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Home My WebLink About#3561-CUP-1995 �a., � O� • O O �b. - CITY of ORONO � ti � � � k '�' RESOLUTION OF THE CITY COUNCIL ��`9kESH�g'�G NO. e� � 6 � �i: A RESOLU�ION GRAN'rING � A CONDITIOleTAL �TSE P�RMIT P�R MUNICIPAL Z�N�+t+G CODE � SEC7I'IO1�T 10.43, SUBDIVISIUI'd 4(C) FILE #2013 � WHEREAS, M: Boyd Burton, Vice-Chairman �zid CEO of the Freshwater Foundation (hereinafter "the applicant") Yias an interest in the property located at 2.SU0 Sl�adywaod Road located within the City of Orono (hereinafter "City") and.legally described"as: Tract B, Registered Land Survey No. 1630, Files of the Registrar of Titles, in and for Hennepin County, Minnesota (hereinafter "property"); and • �IHEREAS, the applicant has applied to the City ot'�rono tor a coziditional use permit to permit the conlinued use of the facility as a research 1I1CI educzttio�ial cen.ter per IVTunicipal Zoning Code Section 10.43, Subdivision 4(C). NOW, THEREFORE, I3� IT ItESOLVEI� b�� the City rout�cil of Orono, �11S1ilE;SUl1: rnvn��rGS � 1. The application was reviewed as Zoniug File #2Q13. 2. The property is located in tlle B-4, Office and Professional IIusiness Zoning District requiring a minimum of 20,000 s.f. in area. The p.roperty cozisists of 5.07� acres. 3. On May 15, 1995 the Orono Planning Commission reviewPd the applicatioii as amended and recommended unanimous�approval base�i on tlie fallowing findings: A) The Gray Presl�water Biological Institute �vas founded by tlle applicant in 1974. • Page 1 of 5 r ' i � �11�' ' _ � O o , b. � CITY of ORONO � ti '�' RESOWTION OF THE CITY COUNCIL ��kE H�g'�G . NO. e� � 6 �. ' ._ S B) In December of 1976 the Institute was gifted to the University and has continued under its ownership and management through to the present time. C) The City has no record of issuing a conditional use permit to either the Freshwater Foundation or the University of Minnesota for the research � center. ' D) In July of 1995, the Freshwater Foundation will once again own and manage the Institute and has agreed to file the required conditional use pernut. (E) The Foundation proposes no changes in use but will continue to provide � conferencing facilities, laboratories and office space. • (F) The Institute will continue to provide a polling place for Navarre residents. (G) There is no intensification in use proposed. The Institute will operate at the approximate use level as was provided under the management of the University of Minnesota. (H) The Institute owns an adjacent parcel to the immediate west, Lot 8, the Marsh of Lafayette. The additional area may be used to serve future parking needs if necessary. (I) The applicant has agreed to install certain required improvements under the Americans with Disability Act prior to the 1996 general election. 4. The City Council finds that granting a conditional use permit to allow the continued use of the facility as a research center will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate sunounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code � and Comprehensive Plan of the City. • Page 2 of 5 � � �� i O O ; �b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �� kE58�4� NO. � Jr � �� ..._.;� 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.43, Subdivision 4(C) to permit the continued use of the facility located at 2500 Shadywood Road as a research and educational center and to continue to be known as the Gray Freshwater Biological Institute, subject to the following conditions: 1. Upon occupancy applicant shall be responsible for installing fully compliant raised and Braille signage on all doors of toilet rooms in close proximity to the p�llin� • areas. � .2. Applicant has agreed to make the following improvements �vithin the Institute by July of 1996: �1. Provide a van accessible parking stall within the parking and pedestrian crossing and to crosshatch the pedestrian crossing to warn motorists. � B. Ensure that a curb cut/ramp be provided leading to the sidewalk. C. Reduce the tension of the main entrance and vestibule doors. D. Bevel the abrupt rise at the main entrance doors. E. Toilet rooms in close proximity to the polling areas to be upgraded. Lower coat hooks provided in close proximity to polling area. F. Assessable drinking fountain be provided in close proximity to the polling area. 3. Upon occupancy of applicant but no later than July 31, 1995, applicant shall provide copies to City of 1VIPCA report certifying removal of hazardous wastes • from facility. Page 3 of 5 � . •� � O� • O O �b. - C ITY of ORONO � �F RESOLUTION OF THE CITY COUNCIL ��kES8�4�G NO. � � � '�' -� 4. Applicant is advised that the City will reserve its right to recall or reconsider this conditional use permit as it relates to additional parking needs or paving improvements. 5. Violation of or non-compliance with any of the terms and conditions of this � resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. M. Boyd Burton, Vice Chairman& CEO of the Freshwater Foundation has read, understood and hereby agrees to the terms of this resolution and on behalf of the Freshwater Foundation, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of May, 1995. • A EST: � orothy allin, City Clerk Edward J. Callah , Jr., Mayor " M. � Burton, Vice Chairman & CEO of the Freshwater Foundation STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 22nd day of May, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the � City. • a,,.�, LINDAS.VEE ' � �� "r= `'' '; NOTARY PUBLIC-M�NNES07A , � HENNEPIN COUNTY No ary Public � ' ��.• ues Jan.31,2000 �.,,,..• My Commission Exp' Page 4 of 5 ..... ,....�.,.. . . . _ _. .. ._ . _ ._ _ � w .` , ,. � � . . � O� • O O �b. � C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��k'ESH�g'�G NO. �e� c�D s 1 _ STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this /3 � day of /�a� , 199 lv before me a Notary Public within and for said county,personally appeared m � .B,Bur�o��. 1�i��e C�1q��rn�h � �EO °� ,�,�j� `�P��f�.�r �ccnr/a,s'ar� _ known to me to be the person(s) descnbed in and who executed the foregoing i.nstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . . �� ° '"'•. LINDA S.VEE � q�` NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC :�r��"�,� HENNEPIN COUNTY � `�°•�'' My Commission Expires Jan.31,2000 STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . NOTARY PUBLIC • Pa�e 5 of 5 