HomeMy WebLinkAbout#3842-variances-1997 �� T � •
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�b. - CITY of URONO
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'�' RESOLUTION OF THE CiTY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.42, SUBDIVISION 7 (G), 10.56, SUBDIVISION 16 (L)
� AND 10.61, SUBDIVISION 10 (0)
AND APPROVES THE ISSUANCE OF A BUILDING PERMIT
TO RICK BLOOMQUIST FOR THE PROPERTY
LOCATED AT 3333 SHORELINE DRIVE
PER MUNTCIPAL ZONING CODE SECTION 10.42, SUBDIVISION 2
, FILE NO. 2199
WHEREAS, Richard Bloomquist (hereinafter "tlle applicant") has an interest in
. the property located at 3333 Shoreline Drive located within the City of Orono (hereinafter "the
City") and legally described as follows:
Tract D, Registered Land Survey No. 1422, Hennepin County, Minnesota
� (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a building permit per
Municipal Zoning Code Section 10.42, Subdivision 2 to permit the structural additions to the
existing structure requiring first•a review by the Planning Commission and approval by the City
Council before a building permit can be issued by the Orono Building staff. The application
includes the following variances:
1. Section 10.42, Subdivision 4 (D) - Structural setback variance.
A. West side setback (Kelly Avenue)
Required = 60'
Existing = 10' ,
Proposed = 38' '
Variance = 22' or 36.6% �
� B. South side setback
Required = 60'
Existing = 24' ,
Proposed = 18'
� Variance = 42' or 70%
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2. Section 10.56, Subdivision 16 (L) - Hardcover variance witlun 500-1,000' setback �
area.
Total area = 124,420 s.f.
Allowed = 43,547 s.f. or 35% . �
Existing = 89,547 s.f. or 71.97%
" Proposed = 91,179 s.f. or 73.28%
Increase = 1,632 s.f. or 1.31%
Hardcover variance = 47,632 s.f. or 38.28% (existing = 46,000 s.f. or
36.9%)
3. Section 10.61, Subdivision 10 (0) - Off-street parking variance.
' Required = 177 parking stalls (net floor area = 26,533 s.f. = 150)
Existing = 108 parking stalls (approved variance 11/91)
Proposed = 121 parking stalls
� Variance = 56 or 31.6%
WHEREAS, the Orono Planning Commission reviewed this application at their
January 21, 1997 ineeting and recommended unazlimous approval of the development plans per
the commercial site plan prepared by Planmark dated November 12, 1996, most revised date
January 31, 1997, for Rick's Super Valu based on the following unique findings and hardships:
1. This application was reviewed as Zoning File #2199.
2. The property is located in the B-3, Commercial Shopping District requiring two
acres in area. The property consists of 2.85 acres. '
3. In 1988, the Hennepin County Department of Transportation acquired �
approximately 8,120 s.f. of area of property in order to complete major safety
improvements at the intersection of County Roads 15 and 19. This acquisition
had a major iinpact on the existing parking lot and pylon sign located adjacent
to the County roadway. Resolution No. 2482 of the City of Orono granted
variances for the relocated pylon sign and a 0' front yard setback (required =
20') for the parking lot adjacent to Couniy Roads 15 and 19.
4. In 1991, the City granted;variances per Orono Resolution No. 2923 for setback
�� and off-street parking to permit an approximate 47' x 120' addition at the west
side of structure.
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5. The City has no record of automobile accidents or property damage resulting
from reconfigured parking lot approved in 1991 variance review. At that time,
the City granted an off-street parking stall variance approved at 108 parking
stalls (required = 134).
6. The City has limited accessory or independent sales operations within the
parking lot due to inadequate parking area.
7. A 30' utility easement extends east and west to the immediate north of the
structure restricting all expansion northward.
'.8. In 1974, the City obtained an open space conservation easement over the south
100' of the property restricting all structural expansions to the south of the
structure. ,
• 9. The only feasible location for expansions of tlie existing structure is either to the
east or west.
