Pledge of Allegiance
Call to Order
Approval of Agenda
Public Hearing
Adjournment / SPECIAL CITY COUNCIL MEETING MINUTES
Monday, June 27, 2016
Mahnomen City Hall
6:30 P.M.
COUNCIL PRESENT:Lee, Durant, Gieseke, and Wiemer
COUNCIL ABSENT: Schouveiller
OTHERS PRESENT: Sue Kraft,Mitchell Berg,and members of the public.
Pledge of Allegiance
The meeting was called to order by Mayor Wiemer.
Leemade a motion to approve the agenda for the June 27, 2016 Special City Council meeting. The motion was seconded by Giesekeand the motion passed 4-0.
Berg presented his memo, dated June 9, 2016 on the two variance requests from Erik and Nick Pederson to build an 8x6 foot deck onto a manufactured home which would exceed the 35% maximum lot coverage and to encroach 5 feet into the 10 foot side yard setback.
Berg reiterated that variances are different than CUPs in that an applicant has no inherit right to a variance. However, the City Administrator is recommending approval of both variances on the basis:
  1. The property owner has demonstrated both a practical difficulty and an exceptional circumstance in that the property is a pre-existing lot on record and if the property owner were to purchase a lot that complied with the setbacks no variance would have been required.
  2. The granting of a variance is in harmony with the Comprehensive plan and Zoning Ordinance goals of providing:
  3. affordable and quality housing options for all residents
  4. low to moderate density residential development in those areas where such development fits with the comprehensive plan and policies.
  5. The surrounding character of the neighborhood consists of other single family residences and as such the city does not see that the granting of the variance would alter the essential character of the surrounding area.
Applicant Erik Pederson introduced himself and his plan for moving the manufactured home and building on a deck onto the pre-existing lot. He indicated his intention of pouring a new concrete pad and skirting the manufactured home in a professional manner. Pederson mentioned the neighbor to the north, which would view the deck from the rear of his house, gave his approval.
Berg indicated public hearing notices were mailed to all property owners within a 350 foot radius and that he had received one comment against the variance request, citingthe lot’s small size.
Mayor Wiemer opened the public hearing at 6:43 pm
Hearing no comments from the public, the Mayor asked for a motion to close the public hearing.
Gieseke made the motion to close the public hearing. The motion was seconded by Durant and the public hearing was closed at 6:43 pm on a 4-0 vote.
Berg acknowledged when he completed the maximum site coverage calculation he did not include the existing concrete apron and driveway, fronting 1st Street, into the overall calculation. He indicated to the council that they could either increase the variance or ask that the applicant remove the driveway. The applicant indicated that the renters would be accessing the garage from the alley, so he would remove the front driveway.
After some additional discussion, Lee made the motion to approve Resolution No. 6-27-2016-1: A Resolution adopting Findings of Fact and Reasons for Approval of a Variance Application of Erik and Nick Pederson for PID #18.100.0610 with a third condition being added that:
  • The driveway and concrete apron fronting 1st Street be removed
The motion was seconded by Gieseke and the motion to pass Resolution 6-27-2016-1 passed on a 4-0 roll call vote.
Berg presented his CUP and variance request for Shawn Moore, Mahnomen King’s Corner, LLC. to operate a restaurant, bowling alley, bar, event center in the C-1 District. Berg indicated in his review of the CUP application, the current code requires all restaurants, bars, and bowling alleys to provide off-street parking. Since the building was built prior to the off-street parking requirement taking effect, Berg said the applicant was requesting a variance to waive the off street parking requirements.
Berg indicated though overall he was supportive of the CUP and Variance request on the basis that:
  1. The building was first used as a social hall and then as a bar, bowling alley, and dance hall prior to the adoption of the City’s current Zoning Ordinance, which now mandates off-street parking in the C-1 District. Since the off-street parking requirement was not a requirement when the building was built, there is no space for the property owner to put any additional off-street parking. Therefore, the land owner has demonstrated that a practical difficulty exists, in that none of the uses that would otherwise be permitted with a CUP would be approved, because of the off-street parking requirements.
  2. The change in the zoning ordinance, mandating off-street parking for bars, bowling alleys, restaurants, and dance halls creates an exceptional unique circumstance that was not created by the land owner.
  3. The City is concerned, nevertheless, about parking in and around the residential area. The City is also concerned about the traffic issues that a bar and restaurant can bring being so close to the City’s only park. Therefore, staff is of the opinion that a variance can be granted without upsetting the purpose and intent of the Zoning Ordinance or without alternating the essential character of the surrounding area. However, if the use were to be expanded, the owner should be responsible for mitigating any parking and traffic concerns by working with the City and/or neighboring property owners to secure additional off-street parking.
Applicant Shawn Moore, was present and suggested if more parking was needed, reconfiguring the parking along Monroe, similar to what was done in front of the American Legion building would allow for more parking.
Mayor Wiemer opened the public hearing at 6:55 pm
Hearing no comments from the public, the Mayor asked for a motion to close the public hearing.
Durant made the motion to close the public hearing. The motion was seconded by Gieseke and the public hearing was closed at 6:55 pm on a 4-0 vote.
The council also raised some concern about the parking issue, given the buildings close proximity to the residential properties and the park. Attorney Malmstrom suggested that if parking were to become a problem for the surroundingresidences, signs may need to be installed that would exclude parking, all but for residents.
Another question was raised by the applicant if the hours could be amended. After some discussion, there was consensus by the council to change the opening time to 11 am Monday-Sunday, and have the hours of operation added as a condition to the CUP, with the understanding that the owner could operate anytime within those hours.
Gieseke than made the motion to approve Resolution 6-27-2016-2: A Resolution Adopting Findings of Fact and Reasons for Approval of a Conditional Use Permit and Variance Applicationof Shawn Moore (Mahnomen Kings Corner, LLC.) For an Entertainment Business (Bowling Alley, Bar, and Event Center) and Restaurant Located within the Central Business District (C-1) for PID #18.100.0660. with the added condition that:
  • The hours of operation shall be M-Thursday from 11 am – 12 am, Fridays 11 am – 1 am, Saturdays from 11 am -1 am, and Sunday from 11 am to 10 pm with alcohol sales ending a half hour prior to closing.
The motion was seconded by Durant to pass Resolution no. 6-27-2016-2 passed on a 4-0 roll call vote.
Durant made a motion to adjourn the meeting at 7:02pm. The motion was seconded by Gieseke and the motion passed 4-0.
Mitchell Berg, Administrator Dave Wiemer, Mayor