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CC Regular Session <br />Meeting Date: 05/14/2013 <br />By: Chris Anderson, Community <br />Development <br />Information <br />4. 11. <br />Title: <br />Request for Site Plan Approval for an Expansion of an Outdoor Patio and Addition of a Covered Bar at 6415 <br />Highway 10 NW; case of Willy McCoys <br />Background: <br />Willy McCoys is proposing an expansion of its outdoor patio area as well as a new outdoor covered bar at their <br />restaurant facility located at the south end of the Sunfish Commons retail center at the intersection of Highway 10 <br />and Sunfish Lake Boulevard. The property originally received site plan approval and a variance to impervious <br />surface restrictions in the Critical River Overlay District in 2001 for the construction of Sunfish Commons retail <br />center. <br />Notification: <br />Notification is not required for site plans. However, both MnDOT and the MN DNR were notified of the proposed <br />project due to its proximity to Highway 10 (MnDOT) and because a portion of the property is within the Critical <br />River Overlay District (MN DNR). <br />Observations: <br />The site is zoned H-1 Highway 10 Business District and is part of an officially mapped area for the future <br />expansion of Highway 10. Restaurants and on and off sale liquor establishments in a multi -tenant building are a <br />permitted use in this zoning district. <br />As illustrated on the site plan, the development proposal consists of expanding an outdoor patio area at the <br />southernmost portion of the building and adding a covered, outdoor bar in the center of the patio area. The <br />proposed patio will be mainly hard -surfaced with a 266 square foot grass area at the west edge to help off -set <br />impervious surface limits. The entire patio area will be enclosed with fencing that ties in to the south wall of the <br />building. The western portion will be enclosed with a six (6) foot tall privacy fence (wooden, good -neighbor <br />fence). The south and east sides of the patio will be enclosed with a more decorative split rail (or 'hitch and post') <br />type fence and the north side will be lined with the building. The style will define and enclose the patio area but <br />will maintain visibility into the patio from Highway 10 and the parking lot. The project proposes to remove eleven <br />(11) parking stalls along the southern property line (between the building and Highway 10) to accommodate turning <br />movements but will be adding two (2) parking stalls adjacent to the patio area for a net loss of nine (9) parking stalls. <br />A portion of the property is within the Critical River Overlay District and thus, there are limitations on the amount <br />of impervious surface area. In 2001, a variance was approved allowing a maximum of sixty-nine percent (69%) <br />impervious area on the portion of the property within this overlay district. The project shall be completed with no <br />net gain of impervious area to avoid needing another variance. The DNR has reviewed the application and stated <br />they have no comments on the proposed improvements provided the changes remain consistent with the variance <br />granted in 2001. <br />The proposed outdoor patio tables will accommodate twenty-four (24) people plus an additional twenty (20) around <br />the bar for a total of forty-four (44) additional seats. City Code requires one (1) parking space for every 200 square <br />feet of floor space for retail uses under 20,000 square feet. The existing retail building is 23,312 square feet and of <br />that, approximately 5,415 square feet is dedicated for Willy McCoys. Based on the retail use square footage <br />(excluding the restaurant area) a total of eighty-nine (89) parking spaces are required. Restaurants and drinking <br />establishments are required to provide one (1) space for each three (3) seats. The establishment will have a total of <br />