HomeMy WebLinkAbout#2423-CUP/variances-1988 � �J _ � �y,� ��.�'�
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� Cit� of ORC�N(�
� RESOLUTION OF THE CITY COUNCIL
� NO. 2423
� � • •
A RESOLIITION GRANTING
A CONDITIONAL OSE PERMIT
PER SECTION 10.28, SDBDIVISION 3(A)
AND VARIANCES PER
SSCTION 10.61, SOBDIVISION 5(A)
AND A CONDITIONAL IISE P$RMIT PER
SBCTION 10.03, SOBDIVISION 19
FII�E �1254
WHEREAS, Craig Moleski, an authorized representative of Trini:ty
Lutheran Church (hereinafter "the applicant" ) has an interest in the
property located at 2060 6th Avenue North within the City of Orono
(hereinafter "City") and legally described as follows: "
Refer to Exhibit A, attached to this resolution (hereinafter
"property") ; and
WHEREAS, the applicant has applied to the City of Orono for a
Conditional Use Permit to officially approve the existing church use
totaling 15,751 s.f. of structure and the proposed additions to said
structure totaling 11, 434 s.f. per. Municipal Zoning Code Section 10.28,
S�ubdivision 3 (A) and per section 10.61, Subdivision 5 (A) grants a side
setback variance of .5' or .05� for an expansion of the parking lot on the
east side of the property and a front setback variance of 37' or 74� for
the expansion of the parking lot within the required front yard setback
area, and per Section 10.03, Subdivision 19 grants a Conditional Use Permit
for the use of 300 cubic yards of fill to be used in final grading of the
site and approves the commercial site plan submitted by Station 19
Architects, Inc. dated February 16, 1988 for the addition and remodeling of
the existing church structure and site improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
l. This application was reviewed as Zoning File #1254.
2. The property is located in the RR-1B Rural Residential Zoning
- District requiring a minimum of 2 acres in area for all uses.
3. The property is approximately 4.4 acres in area.
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� RESOLUTION OF THE CITY COUNCIL
�i,'� NO. 2423
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4. The Orono Planning Commission reviewed this application on March
21, 1988 and recommended the approval of the proposed parking setback
variances based on the following findings.
A. The variance will not alter the essential character of the
locality.
B. The standards for parking are for residential/dwelling units
and may not be appropriate for quasi-commercial uses.
And recommended approva]. of the Conditional Use Permit for the existing
church use and expansion of the church structure based on the following
findings.
A. A church has exa.sted on the property since the early 1950's.
B. The existing church structure meets all of the required
setbacks and all existing improvements satisfy all required
setbacks.
And recommends approval of commercial site plan improvements based on the
following findings. , •
A. The proposed exterior building material is consistent with
existing building materials.
B. Traffic patterns/f low have been improved with the closing
off of the interior access, thereby reducing the potential
hazards to safety.
C. The expansion of structure and proposed parking areas and
changes in grade will not affect the neighboring properties nor
create any significant changes . in the existing drainage pattern.
5. The Orono City Council reviewed the applicants request for
approval of a Conditional Use Permit to allow approximately 300 cubic
yards of fill to remain on the site during construction, such fill to
be used in the final grading of the site, based on the following
findings. .
. A. The f i 11 has been p laced such that it wi 11 deter severe
erosion.
B. The applicant will need additional fill to complete the
final grading and landscape plans for the site.
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a:�::_ d Cit� of ORONO
-;';`''� RESOLUTION OF THE CITY COUNCIL
� NO. 2423
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C. The current placement of the fill will not create any
problems for the adjacent properties.
6. The City Council finds that the conditions exi5ting on this pro-
perty 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 properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantia 1
property right of the applicant; and would be i.n keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
7. The City Council finds that granting a conditional use permit to
the allow the expansion of the existing church and the placement of
300 cubic fill on the property would 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 neighboring
groFerties, nor will it depreciate surrounding property values and
• that the proposed level of use of the progerty will be in keeping with
the intent and objectives of the Zoning Code and Comprehensive Plan of
the City.
` — CONCLDSIONS, .ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section 10.61,
Subdivision 5 (A) for the expansion of the existing parking area and per
Section 10.28, Subdivision 3(A) approves a Conditional Use Permit for the
existing church use and the proposed expansion of the church structure and
grants a Conditional Use Permit per Section 10.03, Subdivision 19 that
would allow the borrowing of approximately 300 cubic yards of fill to be
used in the final grading of the s;ite and approves the commercial site
plans Fer drawing by Station 19 Architects, Inc. dated February 26, 1988
entitled Addition To and Remodeling of Trinity Lutheran Church, Long Lake,
Minnesota consisting of a site plan, grading plan, landscaping plan, f loor
plans for the lower level and the first floor and elevations. These
comprehensive approvals are subject to the following conditions.
l. The landscaping/grading Flan shall be amended to include screening
along the east lot line required as a condition of the setback
variance approval. Such screening to be reviewed by the Building &
Zoning staff at the time of the building permit app lication review.