10. Shawn Gustafson, the City Engineer, in lus report of January 15, 1997 confirmed
the 1,600 s.f. increase of hardcover paving required as a result of these
improvements will have no iinpact on the stormwater facility located to the south
of the structure.
11. Seasonal flooding of the Kelly Avenue roadway results from plugged culvert that
brings drainage from west side of roadway to east. Flooding can be reduced in
this area with maintenance of culvert.
12. In 1988, Hennepin County acquired some 8,120 s.f. for County road �
improvement. Loss of this area resulted in more restrictions for off-stxeet
parking needs with future expansion.
13. In 1992, the City adopted the new shoreland regulations that would now include
commercial properties located witlun 1,000' of the shoreline of a protected lake. �
Tlie subject property is located within 500-1,000' of Lake Minnetonka and is
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allowed 35% hardcover. In 1991, the City approved a site plan that resulted in
71.97% hardcover. The current proposal proposes a total of 73.28% for an
increase of 1.31%. � '
14. Existing hardcover on this property is consistent with the hardcover
improvements on surrounding commercial properties located within the shoreland
areas of the Navarre business district.
15. Section 10.42, Subdivision 7 (B) limits the floor-to-air (FAR) ratio at 28%. The
applicant proposes 29,481 s.f. of structural improvements or .67 acres or 23.5%.
The FAR has not been exceeded.
16. The relocation of the access further south along Shadywood Road will greatly
. iinprove safety with use of access as access will be located further away from
• the intersection of County Roads 15 and 19. �
17. Per Section 10.42, Subdivision 7, at least 12% of the 2.8 acre property must be
devoted to a green area of 14,930 s.f. The proposed and existing green area
consists of approximately 28,600 s.f. of open space. Applicant has agreed to
provide tree plantings within the east and south side yards of property.
18. Applicant's consultant has provided three schemes for the final elevations of the
north and east facia of the building with the goal of improving the aesthetic
appearance of structure.
19. The 29,481 s.f. structure will be the largest commercial structure within the
Navarre business district and will provide a standard for the redevelopment of �
other commercial properties within the business district.
20. Surface drainage resulting from this improvement will have no impact on
existing stormwater facilities on site nor on the recent Kelly Avenue stormwater
, improvements located to the south of property.
� 21. The new uses proposed with structural additions are all permitted and accessory
uses within the B-3 zoning district.
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22. Lyle Oman, the Building Official, in his report of January 9, 1997 has estimated
two service availability charges may need to be paid to the Metropolitan Council
Environmental Services based on the area and uses proposed within the new
addition. Per the City's fee schedule, the City will collect sewer and water
adjustment charges based on the final number of SAC charges determined by the
Metropolitan Council Environmental Services. Each sewer and water fee is
$950.00.
. 23. The City has received no negative comments from the adjacent residential or
commercial property owners notified of this review. `
24. The City Council finds that the conditions existing on this property are peculiar '
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
• pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby approves the commercial site plan and landscape plan by Planmark dated
� November 12, 1996, most revised date January 31, 1997, and approves a hardcover variance
within the 500-1,000' setback area, structural setback variances and off-street parking variance
based on the unique findings and hardships noted above; and approves the City's issuing a
building permit to Richard Bloomquist for the 1,456 s.f. addition at the northwest side of ,
� structure and 5,232 s.f. addition at the north and east side of structure as shown on the above '
referenced commercial site plan, subject the following conditions: .
1. Upon application for a building permit, applicant sha11 provide the following
information with the building permit application:
A. Detailed grading, drainage and erosion control plan showing e�cisting and
proposed contours, elevations and erosion control measures to be used
. � during construction. Details should be provided for any retaining walls
• that may result along the south side lot line.
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B. Permit from the Minnehaha Creek Watershed District.
� C. An amended survey locating all improvements, 30' utility easement to the
north side of structure and 100' open space conservation easement to
south of structure.
D. Permit from the Hennepin County Department of Transportation
approving relocation of access at Shadywood Road.
