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HomeMy WebLinkAbout#2923-1991 , ' . . . • Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2923 • - • • A RESOI.UTION GRANTING VARIANCES TO MIINICIPAL ZONING CODE SECTION 10.42, SDBDIVISION 7 (G) AND SECTION 10.61, SIIBDIVISION 10 (0) FILE #1600 WHEREAS , Richard Bloomquist (hereinafter "the applicant" ) has an interest in the property located at 3333 � Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.42, Subdivision 7 (G) to permit the construction of a 75' wide addition to be located 10' from the west side lot line instead of the required 100' ; and a variance to Municipal Zoning Code Section 10.61, Subdivision 10 (0) seeking approval of a total of 108 parking stalls where based on the total net f loor area, the expanded use would require 134 stal ls. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1600. 2. The property is located in the B-3 Commercial Shopping District and the LR-1B Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 19, 1990 and January 22, 1991 and recommended approval of the proposed variances based upon the f ollowing findings: A) A 30' wide utility easement divides the property in half forcing applicant to either expand east or west. A northward addition would not be allowed to encroach over the utility easement. B) The topography to the east prohibits feasible expansion in light of the impact on adjacent property and improvements on that property. Pa ge 1 of 5 � , ' � . . Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2923 • • - • • C) The only f easible location for an expansion of the existing structure is to the west and the vacation of. the northern portion of Kelly Avenue does not appear feasible and would require a comprehensive planning study of the entire area. 4. The City Counci 1 f inds 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. 5. The City Council has considered this application . including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLDSIONS, ORDffit AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.42, Subdivision 7 (G) and 10.61, Subdivision 10 (0) to permit the construction of a 47'x120' addition to the principal structure, a 28'x12' receiving dock, and a retaining wall at a maximum height of 17' along the west side of the receiving and delivery ramp, subject to the following conditions: 1. Council to direct staff to make the necessary amendments to the official zoning map and legal descriptions of the zoning district boundaries to include 50' corridor along the southern boundary of the existing B-3 zone, the remaining 100' of the southern portions of the property are to remain in the LR-1B zoning district. 2. Approval is based on improvements shown on p lans submitted to the Orono Council by Planmark dated 10/10/90, revised 2/1/91, subject to the following conditions: A) Applicant shall agree to provide natural screening/plantings along southern boundary along detention pond where certain land alterations may require the removal of existing vegetation and trees. page 2 of 5 � � . Cit of ORONO � RESOLUTION OF THE CITY COUNCIL • NO. 2923 • - • • B) Existing curb cut at Shoreline Drive shall remair�. in its present location. City Engineer shall approve modifications to access if improvements provide greater safety with ingress and egress to site. The undersigned owner, agent and applicant hereby agree that upon documentation and verification by either the City of Orono or the Hennepin County Department of Transportation, that if accidents (personal injury and/or property damage) have occured resulting from the use of the access at Shoreline Drive, and that the � undersigned agree to close off the access at Shoreline Drive withina reasonable period of time from such � verification either by written notice f rom the City of Orono or the County of Hennepin. 3. Applicant shal 1 make payment for additional sewer/water units and SAC charges to be determined at the time of building permit review. 4. The applicant and applicant's representatives have been advised that the new addition and existing building shal 1 be served with an approved fire suppression system per Appendix E of the Uniform Building Code. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 11, 1992). 6. Violation of or non-compliance t�rith 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. 7. The undersigned applicant, the authorized representative of Super Valu Stores Inc. and President of MGT Company have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 . � c�t o� oRoi�o � RESOLUTION OF THE CITY COUNCIL � NO. 2923 • - • • Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of February� 199 . AT T: �• � �--C� - - o thy M allin, City Clerk Barbara A. Peterson, Mayor � i �1/! - ,/ � /'1-%? � l.C:-�?�'�✓ Martin Ehlers, President of MGT Company ' Autho d �tepresentativ Super Valu Stores Inc. i ,/// /�� `(' �, �/� �� ' :!