h. Beer license application--Bear Creek Winery

March 28, 2008 PLANNING AND DEVELOPMENT 200 Third Street North Fargo, North Dakota 58102 Phone: (701) 241-1474 RECEIVED Fax: (701) 241-1526 E-Mail: planning@cityoffargo.coni MAR 2 8 2008 www.cityoffargo.com FafY 0 .B Cass County Commission PO Box 2806 Fargo, North Dakota 58108 CASS COUNTY COMMISSION RE: Bear Creek Winery (Rod Ballinger) Conditional Use Permit Dear Cass County Commission: Please find enclosed a copy of the "Non-Farm Commercial Use" Conditional Use Permit (CUP) that was issued by the City of Fargo Planning Commission on March 12,2008, The CUP was issued to Rodney Ballinger, o'Y'lcr and oEerator oftheuBear Creek Winery, for an Agricultural (Ag) zoned property located at the s~)Utheast corner of 25 . SI S and 88' Ave S, As approved"theCUP. expands the currentrange 'of allowable land uses' , , afforded the agflculturally zoned subject propertY, as id~ntified in Table 20-040 I ofthe'City ofF~rgo L;md" "', Development Code, to include the following: ' 1. Ability to hold events, in conjunction with the Bear Creek Winery, including, but not necessary limited to banquets, receptions and parties (i,e, birthday parties, grooms dinners, anniversary celebrations, and Christmas gatherings), Attendance of special events shall be limited (inclusive of staff) to no more than the maximum occupancy of the winery as determined by the City of Fargo Inspections Department (this may be determined in conjunction with the applicable fire department); except for outdoor events, which shall be Iimiteo by sanitation facilities. 2, Ability to sell alcohol, in conjunction with the winery and as permitted by Cass County. It should be clearly noted that this proposal is not intended to establish zoning that allows a bar/tavern but rather provides the appropriate zoning to enable Cass County to issue an alcoholic beverage license to the petitioner. In other words, all alcoholic sales must be related to activities associated ~th the Bear Creek Winery and adjacent restaurant. Note: If the subject property is annexed by the City of Fargo, Ordinance 4541 stipulates that an initial issuance fee may be required of any licensee which is the holder of a license from another subdivision over of which the City of Fargo has required jurisdiction by annexation. 3. Ability to sell food, in conjunction with the Bear Creek Winery and as permitted by the North Dakota Department of Health, ~ " . <'. -", ' . '. . .". . ' . , . '-i . 4: The Conditional Use Permit' shall tun with the property. To summarize, iUs the interpretation of the City of Fargo Planning Department that the subject property is in compliance with the existing zoning regulations and with the issuance of the CUP, the sale of-alcohol, sold in conjunction with the operations of the winery and restaurant, is considered a permitted use. If you have any questions, please feel free to contact me at ihindeniker(m,cirvoffargo.com or by calling me directly at 241-1473. '. \mcer~IY, ~ ~,~ James Hinderaker. . ,S~nior Planner' Attachment: CUP Permit :fargo.Moorhead .~ A1I-AnerlcaCity, I 'III! . 1000 .. '-J P;illlCd on R"cyd;,d parer.