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A RESOLUTION GRANTING <br />A CONDITIONAL USE PERMIT <br />FOR COFFEE BAGEL RETAIL STORE <br />PURSUANT TO ORONO MUNICIPAL CODE <br />SECTION 78-764 <br />FILE NO. 16-3856 <br />WHEREAS, Paul Agre Company (hereinafter the "Owner") is the owner of the <br />property located at 2380 Shadywood Road within the City of Orono (hereinafter "City") and <br />legally described as in Exhibit A, attached (hereinafter "the Property"); and <br />WHEREAS, Saryan Cuisine Development, LLC (hereinafter the "Applicant') on <br />behalf of the Owner has made an application to the City pursuant to Orono Municipal Code <br />Section 78-764 for a conditional use permit (hereinafter the "CUP") to permit operation of a bakery <br />cafe with integrated production kitchen as a coffee bagel retail facility (hereinafter the "Project'); <br />WHEREAS, after due published notice and mailed notice in accordance with <br />Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held <br />a public hearing on August 15, 2016 at which times all persons desiring to be heard concerning <br />this application were given the opportunity to speak thereon. <br />NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: <br />FINDINGS <br />This application was reviewed as Zoning File 16-3856. <br />2. The Property is located in the B-5 Limited Neighborhood Commercial Zoning <br />District. <br />3. The Planning Commission reviewed this application at a public hearing held on <br />August 15, 2016 and recommended conditional approval of the CUP based on the <br />following findings: <br />a. A coffee bagel retail store is a listed conditional use, but not defined, and <br />contains 4 criteria that must be met when allowing goods to be consumed on <br />premises. <br />b. The proposed use meets those criteria: <br />i. No more than 50 percent of the gross floor area of any single building <br />shall be devoted to coffee and/or bagel retail store uses. <br />Page 1 of 5 <br />