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Home My WebLink About#6720 - CUP-2017-not signed , . �°�o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�q �� No. 6 7 2 0 kESH�4 A RESOLUTION GRANTING � C�, V' � A CONDITIONAL USE PERMIT PURSUANT � `� � TO MUNICIPAL ZONING CODE SECTION 78-348(5) � I� �� FILE N0. 17-3888 � � I WHEREAS, Good Shepherd Lutheran Church (hereinafter "the Owner"), represented by Bruce Quam of D. J. Kranz Company (hereinafter the "Applicant"), is the owner of the property located at 3745 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as follows: EXHIBIT A, attached (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a a conditional use permit pursuant to Orono Municipal Zoning Code'Section 78-348(5)for expansion of the existing church building in order to construct an 18'x24' two-story addition for storage, office and kitchen facilities. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#17-3888. 2. The property is located in the LR-1C, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. The addition requires a Conditional Use Permit, since the church and associated daycare use operate as allowed conditional uses in the LR-1C Single Family Residential District. 4. The Planning Commission reviewed this application at a public hearing held on January 17, 2017 and recommended approval of the conditional use permit based on the following findings: a. The property is 4.81 acres in area and has frontage along Shoreline Drive as well as on Casco Point Road. Page 1 of 7 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� rro. 6 7 2 � t'9kESH04� b. The proposed addition requires no variances, as all setbacks, hardcover, and other zoning requirements will be met. c. The proposed addition and associated interior remodeling, along with the proposed landscaping plan that removes an existing detached storage shed, are positive improvements to the property and its use as a place of worship and daycare center. d. The property is served by municipal sewer and water. e. T'he location of the addition is anticipated to have no impacts on neighboring properties, and the size of the addition is very minor as compared to the size and orientation of the existing building. f. The slight increase in hardcover from 24.53% to 24.83% leaves the site well below the 35%hardcover limit. It is anticipated that the hardcover increase will not require additional stormwater management facilities unless required by the Minnehaha Creek Watershed District(MCWD). g. The architecture of the new addition will be compatible in architectural styling with the existing building. 5. The City Council makes the following additional findings and determines that the site plan proposal(findings shown in italics): a. Is compatible with surrounding land uses; The extension of the building and the proposed kitchen expansion will have no impact on surrounding land uses. b. Preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains,and shoreland areas;Expansion of the building results in a minimal increase in hardcover at a level within required limits, and will be located approximately 1 SO feet from the wetland in the southerly portion of the site, far exceeding the 35' required wetland setback, hence there are no anticipated impacts to natural site conditions. c. Creates harmonious relationship of buildings and open space with natural site features and with existing and future buildings having a visual relationship of the development; As an architecturally compatible extension of the existing building, no negative visual impacts are anticipated. The addition also allows for removal of an existing storage shed located south of the building. d. Achieves a safe and efficient vehicular and pedestrian circulation system; Expansion of the building will have no negative impacts on vehicular circulation. Pedestrian circulation will be improved by providing an additional exit doorway on the west side of the existing building. Page 2 of 7 �`��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� No. � 7 2 C! lqkES H 0�� e. Places no excessive demands on services and infrastructure, including local streets; The addition and remodeling of kitchen and restroom facilities will not increase demands on services and infrastructure. f. Conforms to the city's plans for parks, streets, and walkways; The proposed addition and interior remodeling has no impact on and conforms to the City's plans for parks, streets and walkways. g. Conforms to the Orono Community Management Plan; The continued uses as a place of worship and daycare center are allowed conditional uses and are in conformity with the Orono Community Management Plan. h. Incorporates sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development; The proposed landscaping including a grass lawn area and low retaining wall, as well as the 50'plus separation from adjacent lot lines, and the visually compatible facade treatments, are expected to enhance the image of the development. i. Protects abutting properties and does not create detrimental disturbances to surrounding properties; The addition and remodeling is located and designed in a manner that should have no negative impacts to adjacent properties. j. Conforms to all requirements of this chapter unless a variance has been granted. No variances are required. k. Incorporates efforts to conserve energy whenever practical. The addition and remodeling are intended to bring the kitchen facilities to modern code standards. 6. On the basis of the application and the evidence submitted, the City Council finds that the proposed use at the proposed location is or will be (findings shown in italics): a. Consistent with the community management plan; The continued uses as a place of worship and daycare center are allowed conditional uses and are in conformity with the Orono Community Management Plan. b. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed addition and remodeling meets the minimum setback and other zoning requirements for the continuing use as a place of worship and daycare center. c. Adequately served by police, fire, roads, and stormwater management; The proposed addition and remodeling does not require increases in services or infrastructure. Page 3 of 7 �°�o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��' c,�� NO. � � l�. O j'�kFs H o¢�' d. Provided with an adequate water supply and sewage disposal system; The property is connected to municipal sewer and water services and does not require changes to those systems. e. Not expected to generate excessive demand for public services at public cost; No increases in demand for public services are anticipated as a result of the proposed addition and remodeling project. f. