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After-the-fact permit granted for Pelican Lake venue with limits: 10 outdoor events, noise monitoring, 393-seat parking cap
Summary
The commission approved an after-the-fact conditional use permit for Shady's Sunset Bay at Pelican Lake with conditions that limit outdoor music and events, require noise monitoring, cap seating at 393 without more parking, and require a construction permit for the band shell by June 1.
The Planning Commission approved an after-the-fact conditional-use permit for Shady's Sunset Bay (Shady's Property Investment with Pelican Lake LLC) authorizing an outdoor band shell, outdoor events, and continued outdoor bar operations at a property on Pelican Lake subject to conditions.
Staff said the item had been before the commission previously, that Avon Township recommended approval with limits on outdoor music, and that the applicant worked with the township to secure a recommendation. The commission's conditions mirror the township's recommendation: outdoor music is allowed until 8 p.m. on regular days; up to 10 special outdoor events per year are allowed (no more frequently than every other weekend), and on those special events outdoor music may continue until 10 p.m. Outdoor music is allowed only if noise levels comply with Minnesota Rules chapter 7030; when music is occurring the permittee must guarantee compliance at the property line by performing sound level monitoring that meets the Guide to Noise Control in Minnesota (sound-level equipment and procedures per the guide), maintain real-time sound reports for at least one year and provide them to the county or township on request. County staff added a parking-related condition that caps seats at a maximum of 393 (including indoor and outdoor seating) based on available parking, unless additional parking is approved. The band-shell structure also requires a construction-site permit; the application must be submitted by June 1, 2025.
Applicant Chris Shiffler said events are intended primarily to keep patrons at the site rather than draw large out-of-area crowds and described smaller, primarily acoustic performances; nearby neighbors spoke in opposition at the hearing, raising concerns about the pre-existing unpermitted structures, frequency of events, late hours and enforcement. Neighbor Scott Michaelitz, who lives next door, asked for stronger enforcement provisions, suggested graduated penalties for violations and said the county sheriff’s office currently lacks equipment in patrol vehicles to measure decibel levels for immediate enforcement.
Commissioner Rich moved approval with the listed conditions; the motion passed by voice vote. The commission noted the CUP would go to the County Board on May 6.
