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Home My WebLink About#5161-denying CUP-2004 C \. . � O� . O O � �� CITY of ORON4 ,� - , � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'Esi3�g'�G NO. � �. � �. A RESOLUTION DENYING A CONDITIONAL USE PERMIT, COMMERCIAL SITE PLAN REVIEW, AND VARIANCES PER MUNTCIPAL ZONING CODE SECTIONS 78-644 (4), 78-642, 78-282, 78-1288 (B), 78-1403,AND 78-1467 (3) FILE #04-2977 WHEREAS, the City of Orono is a mtmicipal corporation organized and existing under the laws of the State of Minnesoia; and WHEREAS, pursuant to State Statutes 412 et, seq. and 462 et. seq., the Gity Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and • WHEREAS, Michael Keaveny on behalf of Richard M Keaveny Rev. Trust (hereinafter "the applicailt") is the owner of the property located at 3423/3425 Slloreline Drive witlun the City of Orono (hereinafter"the City") and legally described as follows: Lots 1 and 2, Block 2, KEAVENY ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota . (hereinafter"the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use pennit, commercial site plan review and associated variances in order to operate a Class II restaurant and to construct a new entrance foyer expanding the cuizent building footprint, requesting the following approvals: 1. Section 78-644(4): CUP to operate a Class II restaurant(with liquor). 2. Section 78-642: Commercial site plan approval for a building permit to allow construction of a new entrance foyer, expanding the current building footprint, and interior remodeling to construct a restaurant. , 3. Section 78-282 and 78-1288 (B): Variance to permit 90°/a hazdcover within 1000' of Lake Minnetonka when 25% hardcover is permitted in the • . Page 1 of 4 c� '! � O� O O � �� CITY of URONO � -- -�. � , ti �� G'�' � RESOLUTION OF TH�E CITY COUNCIL `9k'ESYiOS�`' NO. � � � 75'-250' zone, 30% in the 250'-500' zone and 35% in the 500'-1000' zone. � 4. Section 78-1403: Variance to permit 16% Lot Coverage by Structures when 15% is normally pernlitted. 5. Section 78-1467 (3): Variance to permit an existing sign to be located 2' outside the property botuldary. 6. Section 78-1516: Variance to parking stall requirement where City Ordinauce would techni ca11y require 147 stalls aiid only 104 stalls are proposed. WHEREAS, the City Council lias reviewed the application; the recommendation � of the City staff and Plaruling Cominission; and the corrunents and written sta`tements submitted by the applicant. • NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested conditional use permit, commercial site plan review and associated variances as described above based ou one or indre of the following findings of fact concerning this property: 1. The property is in close proximity to the residential neighborhood to the " south. The entrance and parking area for the proposed use directly abuts the adjaceiit residential neighborhood. 2. The potential for increased Ievels of noise, traffic, activity, public disturbances, litter, damage to property, and calls to police tllat can accompany a site which serves liquor, have a high potential to be � disruptive to the immediately adjacent residential neighborhood. � 3. � The City Council on March 22, 2004 denied a liquor license for the proposed Class II restaurant. 4. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 78-123 with which the applicant must first comply in order that variances be granted. The Council finds that: . • Page 2 of 4 � � O� • O '. O 3 C ITY of ORONO a - ,�. _ � ti ti RESOLUTION OF THE CITY COUNCIL �L� ��G No. 5 � � � kESIIO . a. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances were not granted. b. The plight of the landowner was created by the landowner, in that the need for parking variances is directly related to the proposed use of the site. c. Granting of cormnercial site plan approval and associated variances � would appear to serve as a convenience to the applicant and the applicant has not demonstrated sufficient reasonable hardships or practical difficulties acceptable to the City Council. " d. The conditions of the Zoning Code limits imposed and existing on this property generally apply to all otller land and structures in the zoning district in which this property is located. • 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 conditional use permit, commercial site plan review and associated variances on the health, safety and welfare of the corrununity. Adopted by the City Council of the City of Orono on this 26`h day of April, 2004. � ATTEST: �� • v.� L ni da S. Vee, City Clerk Barbara Peterson, Mayor � Page 3 of 4 � � O� • O '=� O � C ITY of ORONO � - � ��, � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'Esl�.�g'�G � NO. �� A t�� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�� day of �, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. ��i ��a�� ° 5 Notary Public 2�IS�'8�.A.��?�R��➢1� ` , � �iC7FrYPU�t,(C:-F,t:Kti�Styt:; � �.�s,k_ r ;�,: "� �4/Cth°tr.tisF%A;��ires J2. ",.��7 ;�� '��-° a-r:-�� • STATE OF MINNESOTA COUNTY OF HENNEPIN -�h n The foregoing instrument was acknowledged before me on thisrL7 day of ,�I�`L, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota inunicipal corporation and said instrument was executed on behalf of the City. J 9 �. I! A'� V s- . ' RACHEL DODGE � �✓�� .`��-�':` ' Notar Public NOTARY PUBLIC-MINWE30TA a Y �� ` My Cartunission Expires Jan.31,20D5 "< . Page 4 of 4