Planning commission tables Shady’s outdoor-music conditional-use request after neighbors, township raise noise and parking concerns

The Stearns County Planning Commission on Feb. 27 paused consideration of a conditional‑use permit request from Shady’s Property Investment (Pelican Lake LLC) to expand outdoor activities at 18527 County Road 154 in Avon, including a band shell and outdoor music events. Commissioners voted to table the application so the applicant can consult with Avon Township, which has recommended denial and asked for strict noise and event limits.

Why it matters: The request would allow an existing business in a Shoreland area to host outdoor music and events. Neighbors, the township and county staff focused on whether the business can reliably meet Minnesota noise rules and avoid blocking a nearby public boat access with customer parking.

The applicant, Chris Shiffler, told the commission he runs Shady’s operations elsewhere and has used noise monitoring and limits there. “We have had 0 complaints after COVID,” Shiffler said, describing changes the business made at a Cold Spring location. He said Shady’s is asking for about 10–15 outdoor events per year at Pelican Lake, with most events limited to daytime or early evening; he also said he might request a single later event around the July 4 weekend that could run to about 11 p.m.

Avon Township, represented at the hearing by Lee Ray Gondering, told the commission it is opposed to allowing outdoor music at the site without a township exemption. The township submitted a recommended set of five conditions if the county were to authorize outdoor music; those included limiting events to one per 30 days, prohibiting outdoor music after 10 p.m., requiring compliance with Minnesota Rules chapter 7030 (MPCA state noise standard), requiring a township noise exemption for each event, and requiring purchase and use of real‑time sound monitoring equipment with reports kept for one year.

Multiple residents and nearby business owners testified about past events. John Tillman of Avon said he reported a previous late event to the sheriff and that, in his view, Shady’s had violated township and state noise rules on prior occasions: “I just want him to follow the rules,” Tillman said. Ron Schmader, who operates the adjacent Publican Light Ballroom, told commissioners that overflow parking associated with prior events has intruded into his lot and interfered with weddings and other private events. Craig Blonigan, a Pelican Lake resident, said noise from a previous concert kept his wife awake and that boaters could not access the landing during a past event.

County staff summarized the technical requirements they expect if the commission recommends approval: real‑time sound level monitoring meeting the MPCA procedures and equipment standards, monitoring at the property line, reports retained at least one year and provided to the county and township on request, and limits tied to Minnesota Rules chapter 7030. Staff also noted the township’s recommendation and that the township ordinance is more restrictive than the state noise rules.

Commissioners questioned how parking near the DNR public access should be handled, whether Shiffler’s prior noise monitoring practices would meet Avon’s requested standards, and whether one late event should be allowed. Environmental Services Director Shelley (full name on file) explained that noise is measured at the property line and that sound can travel across water, producing impacts that are audible to neighbors even when measurements at the source are within standards.

After public comment and commissioner discussion, the applicant requested additional time to work with Avon Township. The commission voted to table the conditional‑use permit and accepted a waiver so the application will remain on the commission’s files while the applicant and township attempt to reach agreement. The tabled status means the item will return only if the applicant asks the commission to remove it from the table or files a revised application; staff noted the potential need to re‑notice the public depending on how the item is continued.

Next steps: Shiffler said he plans to meet with Avon Township before returning. If the township grants an exemption or the parties reach conditions acceptable to both the township and the county, the applicant would need to return to the county for final action; if no agreement is reached, the application could remain tabled or be resubmitted later.

The commission’s action was a tabling (continuation) rather than approval or denial; commissioners repeatedly emphasized the need for concrete, enforceable noise monitoring and clearer parking arrangements before they would recommend approval.