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Home My WebLink About#5803-CUP-2009 , .. `3�.35 �SG�� ,Z�r� v� �`�°''I�`�: V . , ~. Doc No T4712437 Certified, filed and/or recorded on 12/11/09 1:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 22 Pkg ID 590273 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1215146 This cover sheet is now a permanent part of the recorded document. ' i , , , '�. ! .�/yC.? . A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A BOWLING CENTER � PER ORONO CODE SECTION 78-966 FILE NO. 08-3381 , . � � O _Y O O �� CITY of ORONO � . ,� :.. � � ti ti RESOLUTION OF THE CITY COUNCIL �� a4�G No. 5 8 � �' kES�I A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A BOWLING CENTER PER ORONO CODE SECTION 78-966 FILE NO. 08-3381 WHEREAS, Brook Investment Group, LLC, (hereinafter "the Owner") is the owner of the property located at 3435 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as Tract B, RLS 1422, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS,Bany Tanner has made application to the City of Orono for a conditional use permit to operate a bowling center on the Property; and WHEREAS, after published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on September 15, 2008 and October 20, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3381. 2. The Planning Commission reviewed this application and on October 20, 2008 by a vote of 5 - 0 recommended approval of the conditional use pernlit. 4. The City Council has considered this application including the recommendations of the Planning Commission, reports by City staff, comments by the owners and the public, and the effect of the proposed conditional use on the health, safety and welfare of the community as well as the impact on properties in the vicinity. Page 1 of 5 143474v2 �� : : O 0 CITY of OR011�0 . � " �ti : RESOLUTION OF THE CITY COUNCIL ��`9kESIIOg'�G NO. _ ;l � � .� 5. The City Council finds that the proposed bowling center is in accord with the objectives and the purposes of the B-1 zoning district in which the site is located, with the specific conditions required for approval of conditional use permit for a commercial recreation use and with the Community Management Plan. The City Council also finds that the proposed bowling center would not be detrimental to the public health, safety or welfare, or materially injurious to properties or irnprovements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit to operate a bowling center, subject to the following conditions: 1. The bowling center shall be open for business no earlier than 10 a.m. and no later than 10 p.m. Sunday through Thursday and 11 p.m. on Friday and Saturday. 2. As an incidental use, up to three amusement devices and up to two pool tables are permitted in addition to the ten bowling lanes. 3. Live entertainment is not allowed at events open to the general public. 4. An outside area may be designated for smoking, but no outdoor seating shall be provided. 5. No deliveries or trash/recycling servicing shall occur before 7 a.m. or after 6 p.m. 6. The business will be subject to the applicable sign regulations with the following conditions: a. Only one sign may be placed on the exterior south wall of the building. This sign may be externally illuminated but not internally illuminated. It may be illuminated only when the bowling alley is open. b. The only illuminated window sign allowed is an open/closed sign. c. There shall be a non-illuminated sign not exceeding 12 square feet on Kelly Avenue indicating the entrance to the parking. It shall be in the general location shown on the site plan Exhibit A and may be located with a 0 setback from the right of way of Kelly Avenue. Page 2 of 5 143474v2 � °� 0 0 CITY of ORON4 ,� . .;.. � ti ti RESOLUTION OF THE CITY COUNCIL �L�k'EST�I��'�G NO. 5 g � � d. There shall be sign(s) in the parking lot indicating which parking spaces belong to the adjacent building at 3465 Shoreline Drive. 7. Parking: a. The bowling center may operate with 51 spaces in the lower parking lot as long as they are adequate. Parking shall be determined to be inadequate if on a regular basis bowling center customers park on Kelly Avenue and/or in the parking lots of other properties. If additional spaces are necessary the upper parking area shall be expanded and the exterior stairs between the two parking areas repaired. b. A rack for parking bicycles shall be installed in the lower parking area. c. The parking area shall be illuminated during nighttime hours until one hour after the bowling center closes. Only security lighting may remain on at other times. The lighting shall be according to a plan that demonstrates it will generate no more than 0 foot candles at the south property line. This plan shall be reviewed by the City Council and the lighting installed before the bowling center opens. 