04-14-2008 CC - Laserfiche WebLink

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Item No: 7A Meeting Date: April 14, 2008 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Interim Use Permit (IUP) Application for a Temporary Outdoor Tent at Moe’s Restaurant Introduction: In late 2006, soon after Moe’s opened their new restaurant at 2400 County Highway 10, they built a deck in order to provide outdoor seating. In the spring of 2007, they put a temporary tent on the deck in order to be able to have additional seating for the early spring holidays like St. Patrick’s Day, Easter and Mother’s Day. With the tent they are able to use the deck longer than only for the short Minnesota summer season. Temporary tents in commercial districts are allowed for up to seven days, and longer than one week requires an Interim Use Permit. An IUP allows a business to have a tent for up to 180 days per year. Moe’s may want to split the 180 days between the spring and fall each year. Discussion: The process for reviewing an interim use permit for a temporary tent is the same as if it were a conditional use permit. A public hearing will be scheduled for the City Council meeting and notices sent to property owners within 350 feet of the subject parcel. The specific requirements of the approval process are as follows: 1. The tent or membrane structure shall comply with all provisions of the Fire Code and receive annual fire and tent permits issued by the Fire Marshal. Both a fire permit and a temporary tent permit will be required each time the tent is erected. With each fire and tent permit application, the fire marshal will review the applications and conduct an inspection after the tent is set up. 2. Adequate parking to accommodate the occupancy shall be provided at a ratio of one parking space per 40 square feet of tent area. (The City Council may waive the parking requirement if it can be shown that the site has sufficient existing parking capacity.) At the time the deck was constructed, the parking requirements were reviewed and found to be adequate. This temporary tent will always be on the deck so it will not be removing additional parking spaces. 3. The tent or membrane structure shall be subject to same building setbacks as the principal building on the lot. No tent or membrane structure shall be allowed instead of or without a principal building. The tent does not encroach into any required setback area. 4. The tent or membrane structure shall be limited in size to 5,000 square feet or 10 percent of the principal buildings’ square footage, whichever is less. The tent is 1,100 square feet which is about ten percent of the restaurant floor area.