2. Site plan shall be amended to include the following improvements.
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Cit� of ORONO �
� RESOLUTION OF THE CITY COUNCIL
� NO. 2423
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� A. East access to be realigned in order to line up with North
� Brown Road intersection to improve traffic flow.
B. Curbing to be installed along the east side of the parking
area.
� C. Sign presently located in right-of-way of County Road 6 to
• be removed if Hennepin County Department of Transportation does
not submit a letter approving the location of the present sign.
D. Designate all approved parking places/stalls on site four
� handicapped stalls are to be designated - omit spaces that block
loading area on north side of church building.
3. Applicant shall provide adaquate soil erosion control throughout
._ the entire building and grading/restoration of site.
� 4. Per State Building Code 1305.6905, a fire suppression _system must
be provided throughout the entire church structure.
5. Per Section 12,30, Subdivision 4(E) of the Orono Municipal Code,
a new septic drianfield must be installed by applicant as a result of
—the increased septic demands made on-the existing substandard
drainfield with the major �expansion of the church structure.
_ 6. Applicant must provide fire lane posting and additional signage
_ deemed necessary by the fire inspector. _ _ ___
7. 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 the special conditions of this resolution will
expire on that date (May 9, 1989). —
8. Violation of or non-compliance with any of the terms and condi-
tions of this resolution shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, �and
shal 1 be punsshable as a misdemeanor.
9. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of the church, their
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�:-���'�� RESOLUTION OF THE CITY COUNCIL .
' � NO. 2423
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, successors and assigns, hereby agrees to the recording of this
resolution in the chain o� title of the property.
Adopted by the Orono City Council on this 9th day of
"May, 1988.
ATTE .
.
otl�y M. llin, City Clerk James R. Grabek� Mayor
e
�' ` .
Property n (s )
,
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- � c�t� o� oRONo
� RESOLUTION OF THE CITY COUNCIL
� �' NO. 2423
• � • •
STATE OF MINNESOTA )
) Ss.
COUNTY OF HENNEPIN )
On this Z7 day of _�_, 198�
before me a Notary Public within and fo . said county, personally
appeared S. Ct.�.�, SY�N�a.�z�- 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.
��
NOTAR PUBLIC
r'" dONN R. �ERHARDSOI+�
' M�TARY PUBI.t�`rMINNE9�T
tIENNEPiN COUN
�b e�aomu��tp�'
/a -a�- ��
_— MY COMMISSION EXPIRES '
r STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) -
On this day of , 198 , before me
a Notary Public within and for said County, personaYly 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 '
MY COMMISSION EXPIRES
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�F'`�� '" � EXHIBIT A � -
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� Description of proper2y: f '
� �That part of the N.E. 1/4 of the S.W. 1/4 of Section 27, To.-,nship 118, Range 23, k .
'` � _� Hennepin County, Minnesota described as follows: Beginniny a[ the ��.E. corner of the �
S.W. 1/4 of ,aid Section 27; thence W. on the N. line of said S.W. 1/4 distance of � , •
° 550.0o feet; thence S. and parallel with the E. line of said S.W. 1/4 dis[ance of °'�� ,.
.� _. � 454.1 feet more or tess tn the center line oP County Road ;,'6; thence northwesterty � � �
�.� along said center line of said highway to a point on the E. line of said S.W. 1/4 �.� ; ;, ..
" '� distant 389.7 feet S. of the N.E. corner of said S.W. 1/4; thence N. on the E line � j ,��t atM.
, � of said S.W. 1/4 to the point of beginning, according to the United S:ate Governmenc �, .� '
� , survey thereof. Subject to rights of way acquired for County Road 6, Area: � �r� �� ,� �^�� -�
"y 199,763 aquare feet 4.59 aczes (excluding road) ` �" �
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� ;, �r 3; STATE OF MINNESOTA ) ���� r�,'�r�^���^"�
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� � � k, CETY OF ORONO ? ���N���
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r'�i�,-,',� x I Dorothy H. Hallin, City Clerk of the City of Orono, Hennepin � ���
-� � " .I County, Minnesota. do hereby certify that I have ec,mpared the c� ,�xc,, ,
� "'t� + ; foregoinB �oPY of a resolution of the City Counci2 of the City of Orono � �� '�„
' r�7y � ��.,� � r "�`�¢�* '`
z'7 ,�r � ' Y :1 �;ith tfie original record of such resolution in the Hinutes of the , � �.r �'��',
w'��` ��','� },; proceedings of said�City Council at a meeting of said City Council held f �,
"�"� May 9 , ly ga , End that the same is a true � , r �y���� , d
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ti��;"� ���.�=rt snd correct copy of said resclution was duly adopted by said City ��y ,
�'A'"-. };`�f��'��;�;: Co•�ncil at ::aid meeting. � , .�w'i „
,�,c'�;;�Fy� '� �; "'� F �
�-�"�;,�;��'�i��'u ��' In Vfitness Hhereof, I have hereunto set my hand and seal this � .
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