� . �� �'� Ridhard Bloomquist,-Ap cant i �j STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of February, 1991, by Barbara A. Peterson & 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. , ' / � .���.�._..�� /�//�_ Notary Public THERE3A L NAAB MpTARY PUBLJC-MINNESOTA HENNEPIN COUNTY - ���cpiros 8-8-92 Page 4 of 5 , � . ' , Clt� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2923 • - • • STAT - �NNESO�A ) FLORIDA ) ss. . COUNTY OF �EA1A]EF�AI- ) LEE On this 25th day of February � 1991 bef ore me a Notary Public within and for said county, personal ly appeared Martin Ehlers 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) f ree act and deed. � --. �,.� � NOT Y CF BLSC � � KOTARY PUBLIC STAiE OF ��OP.IDA. HY COI�lIS5I0N EXP. MAY 14,1994 STATE OF MINNESOTA ) BONDED THRU GENERRL INS. UND. )ss. COUNTY OF HENNEPIN ) On thi s ,57�' day of ��lt/"�<'1. , 19 9 � , bef ore me a Notar Public within and for said County, personally appeared 0 o n W. � e» known to me to be the p rson( s ) describeci in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) f ree act and deed. . v,�,.. n `, BARBARA B. FAr'=!L � �' ///� �`'���✓l � NOiARv Puslt�r.t;;;:..��..a � HENN�PIN LYJ:;';TY i li � �nrc�.�cai�s ocr.z�, �s�, 3 OTARY PUBLIC ti � .. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �}`�'�� day of �-�11 ;�,2t' �1 , 199 � , before me a Notary,�Eublic within nd for said County, personally appeared I,� ;�-,{Y- •.� I�� �!Z�.�� s t�r�+- known to '',,._ t � ;�, me to be the person ( s ) di-scribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. i � ~` ,; �� , �.,».,,,..�..�,«�,,.�...,..,,,..�-..�,..�,-�„i NOTAR PUBLIC � �,�. JEWEI A. CHASE ' �• 1 � NOTARY PUBLtC•MINNESOTA �age 5 Of 5 j t74�� HENNEPIN COUNTY 1 ••`,�•:�j Nly Comm Expires Apnl 4. 1996 ������ti���1���.1r���►��1i�����rw W��� - '• . . . . , � . � . , cit� of oR,oNo Exhibit A RESOLUTION OF THE CITY COUNCIL • NO. 2923 • - � • __ . . _.._..----• Tr Registezed LanB Survey No. 1422, Files of Registrar of. tities, County of Hennepin; � The boundary lines of said land are marked by Judicial Landmarks . � set pursuant to Torrens Case Nos. 17022, 17023, 17024, 17026 and 17065. Subject to an easement in favour of the City of Orono for sewage, �ater and drainage purposes over the Southerly' 16 feet of the West 30 feet of the North 134 feet of Lot 1 , Block 9, Townsite of Langdon Park (NoW as to part of above land) Subject to the underground utility easement and restriction in favour of the City of Orono over the North 30 feet of the West 100 feet of the South 300 feet of the North 234 feet Kl� IaM{� � 1 M4M1Mit w i M�W�IVr�IiM Mt t9fiHp11MM l�UY1t IA 14M Mt� ��I �- Book 2423 of Deeds, page 136, Document No. 34�9�5��; ��ow as to part of above lanc') Subject to the un8erground utility easement and restriction in favour of the City of Orono over the South 30 feet of the . North 164 feet of that part of Lot 1 , Block 4, Townsite of Langdon Park, as measured at right angles to the North line of said Lot 1 and its Easterly e:ctension, as contained in • Book 2423 of Deeds, paae 170 Document No. 3449578; (Now as to part of above land.) Subject to the restrictive covenant in favour of the Shell Oil Company, a Delaa•are Corporation as containec3 in Book 2623 ' of Deeds, page 45a , Document No. 3697139 , as to above part � of Lot 1 , Block 9, Toti•nsite of Langoon Park; (Now as to part of above land ) Subject to a permanent easement for highway purposes over all that part of Tract D, Registered Land Survey No. 1422, Registrar of Tit1Es, County of Hennepin which lies northerly and easterly of the folloicing describec� line: Beginning at a point on the West line of said Tract D distant 16 . 0 feet southerly of the northwest corner �hereof; thence run easterly parallel �*ith the North line of said Tract D for a distance o£�. 177 . 32 feet; thence ceflect right alona a tangential curve having a radius of 239.00 feet for a distance of 88 .00 feet to a point herein after referred to as point "A" ; thence continue along =aid curve for a distance of 90. 00 feet to a point nereinafter referred to as point "E" ; thence continue along said curve for a distance of 99• 99 feet; thence tangent to said curve for a distance of 106. 83 feet more or less to the southerly line of said Tract D and there terminating . Also over all �hat part of said Tract D which lies northeasterly of the follo�inr cescribed line: Beginning at the above describe6 point "A" ; thence run southwesterl�� alona a radial of said curve for a distance of 7.00 fee� : thence run southeasterly along a curve having a radius of ='3.00 feet (said curve is parallel �ith anc distant 7• �0 feet southwesterly of the above @escribed line) foy Q �:s�a::�e c� �6.83 feet; thence run northeasterly � to the above 6es:r�bed Point "B" and there terminating.