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Home My WebLink About#3562-CUP-1995 � °� . r . � 0 0 � � � b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`�$'E Hp4�'�'G NO. � 5 6 � �-� S A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE� SECTION 10.40, SUBDIVISION 4 (C) � FILE NO. 2019 WHEREAS, Leisel Cox (hereinafter the "applicant") has an interest in the property located at �Shoreline Drive within the City of Orono (hereinafter "City") and legally described as. �(� Tract A, RLS No. 1422, ' except highway right-of-way per pocument No. 1946165, City of Orono, Hennepin County, Minnesota (hereinafter "property"); � • and - � WHEREAS, the applicant has applied to the City for a conditional use permit to permit a Class I restaurant that will provide food and beverages to customers seated at tables per Municipal Zoning Code Section 10.40, Subdivision 4 (C) . NOW, THEREFORE,' BE IT RESOLVED by the City Council of Orano, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #2019. 2. The property is located in the B-1, Retail Sales Business Zoning District requiring a minimum area of 20,000 s.f.. The property consists of 42,550 s.f. or .98 acres. 3. On May 15, 1995, the Orono Planning Commission reviewed the application as proposed and recommended unanimous approval based on the following findin�s: a. The proposed level of use will not require additional upgrades of existin� site improvements. � Page 1 of 5 - ` w. �G�-D--v�' . � #� 35(�� ' � ,+:��-�-°� � ��S��u�C,,,. I �t . �ie 3 y�5 . �t. . � 7- �'-�� i q � t ♦ . 1 • ., ' - � O� • O O b. - C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL "�,�L �G �kESH.Og' NO. ��i�� - b. The City Engineer, in his report dated May 5, 1995, notes the parking and � access to the property to be acceptable for the proposed use and fmds the proposed use will have no greater demand on parking than the former Champion Auto retail use. c. The proposed location of the restaurant use is in accord with the . objectives of the Zoning Chapter, Comprehensive Municipal Plan and the purposes of the district in which the site is located. d. The proposed location of the Class I restaurant use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. . e. The proposed Class I restaurant use will comply with each of the • applicable provisions of the Zoning Chapter. 4. The Council finds that granting a conditional use permit to allow the Class I restaurant 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 nei�hboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the � intent and objectives 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 variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby Qrants a conditional use permit per Municipal Zoning Code Section 10.40, Subdivision 4 (C) to permit a Class I restaurant use to be installed at the property located at 3445 Shoreline�Drive to be known as Minnetonka Mud Coffee and Cafe, subject to the following conditions: • Page 2 of 5 .: � • � O� O O � ��b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL '�'�� G �kESH�4 NO. e� c� C) �r �a 1. Upon application for a building permit for alterations and remodeling, applicant , shall provide information on status of licensing with the Hennepin County Environmental Health Department. 2. The owner of the multi-use commercial structure, Aleck G. Overson, shall be responsible for obtaining all signage permits for the applicant proposed at a total . 36 s.f. The multi-use building is allowed a total of 185 s.f. of signage. The owner and applicant are also advised that temporary signage used to advertise the new restaurant use must also be obtained under the authorization of the owner of the building.. 3. The owner and applicant are hereby advised that the City will reserve its right to recall or reconsider the conditional use permit as it relates to additional parking needs created by this use or future retail uses within the multi-use building. • 4. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (May 22, 1996). 5. 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. 6. The undersigned applicant and owner have read, understand 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. � • Page 3 of 5 `; 7 : � O� • O . O �b - CITY of ORONO . � � �ti RESOLU�ION OF THE CITY COUNCIL �L`��i'.E o4�'�'G NO. 3 � s � sx Adopted by the Orono City Council on this 22nd day of May, 1995. AT ST: Do othy in, Ciry Clerk Edward J. Call an, Jr., Mayor L� �c.�."'J �...,� Property Owner(s) � ,o.�. � �—'�, • Applicant STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The forejoing instrument was acknowledged before me on this 22nd day of May, 1995, by Edward J. Callahan, Jr. 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. '; ��•..��•.; JAMIE L.BOSMA ' • NOTARY PUBLIC-MINNESOTA � + '.-• :- ' HENNEPIN COUNTY Notary I1C �-�•�� My Cammission Fxpires Jan.31,2000 i � Page 4 of 5 _ � . r �t . � O� ` ' O O � � b. - C ITY of ORONO � F '�' RE�OLUTION OF THE CITY COUNCIL ��kE HOg'�G NO. 3 5 6 2 S STATE OF MINNESOTA ) �Pr ) _ SS. COUNTY OF ) �� / On this � day of �'I,/ � , 199� be�,o�e e a N� 9tary Public within and for.said County,personally appeared C/�� U(/��l� known to me to be the person(s) described in and who ex cuted the foregoing instrument, and acknowledged that he (they) executed the same as his ( i �ree t nd deed. � � ��„a�oFSeexy.•CSr•.6�ta.C7f N'9�IOCS 9�P.y�ae 6�e�FSy��Gpy� Notary Pu lic � ::�;�;,e;�..,. v,��G1� Ati,t1��7�G�d a p=�';:`, p`�`': IVOTARY PL�BI!C-tR��dirc�OTA � ..`'y��!¢"` POPr CUUITY � ? ,��''�-`��:�''' P,7y Comm. Expires Jan. 31, 2000 a � ........ STATE OF MINNESOTA ) .°..°.."""b••""•"°°°°..�'.•"'••4..'°••`�'. • ,/?r f►C� ) ss. COUNTY OF �[�� ) On this �� da of �� , 199 � , b for N ry Public y �� within and for said County,personally appeared ��r known to me to be the person(s) described in and who exe uted the foregoing instrument, and acknowledged that he (they) executed the same as his (the' e a t d deed. � Notary Pub ic •�.,�.e�,.�,.��.�,�-�e.�o.-n.,�,,.�..�. l ..., !;�„��':' f A'i!:.:��r:, t ,� u�: ,� =:r�::3�._..,,.. �ra 1 s,.. (�,�� :,- �,�,�,,.,Y.,..,,: �:�.� .. IYUI)�SiSY t .�J�.J"i:1��:i�Li: 1 - •.4,;te:: . 1� ;��;: PuP� C�L�:71( r R � ..... f,y Comm. �xa,ra,d�n. 31, 2LOfl � �o��a..�/es��aCr�./YI��Lyyr�o��G'i/�.wVr.g��/A�.�ql� • • , Page 5 of 5 + , . � �� O . O �b. - CITY of ORONO � � . '�' RESOLUTION OF THE CITY COUNCI L "�,�� ,�,C' � �kESH�g' NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of , 199 � , before me a Notary Public � �. within and for said County,personally peared known to me to be the person(s) described in an who executed the fo oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,.Y ' � ��"�• JAMIE L.BOSMA u'� ' 1` ' NOTARY PUBLIC-MINNESOTA Notary ic ' •', • •' HENNEPINCOUNTY •�IMM��•• My Commission Expires Jan.31,2000 . � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , 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 Page 6 of 6 � �