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed use is merely a continuation of the existing use of the site as it has been used is the past, and no issues of compatibility are anticipated. g. Consistent with the character of the surrounding area, unless a change of chazacter is called for in the community management plan; The continued use as proposed is consistent with the surrounding area, and no changes in the CMP are planned. h. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The proposed expansion will be architecturally consistent with the existing church building and is anticipated to have no impacts on the character of the buildings and improvements in the surrounding area. i. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; No impacts to neighboring properties are expected as a result of the expansion and remodeling of the kitchen and restroom areas. j. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The proposed landscaping including a grass lawn area and low retaining wall, as well as the 50'plus separation from adjacent lot lines, and the visually compatible facade treatments, are expected to enhance the image of the development. k. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The addition and improvements to kitchen and restroom facilities are expected to have no nuisance impacts on neighboring properties. l. Not cause excessive non-residential traffic on residential streets,parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The addition and remodeling project is not expected to increase tra�c in the area nor require additional parking on the site. Page 4 of 7 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� ,��` No. � 7 t �3 `qkESHO�� m. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; Expansion of the building results in a minimal increase in hardcover at a level within required limits, and will be located approximately 1 SO feet from the wetland in the southerly portion of the site, far exceeding the 3S' required wetland setback, hence there are no anticipated impacts to natural site conditions. n. All exterior lighting sha11 be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; The proposed plans indicate downcast lighting to avoid any negative glare impacts to neighboring properties. and o. Not detrimental to the public health, public safety, or general welfare. There are no anticipated negative impacts to the public health, safety or welfare. 7. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed CUP 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 grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-348(5)for expansion of the existing church building in order to construct an 18'x24' two-story addition for storage, office and kitchen facilities, subject to the following conditions: 1. Council approval is based on the site plan and building plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan or building plan which are not in conformity with City codes or this Resolution will require further Planning Commission and City Council review. 2. T'he lower-level storage area (for lawn maintenance and snow removal equipment)which includes a 6' wide gazage door that opens to the proposed lawn may be served by a hard- surfaced pathway to the parking lot should the applicant so desire,as long as such sidewalk does not result in an overage of hardcover on the property. 3. An as-built survey of the entire site, not just the area of the proposed improvements, shall be provided to the City by the applicant upon project completion. Page 5 of 7 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � � i' 2U � �� NO. jqk65 H�� 4. Authorities granted by this resolution run with the property not with the applicant,but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the CUP will expire on that date(February 13, 2018). 5. Violation of or non-compliance with any of the terms and conditions of this resolution sha11 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 has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13th day of February, 2017. ATTEST: � _^��'Z�.._ Anna Carlson, City Clerk Dennis Walsh, Mayor Page 6 of 7 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. � j � �1 l�kES H�� Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_day of , 2017 by of Good Shepherd Lutheran (name) (title/position) Church on behalf of the Church. , , � � � i Notary Public � Page 7 of 7 �i % c�. (.) Resolution Exhibit A LEGAL DESCRIPTI�N Lot 5, Block 7, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota ' t+LJIV4. (W7�) -. �"�.,�� , , . w�K �� j ,��,�•-`� f~ �'t '�: �- r :�,... � (9�) � y, � t`ti ��_� t.--r �'r � �;�;i ti � �..... � R�a��ii ,� . Exhibit B �' � BF � �� BITUMINOUS PARKING LC ,�� {c) � � \ c� � � 1�,,�� J \ z4,� � �� `� � 3'�(M)\'�� °�, � o�s�� , ;• � �� j J`' �� '' � BLACKTOP � N ti � �� J PARKING LOT � � '�\ '��'�~-�� ,p ��' tB) � � � , e�a.t . � . � � ��c ��04�.�) ;� w�i�u- �� . �' � �J .1 � � � �9 ?� � � `�� .�'L , � \ \ � ??6 7� �;� \ .�. �?` \� lw�.�9) � � �C4�� n n � � w � C�R 6 ., ��;��"h �.w cc) (�)\` r�++�s.�j��\ �\�� e �, Ra-5' �� • , \`�e� ` � �� (as+.e) / �� . `� � '.+,'�1�►-'�t+� ' � � • , � :'�4�� f� � �� \ \ r`�,J �/ '��g', ?.�� \ � \ �� r�`� � \\ �� c��.�� ,�� r�8 c n�E� r�� (�) � ` ��31�, �g Aw s covE Eo �N' w � '��y'°�` r�, '°� 1<°'� ,�°" „ � 1 1 (947 4) �Cfl� `� 9 � \ � , A�., � � � �\ � 1 ,� r_��,�� 1 1 . �� I , , 1 �ax s� �4,� i►u f } l � ,� 9� � r ' �,� `3?6 �, � ,� � 1 �j9 � '� � � � �41 �� p :".y �� t� �Y� � i �--� : L : S . . � , . t . � � 2 �3 Resolution � � Exhibit B � � --___---- � � �. c>� Z ' � � i � I I I 1 $ _5�� -i------- � � � � � � II� .I iI ' � �i r� � ' �: + � - [ � � i I � � 4 . , � r i � I I I �i � � � �� i � � 'i . � � � � � : ; i `� i � i � � � I t � � �J�_� � � � � �� 1 �� ' � 1� � !I � � � � � � � � 6 �� '�� p �� , � r--- � � � - --.... --' -= - � m {� � _ - _ __ __ � �b `:.:_:..-...+r-- `. -}:r ;'.. ..:--: � - - -=.:� a �.,.-:::::.�:--`'�- � � � ,; -�-.:-_:_::`_ 1.:;-,:_; ,.:.- � � � :...::::::.:::_.-.:: {:.-:�:-:-:. :::__ :: ��.:�:::�_. .�<:: ; �::::- - - _ � � -- - -- - , �___ �, ---- --�-1-�;:J'__.. -- —-- r--_ - - ` ____-�-_�-=_. e —=�__^-- �� ... --'-- 1?� � '. .. _ -;-_ - _ - - W �- . _- - _- OO - - - - 00 -_. _-_ C7O � � � � � Q C m � v a000ax�r�m�+m�w�nc� °q � ",..�"�°�`� � �'��i'�."�` � a.,.....,�4 .,.e... o�....�..�— 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 February 13, 2017 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_day of , 2017. ity Clerk (seal)