HomeMy WebLinkAbout#2193-CUP-1987 .. - .
` �i = Cit o� ORONO
ti-. �'
� '-ct`"�
RESOLUTION OF THE CITY COUNCIL
� .' .,. N O. 219 3
� - • •
A RESOLIITION GRANTING
A CONDITIONAL QSE PERMIT
PER MiINICIPAL ZONING COD$
SECTION 10.03, SUBDIVISION 5 (J)
ORONO R$SOLIITION #961 - FILE #1112
WH$REAS, Smith's Bay Marina, Inc. (hereinafter "the applicant" )
has an interest in the property located at 1960 Shoreline Drive located
within the City of Orono (hereinafter "City") and legal ly described as Lot
2, Block 1, Tourangeau Addition:
WIIEREAS, the applicant has applied to the City of Orono for
. a Conditional Use Permit to permit a change in use from the existing
gas station/transmission repair, a legal non-conforming use to a boat
sales/nautical shop with no boat repairs on site, considered a less
intense commercial use of the residential property per the directives
of Section 10.03 Subdivision 5 (J) and Orono Resolution #961, Item 6
• of Section III of that Resolution which states as fol lows:
"6. Other uses may be considered by the Council upon application
and upon a finding that the proposed use is less non-conforming
than the above permitted uses."
,NOW, T�ERBFORE, BE. IT RESOLVI3D by the City.Counci 1 of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1112.
2. The property is located in the LR-lA, Lakeshore Residential
Zoning District.
3. On May 18 , 1987, the Orono Planning Commission reviewed the
application as pr'oposed and recommended approval based on the
following findings:
a) The proposed use creates less demands •on the severely
limited site.
b) The external appearance and principal use of the property
is more compatible with surrounding residential neighborhood
:� and existing legal lakeshore commercial uses of adjacent
marina.
c) Adjacent rieighbors have been notified of the proposed
change in use and none have submitted written objections.
Page 1 of 5
,
� •
.�
:
�
clt� o� oR,oNo
� RESOI.UTION OF THE CITY COUNCIL
�� NO. 219 3
' • � • •
d) The surrounding property owners support the less intense
. use as long as boat repairs are not performed on site nor
excessive storage of boats allowed in open yard areas.
e) The approved site plan for the use will preserve adequate
. . .. sighting distance at the adjacent intersection.
f ) The proposed use and concurrent site improvements will
have a positive effect on the property values of surrounding
residences.
4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by the staff and comments of the applicant and the effect
of the proposed use on the health, safety and welfare of the
community.
• 5. The City Council finds that granting a Conditional Use
. . Permit to allow a change in the existing use of the property to a
� � boat sales/nautical shop use 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 it depreciate
surrounding property values and that the proposed level of use of
the property will be in keeping with the intent and objectives of
Zoning Code and Comprehensive Plan of the City.
CONCLDSIONS, 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 10.03, Subdivision 5 (J) and Orono Resolution #961 to
allow a boat sales/nautical shop use that would replace the existing
service station/transmission shop subject to the following conditions:
1. Applicant/owner to execute a developer's agreement and post a
• �letter of credit by June .30, 1987 to ensure completion of the
following items:
a) Surface drainage plan - all surface water (runoff) to be
treated on site and allowed to enter catch basin on County
right-of-way at the same rate runoff would leave property if �
. it was undeveloped. Plan to be reviewed by the Hennepin
County Highway Department and City.
Page 2 of 5
.�,.
a
• �
• -
Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2193
•
' • � • �
b) Landscape improvements as follows:
1) The side yard adjacent to 1950 Shoreline Drive to be
' buffered by 5 feet of landscaping and privacy fencing
up to 30 feet street setback at which point a 3-1/2'
fence shall continue to street right-of-way. Existing
privacy fence to be repaired.
2) No plantings within County right-of-way nor grassed
' buffer area adjacent to Spates Avenue and Shoreline
Drive.
