQUEST FOR ACTION
To Item Number
Ci Council 6.1.
Agenda Section Meeting Date Prepared by
Communi Develo ment ul 20, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Tim Jeanetta for Conditional Use Permit for Class II erem Barnhart, Plannin Mana er
Restaurant in DT Downtown District (Sweet P's Ice Cream and Reviewed by
Candies, Inc.) 707 Main Street, Public Hearing -Case No. CU
09-16
Action Requested
Staff recommends approval of the Conditional Use Permit request, as illustrated on drawings dated
6/10/09, with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required
permits.
2. The building shall comply with all Building and Fire Codes.
3. One wall and one projecting sign shall be allowed on the primary facade.
4. One wall and one projecting sign shall be allowed on the secondary facade.
5. Sign permits shall be required for exterior signage.
6. Any issues indicated in the memo from the MDH Plan Review, dated June 26, 2009, shall be
addressed.
Summary
The applicant is requesting a Conditional Use Permit (CUP) to operate an ice cream and candy restaurant.
Planning Commission Discussion
Due to a lack of a quorum, the Planning Commission meeting was not held. To keep the applicants on
schedule, a special meeting has been set up for Monday July 20, 2009 prior to the City Council meeting.
Staff will provide the Planning Commission comments and recommendation during the Council meeting.
Attachments
• Staff Report to Planning Commission dated July 20, 2009
Aetlon Morton by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-16 Jeanetta-Sweet P's\CU 09-16_CC.doc
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City of
Elk -~-,
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1
Agenda Section Meeting Date Prepared by
Plannin Items ul 20, 2009 Chris Leesebex ,Park Planner-Planner
Item Description Reviewed by
Request by Tim Jeanetta for Conditional Use Permit fox Class II erem Barnhart, Plannin Mana ex
Restaurant in DT Downtown District (Sweet P's Ice Cream and Reviewed by
Candies, Inc.) 707 Main Street,
Public Hearin -Case No. CU 09-16
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
request, as illustrated on drawings dated 6/10/09, with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
2. The. building shall comply with all Building and Fire Codes.
3. One wall and one projecting sign shall be allowed on the primary facade.
4. One wall and one projecting sign shall be allowed on the secondary facade.
5. Sign permits shall be required for exterior signage.
6. If the restaurant should ever expand, the applicant shall apply for an amendment to their
Conditional Use Permit.
7. Any issues indicated in the Memo from the MDH Plan Review, dated June 26, 2009,
shall be addressed.
Background/Discussion
The applicant is requesting a Conditional Use Permit (CUP) to operate an Ice Cream & Candy restaurant
Attachments
Location Map
• Applicant's Narrative
Floor Plan
Memo from Laura Huseby, Environmental Health Services Section
Case File: CU 09-16
Page Z
General Information
Sweet P's Ice Cream
Tim Jeanetta
Applicant Tim Jeanetta
60 Day Rule The application has been deemed complete as of June 10, 2009.
The City must take action by August 10, 2009
Requested Action Conditional Use Permit to operate a Restaurant
Location and Size Existing building in downtown on the south side of Main Street
west of Jackson Avenue.
Location Existing Use Land Use Plan Designation Current Zoning
Subject Vacant OT -Old Town DD -Downtown
Property District
North Commercial / OT -Old Town DD -Downtown
Retail District
South River River River
East Commercial / OT -Old Town DD -Downtown
Retail District
West Commercial / OT -Old Town DD -Downtown
Retail District
Overview
The applicant is requesting a CUP to operate an Ice Cream & Candy restaurant in an existing
building in downtown. Class II restaurants require a CUP in the DD zoning district.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. I,Ylill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral avelfare of tl~e neighborhood or the
city.
2. i.Ylill be consistent with the comprehensive plan.
3. LVill not impede the normal and orderly development and improvement of surrounding vacant property.
4. Weill be served adequately by and avill not adversely affect essential public facilities and services including
streets, police and fzre protection, drainage, refuse disposal, avater and sewer systems, parks and schools; and
will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that aarill be
detrimental to any persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
S:\PLANNING MAIN\Case Files\CUP\CU 09-16 Jeanetta-Sweet P's\CU 09-16_PC.doc
Case File: CU 09-16 Sweet P's Ice Cream
Page 3 Tim Jeanetta
6. L1Vill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. 1Vill fully comply with all other requirements of this Code, including any apjilicable requirements and
standards for the issuance of a license orpermit 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.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
Analysis
The applicants axe proposing to use the pre-existing building located at 707 Main Street (previously
the Bead Bag) in downtown Elk River to create Sweet P's (homemade) Ice Cream & Candies.
Store hours will be operated in two seasons:
• March 15 -Oct 31
0 11 am to 9pm daily.
Nov -Feb
0 4pm - 8pm
The applicant is anticipating up to 12 employees during the peak months and four during the off
season.
The applicant is currently in the application process fox funds from the City of Elk River's Micro
Economic Development Funding fox equipment purchases and revitalization of the exterior of the
building (to include painting of the exterior and awnings in the rear of the building). The downtown
architectural standards Section 30-1026 (fl states:
The restoration, remodeling and/or e.~epansion of existing buildings shall, to the maximum extentpossible,
bring exterior facades back to the appearance they had when they were originally constructed, or maintain a
similar architectural style to the original construction.. .
The ordinance implies restaring to the original brick; however, staff believes that the wood matei7al
is appropriate, provided the colors are consistent with the downtown palette.
