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Commission continues hearing on Shady’s Pelican Lake music and events proposal to allow time for noise standards work
Summary
The commission continued consideration of a conditional use permit to allow expanded outdoor events and a band shelter at Shady’s Pelican Lake LLC after township officials and multiple residents urged stronger, enforceable noise standards and monitoring language; staff and commissioners agreed to return with draft noise conditions.
The Stearns County Planning Commission on Feb. 11 continued deliberation on a conditional use permit sought by Shady’s Property Investment of Pelican Lake LLC to legalize an existing outdoor band shelter and permit recurring outdoor music events at a lakeshore commercial property in Avon Township.
County staff reported the applicants bought the property in January 2023, that a previous complaint uncovered an unpermitted band shell and outdoor bar, and that a 2024 variance allowed the existing impervious lot coverage. Heidi and other staff noted the site is in an R‑1 residential zoning district and within a shoreline overlay; staff recommended that outdoor music only be allowed if noise levels comply with Minnesota Pollution Control Agency noise standards (Minn. Rules ch. 7030) and suggested monitoring and capacity limits tied to the approved parking layout.
Avon Township officials and multiple residents urged the commission to deny the request or impose stricter limits. Leroy Gondringer, an Avon Township supervisor, said the township voted unanimously to recommend denial and asked that, at minimum, the county require: outdoor events to be at least 30 days apart; no outdoor music past 10 p.m.; compliance with the township noise ordinance; township noise‑exemption permits for each event; and real‑time noise monitoring equipment. John Tillman, a nearby resident, recounted that the first unpermitted music night he heard began at 8 p.m. and continued “till midnight,” and said subsequent events occurred despite township and sheriff notifications.
Other testimony came from Saint Joe Township officials who urged the county to adopt enforceable noise language in conditional use permits to avoid what they described as repeated problems in their township; one supervisor said the county’s long‑term approach should require operators to employ “a speedometer” for sound — real‑time monitoring so operators and regulators know whether sound limits are being exceeded.
Members of the commission and staff discussed the Longshots case (a separate venue) as a precedent: after the county required monitoring and tied events to state noise limits, complaints decreased. Commissioners asked staff to work with applicants and the township to draft noise‑monitoring and operational conditions that can be applied consistently across similar permits.
Given the number of outstanding questions and township opposition, commissioners voted to continue the matter to the February meeting so staff can bring back recommended noise/monitoring language and the applicant can respond. The continuation was unanimous.
Staff noted the application requested 10–15 outdoor music events per year with one to three events extending past 10 p.m. The applicant, Lee Mergen, said typical events tend to be daytime and that he had not often exceeded attendance numbers used in older permits; he said he would cooperate with reasonable conditions if the county required them.
The commission’s continuance does not grant the permit; the county will return to the application with proposed enforceable conditions that address decibel monitoring, event frequency and hours, capacity tied to parking and compliance with township noise ordinances. The county board will act on any eventual recommendation in a subsequent hearing.