3) Connect privacy fence to existing fence along rear
lot line along northeast portion of property line - do
not extend fence to Spates Avenue.
4) Applicant to work with City to provide appropriate
natural screening adjacent to lift station and within
• rear yard green.
c) Installation of approved parking plan providing 8
passenger vehicle parking stal ls and 7 spaces for boats as
follows: •
� 1) Spaces 1 through 4 limited to larger boats not in
excess of 25 feet - no masts to be installed.
2) Spaces 5 through 7 limited to smaller boats not in
excess of 20 feet - no masts to be installed.
d) Removal of underground gas tanks per standards of Uniform
Fire Code and underground tank to east of��bui lding used to
store oil, etc., wastes from transmission repair operation.
Permit from City required.
� ;c
e) Removal of pump island. Permit from City required.
2. A single access shall serve the proposed use, the Orono staff
shall make the final determination regarding the location of the
access. �
3. Signage to be limited to existing building signs - lighting
shall be shielded from all lot lines - post fire lane with
• signage on east side of building.
4. The change in use will not require additional SAC charges
against the property. Applicant/owner is hereby advised that per
Orono Resolution �1778 if a full service station use returns to
the property that one additional sewer unit will be assessed and
"that the deferred assessment will be spread over the same amount
• of time as all other units".
Paqe 3 of 5
�
r � •
Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2193
�
' • - • •
5. Authorities granted by this conditional use permit run with
the property not with the applicant, but are permissive only and
� , must be exercised by application for a permit within one year of
. the date of Council approval, or this conditional use permit will
expire on that date (June 8, 1988 ) .
6. Violation of or non-compliance with any of the terms and
conditions of this resolution shal 1 constitute a violation of the
Zoning Code, shal 1 automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
7. The undersigned owner has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his
heirs, 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 8th day of June,
• 1987
ATT T:
�
.
D othy allin, City Clerk Jam s R. G'ra yor
�T'II��s A� �i9-R/l)/�.Q-�,LN�, ,
�,�,.��.f � n�
(1) Property Owner
�}
� ,r
•
Page 4 of 5
�
- ! .
c�t� o� oR,oNO �
• RESOLUTION OF THE CITY COUNCIL
� NO. 219 3 � �
� � . .
1 ' � - • • - . . . _
STATE OF MINNESOTA )
• ) ss.
COUNTY OF HENNEPIN )
On this ' day of , 198
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
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) -
• )ss.
COUNTY OF HENNEPIN )
On this �� day of , �98/, before me
a tary Public ithin a d for aid County, personally appeared
known to me to be the
erson(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed tYie same as his
(their) free act and deed.
�L.�L.B�� ' ,
NOTARY PUBL '
� � � /���
MY COMMISSION EXPIRES . ,
�°°•� ��►�Q�. �t, t�a�e-,�
r. a,,,..
� t'^�t�-�'� NOFARV PUDUC-MINNfiSG�A .
� � �"��"=`'t HENNEPIN GOUNTY
. . ' . Page, 5 of 5
, , �V1y commission expiresOct.7,1989
. . . . . . . . . ' - .� ..
.-• Yy;. -�
_ . s � . l
.s�a.....r�� .
W� i
. .. �
�
�: , .
• ' / . � .
,
y
�
y� 3TATE OF NINNESOTA ) ' �
�.,
.; )
COUNT7 OF NENNEPIN )
� ,
)
'� CITY OF ORONO )
• . ' :,..