Parking
Street parking is available in front of the establishment and an off-street parking lot in the rear of the
business. Additionally, off street parking is available in the City owner King Avenue lot. If this
project was on its own lot, parking would be required at a ratio of 1 space per 40 feet of customer
space. In the downtown area, it is expected that parking is shared among the business owners.
Comprehensive Plan
The Old Town land use category reflects the unique land use mixture in and around the
Downtown...A variety of uses fit into the Old Town designation: community-scale retail,
professional services, public/civic uses, park, offices, dining and entertainment, banking, lodging,
and housing. Uses need to be compatible with the character and scale of the Downtown area.. .
S:\PLANNING MAIN\Case Files\CUP\CU 09-16 Jeanetta-Sweet P's\CU 09-16_PC.doc
Case File: CU 09-16
Page 4
Sweet P's Ice Cream
Tian Jeanetta
This area provides the greatest opportunity for improved access and connection with the Mississippi
River. The request is consistent with the comprehensive plan.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-16 jeanetta-Sweet P's\CU 09-16_PC.doc
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Sweet P's Ice Cream & Candies, Inc.
Sweet P's Ice Cream & Candies, Inc, is a Minnesota S Corporation, seeking to provide
the residence of Elk River, and people passing through Elk River, an opportunity to step
back in time and enjoy homemade ice cream, taffy and nostalgic candies. Owners Tim
and Brenda Jeanetta have always enjoyed working with the public and welcome the
opportunity to provide historic downtown Elk River with such a facility, as well as
working with the youth in the community in creating jobs and teaching good work ethics.
Tim and Brenda Jeanetta are proposing to use the pre-existing building located at 707
Main Street in historic downtown Elk River to create Sweet Ps Ice Cream & Candies.
They have negotiated a two year lease through Holton Investment Corporations and have
an additional three year option attached to the lease.
Store hours will be broken down into two seasons with the peak season including March
15 through October 31St. Hours during the peak season are 1 lam to 9pm daily. Off peak
hours of November through February are 4pm - 8pm daily. Due to the fluctuation in
store hours, the number of persons employed will range from 12 employees during the
peak season to four employees during the off season.
Parking slots available consist of parking in front of the establishment and a large parking
lot in the rear of the business. This large amount of parking will accommodate special
events and after-sports peak sales. Sweet Ps Ice Cream & Candies is currently in the
application process for funds from the City of Elk River's Micro Economic Development
Funding for equipment purchases and revitalization of the exterior of the building (to
include painting of the exterior, and awnings in the rear of the building). Due to the pre-
existing condition of the building, no building supplies will be necessary for this project,
and the interior of the building will be used as-is.
Sweet P's Ice Cream & Candies will acquire two wooden signs that will comply with the
City of Elk River's sign permit regulations. One of the signs will be situated in the front
of the building, replacing the current store sign. The second sign will be placed in the
rear of the store replacing the existing sign. (Bead Bag).
Sweet P's Ice Cream & Candies does not require any outdoor storage.
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M I N N E S O T A
DEPARiMENToFHEALTH
Protecting, maintaini~ag and improving the health of all Minnesotans
June 26, 2009
Ms. Brenda & Mr. Tim Jeanetta
22010 Meadowvale Road
Elk River, Minnesota 55330
Dear Mr. and Ms. Jeanetta:
Subject: REQUEST FOR ADDITIONAL INFORMATION for Food and Beverage
Equipment at Sweet P's Ice Cream & Candies, Elk River, Sherburne County,
Minnesota, Plan No. 091314
Construction may not begin on this project. A plan approval letter and license application is
not granted until all items have been received and thoroughly reviewed.
A review of the plans will not begin until the items indicated below are submitted. Plans are
reviewed in the order they are received. Plans are not considered received until all requested and
required items are submitted. Please keep a copy of the plan submittal for reference.
The following items were noted as missing from the submittal:
General Plan Information
/'~Addltlonal fee required in the amount of $100
~C Provide a copy of the zoning approval or building permit from Iocal unit of government (fax
when available).
Provide a copy of the professionally drawn plumbing plans.
~~ Provide an overall drawing of building and spaces used. Indicate location of restroom.
Commercial Kitchen
Enclose specification sheets for: All equipment (see enclosed list).
When the submitted plans review is complete, an approved letter indicating con ections,
additions, or changes, will be sent to the owner/sanitarian with a license application.
Please submit the above information within two weeks of the date of this letter. If we do not
receive the information, the plans will be rejected.
General Information: 651-201-5000 Toll-free:888-345-0823 TTY:651-201-5797 • www.health.state.mn.us
An equal opportunity employer
yMs. Brenda & Mr. Tim Jeanetta
Request for Additional Information
Food and Beverage Equipment
Plan No. 091314
Page 2
June 26, 2009
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This review does not pertain to the Engineering design (i.e., plumbing, swimming pools,
service connections, sewage systems). A separate report regarding the Engineering Review
will be sent.
When submitting additional information, please refer to plan no. 091314. If you have
questions concerning this review, please contact me via email or at 651/201-4512 or fax the
information to 651/201-4514.
Sincerely,
La useby, REHS, Plan Re w
Environmental Health Services Section
P.O. Box 64975
St. Paul, Minnesota 55164-0975
laura.huseb~nstate.mn.us
LMH:jlr
cc: Ms. Nancy Riddle, Zoning Administrator
Mr. Robert Ruprecht, Building Official
Mr. Kent Johnson, Minnesota Department of Health