8. Screening: a. The existing fence along the south edge of the parking area belongs to the adjacent townhouse association. If this fence is removed by its owners an equivalent fence shall be constructed on the bowling alley property. b. An additional 25 feet of fence shall be constructed from the end of the existing fence on the townhouse property east toward Kelly Avenue. The fence shall be of the same design and height as the existing fence and be constructed prior to the opening of the bowling alley. c. Additional screening is provided by trees on the adjacent townhouse property. If these trees are removed the City may require planting of similar trees on the bowling alley property. d. Trash and recycling containers shall be stored within the building or in the upper parking lot east of the building. An enclosure shall be constructed if the containers are stored in the upper parking lot east of the building and the stairs shall be brought into compliance with the building code. Page 3 of 5 �asa�a,� � o� 0 0 - CITY�of ORONO ,� .-;. � ti ti RESOLUTION OF THE CITY COUNCIL ��`gk'ESI3�g'�G NO. �J � � � 9. The south exterior wall of the building and the south parking area shall be repaired and maintained in good condition. Specifically the following items shall be repaired before operating the bowling alley: a. Pieces missing from the wood band on the wall shall be replaced. b. The three, wall-mounted light fixtures that extend on arms from the building as well as the wall-mounted flood lights shall be removed. c. The entire south wall will be painted per the attached Exhibit B. d. The parking lot pavement shall be patched and repaired. e. Weeds growing within the parking lot and around the power poles shall be controlled. f. Trees and shrubs shall be trimmed to provide a minimum of 13 feet of clearance over parking/driving areas. g. Parking spaces in the lower parking area shall be striped per the site plan attached as E�ibit A and wheel stops provided where required by the City Engineer. 10. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by opening the bowling center before January 26, 2010 or grounds will exist for revocation of the conditional use permit. 11. 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. 12. The undersigned Owner has read, understands, and hereby agrees to the terms of this resolution and on behalf of the owner and the owner's successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 5 143474v2 � 01V' : O 4 - ,� .;. � C ITY of ORONO � ti ti RESOLUTION OF THE CITY COUNCIL �'�`q.�. p4�''�'G NO. � ESII Adopted by the Orono City Council on the 26th day of January, 2009. ,; :ATTEST: ':' ' rt ` � � � (,��- Lii�c�a.S; `v'ee, City Clerk Jam M. White, Mayor t _.� B � ^� ent Group, LLC STATE OF I�7INNESOTA ) : ss COUNTY OF HENNEPIIv ) ' instrument was acknowledged before me this Zl7 day of NDv��.,�-r' , 2009 by ° + �. , the �� Q��d��-t, of Brook Investment Group, L C,on ehalf of said LLC. REBECCA SOLBERO No ry, lic NoraRr Pueuc-�►nu�san► � °�.� `' �r cow��w,�s�-a�-ao�o Page 5 of 5 143474v2 � M - �F- � � oo GUUNTIf R�AD 15-S1-iOA�LINE DRiVC S � � .r�—EUG� dF �XISTING ASPHA�� . � " - -�-� -.- . _ �� G NAR�{ING f�OFt 27 CARS NCW PARKING Area to be I _. 20 FQR 7.3 CARS Striped I � � I I� . _ � TOTAI� UPPER pARKkNG FAR 5� CARS � I . � 1 f. �-�YORY` 2,80a � _. . q )!NC �1DD'N �i,4UQ S� —._ � EX�STI � ,9� SF _ _ 73'x72' - - � �a�A►� AEHtr 1 � I � .,� ,y __� 4 � - � � ��ISTING RARKING FOR 51 CARS 3 . . I � I. I z� �, � S . - - - ' ' � S� —t— � ��I Y2C,�7 CMAc I s�9h � � �' C c��C� � � J`�h Q�r t,�1 n . �l i �I!r.v�t � �� sw -r7y-z � 9 q+e.. �e�, ar ec2v al C��'' z S �Q,rw►n- W,IIIZr►1S sw �3��1 �edd�gh � eQ��-1 . e�� 3 � � �h�W�h-w�u��,., s S� �a��► Q u�cv�z W�1►� �� PROPOSED NEW EXISTING WINDOW �\ EXISTING PAINTED MASONRY WAIL ILIUMINATED SICN � � REPNNT COIOR N 1� 5' X 8'- � EXISTINC HORIZONTAL WOOD BAND � � REPAINT COLOR /2 � EXISTING GARAGE S Rs Cotc�'� Z ..j— � EXISTINC PAINTED MASONRY WALL ' � D� REPAINT COLOR A3 --� ti EXISTINO WINDOWS EXIST�NO GLASS BIOCK EXISTING CUSS BLOCK EXISTINO AIUMINUM CI� EXISTING ALUMINUM WINDOWS WINDOWS ENTRANCE ENTRANCE 2 SOUTH BUIL�ING ELEVATION 2.� SCAI.E i" � 8�—U" . � '." STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on January 26, 2009 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this �o`'�day of`��fa�,c� , 2009. �_. f _ �;: inda S. Vee, City Clerk ��.,.;.a� � _ �, .J . . ,:;_ ., - . .. - �!,� r '.. � t� ;