E. Letter from Metropolitan Council Environmental Services confirming
number of SAC units to be charged as a result of the expansion.
F. Fully executed Developer's Agreement and a Letter of Credit written to
" 150% of the cost of the required improvements. Improvements are listed
�� as follows:
1) Striping of parking lot.
2) Plantings to be completed per approved landscape plan by
Planmark dated January 31, 1997.
3) Signage for four diagonal parking stalls along west side of
building either limiting parking for use of employees or 15 minute
parking.
4) Relocation of Shadywood access to southeast corner of property
and additional paving for east loading dock. If upgraded access �
involves work within adj acent bank property, applicant to obtain
written approval of owners.
G. Architectural plans must be signed by a State registered architect.
2. The City shall continue to implement policy adopted in 1991 that would
discourage use of parking lot for independent or accessory sales operations.
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3. Payment of sewer and water adjustment charges at $950.00 each to be
determined by the number of additional SAC units estimated by the Metropolitan
Council Environmental Services.
4. The additional parking lot pavement near the loading dock should be designed
for nine ton loading capacity with concrete curb and gutter. Erosion control
measures must be installed around Catch Basin #2 prior to beginning the grading
operations near the east loading dock.
. 5. Applicant's engineer shall provide an estimate of the total cost of site
improvements for the City Engineer's review. The City Engineer shall determine
the amount of the Letter of Credit that will accompany the Developer's
Agreement to be executed by the applicant. This information must be provided
before applicant applies for a building permit. .
• 6. The City Council has considered the three schemes for the aesthetic upgrade of
the elevations of the Super Valu structure. Applicant has,agreed to install either
one or a combination of features within the three plans as a condition of this
approval. The structural additions will be finished with the same paved block
as used with existing construction.
7. Applicant and fuiure owner is placed on notice that any future request to expand
the facility following proposed improvements shall not be considered unless
contiguous or adjacent land area has been acquired.
8. Authorities granted by this resolution run with the properly not with the owners,
but are permissive only and must be exercised by application for a building .
pernut within one yeaz of the date of Council approval, or the special conditions
of the resolution will expire on that date (February 10, 1998).
9. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
� 10. The undersigned applYCant and owner have read, understood and hereby agree to
• the terms of this resolution and on behalf of themselves, their heirs, successors
and assigns, hereby agree to the recording of this resolution in the Chain of Title
of the property.
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,b. - CITY of ORONO
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�� ��'�' RESOLUTION OF�T�E�CI�TY COUNCIL ,
�k'ESH�4 NO.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the lOth day of February, 1997.
A EST:
/�'1.
Doroth llin, Crty Clerk � Gabriel abbour, Mayor
�
� � ���IJ2�1t/!.-,
,
Richard W. Bloomqui ,- plicant Thomas M. E�tlers, President of MGT
Company
�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this lOth day of
February, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City. �
o:� . JAMIE L.BOSMA � •
',�`` NOTARY PUBLIC-MINNESOTA NOt3Ty PUUIIC
; HENNEPIN COUNTY
�,..••' My Commission Expires Jan.31,2000
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
� On this � day of 199�before me a Notary P blic within��
and for said county, personally appeared ' �
known to me to be the person(s) described in and who exec d the �foregoin instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
+� ;°..""• JAMIE L.BOSMA + �'�'
� . '' " �
NOTARY PUBLIC-MINNESOTA NO ARY PUBLIC
� °+�;��.� HENAEPIN COUNTY
�, My Commission Expires Jan.31,2000
,e?•t%"�.=�e�;•��.�i•''�.^�«�.-r`-,,� ," y�-o,..�.,,,.,,�'Y�
• STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
On this �]� day of D {, be,M� 199 before me a Notary Public within
and for said couniy, personally appeared T UIr1Cc5 • F�1�Y'�S •
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.
..r.�w»w..w.w«Mr �'� . ./��
HANC1t L.i�E�Ct�i
� ���� NOT PUBLIC
�I�IM!�MM il�.!�.�
� .N,...�..
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