• I Dorothy M. Haliin� City Cl�rk of tht Cit ot ��
Y Oroao. Hena�pin
i County� NipntsoLa� do h���br o�rtify that I hcvt oo�Dar�d tht
for��oia� oopy of � resolution of Lh� City Couaoil of tht Citr ot Orono
xiLh the oritinal reaord of suoh r�solutioa ia tht Minutts of the �
proo�edings of said�City Counoil at a ■eetin� ot' aaid CiLr Counoil held
on June 8 � 19 87 . aad tbat the sa�t !a a true �
and oorreot aopy nf aaid reaolution was duly sdopttd by said City � �'�'�"�
� Couaoil •t said ■��tina. . „.,�';.��
, s
. . .,+:.'l+�'�
In ltitaeas Yhereof. I har� h�r�unto s�t ■y hand �nd seal thia ��;c;��r'�
� 30th � dar of J 1 � 19 g�_� � �.�:
, , r',
� � ..` • ;
,r h ,i.,,;,, . . ,
I ,•i• � '�'vl•'1'; - , �
1
1 �� y L � �' •
� ��•
tbr M, iia. citr Cl�rk
� �,�� .
..`:
,
� � � .,� • !
. � . .. .. . _. ._ ��� . :�
. .. . ;�,,-� 'r� . . _ . .. . . . . �.
r�
� , ti�� �
� . � � :�°'.���
� � ;�:��x�y!
,� ��
� • •;:•� ��,��
,,►�,'?;��^.�
I ' �gslt�ryt:��!:
� ����~�:s�:
1 . !..�•�•�:�
� r:�,?:�;��;�.
I �a. 2'
� � ' • s,.� i'..���
a•�;
t {�'.'+. q�''
�� ��+�;
1 �.• � �,,f,
,; ,�,::
jr4�W,.
� . 1�.`�',�i.�';'.
� r �•�''ti'�:.}
� . . � , • . . �•����.'�
��;
' .•Ll_.�i:`1�:.�
. �,r;��,,a.
�..�'t:�o�_���.
. { 4��r,1.�7
, �A.� .
_�
.. W� � ,
� � _. I
-- - --- � .
r• ;;. ' �
' � . G�t.J . • . .
m ct�-- ��.
m � �� �
� ,,nn `z' � '�
� � :� T N �
, � J-n �+z �
m
� rz� �' �1npp
i � . � � mo „ �+
c�
�:, O �
,i v � ?� "�'^ � +.
r �+. ��m� .
.o �� � m �'^�
� C' 7 A �j
� � � O m i►i
� y � Z? p
3 � . . . : �+ ";��:-
: � �:r:;
. '';"`
. . . , . � . ` :.,,'`.:
�
� :. , ,
�
1 , , , .. , . . ` .. . .
� ,
. � . .. - .. . .. � .. . . . . .
�
. � • . . . • ' . . .� .. ... . . .. . . . .i . . . .�� ., . . . . � �..i . �'/
• � '�� :
. 1 . . . .. . ,.... ... .. . . ., . . . .. ._..... �� � . ......_. . . .... .. .. ?` � ,�V
. � . � / y f-..,
. � ' � . ... . �. .� Ar.�';
. � � � � . ' ' . �.^ . - , � . . � . �
. . � . _ .. ?' . . �.,S.�. .. ,.. .......� � . . � {�
- � � i ,f!_ i, . ,
I . , _
. ,,,± , , � ,.
1
' ! :
, � . •
' ' .i
- /f.-
, `j�
! �L
` ,y �f 4
J.)� aY';
:!!5�. ,(r'
� . . . . .�.j l,��w'
`;���'i�:;;;
:�',, .x.S,;
� rR �.;,�a��.�
N/ F .#''ti,,
� � a�a� SF Q , ��,;°:
. P,�p�Rn,l���wrR �;,y�,,.
, .� ��w ,
"a �p i
� • � :N�� fw�:
.. �� � . . � �,' � 4ti:�:
,.�,i.�� �:� .�1• .
/
'I" `;;
.. �' � I. •�i.�•','.
� ::.r��:.�.,
s . `�I.,f,�a;Rr���
I. } ��� y, •
�� M6'4l?
( . 1i �� '.*fi
}`1� �i
' .. /��:.�..�....