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Home My WebLink AboutRE: Questions on 525 Leaf St Jeremy Barnhart From: Jeremy Barnhart Sent: Friday, February 08, 2019 1:48 PM To: 'Wilson, Rhonda E' Cc: 'Beccah Risdall' Subject: RE: Questions re: 525 Leaf St Attachments: 4-9-84 CUP.pdf Hi Rhonda and Beccah, Thanks for sending your questions before hand. My responses follow your questions. Jeremy Barnhart, AICP Community Development Director Direct 952.249.4626 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Website: www.ci.orono.mn.us From: Wilson, Rhonda E [mailto:RWilson@CBBURNET.COM] Sent: Friday, February 08, 2019 12:42 PM To:Jeremy Barnhart<jbarnhart@ci.orono.mn.us> Cc: 'Beccah Risdall' <beccahrisdall@gmail.com> Subject: Questions re: 525 Leaf St Hi Jeremy: In preparation of our discussion this afternoon and future meeting on Monday at 8:30 am, here are some questions. Beccah's intended purpose of this property is to have weddings and receptions—two per weekend, preferably Friday and Saturday days/evenings. She also wants to have other weekday and weekend events of a smaller capacity—classes like yoga, seminars, educational sessions,tastings, etc. We would like to know what she would be allowed to do. It sounds like you are looking for more a community or event center. Other than strictly residential,this property can be used as a church. If it is used another way, it will likely prompt complaints,which will trigger city review. You'll have to prove you're using the property as a church. 1. The CUP says it must be operated as a church. What is the definition of"a church"?She is ordained. Does she have to have religious services on a regular basis? We don't define church, but we do define Place of Worship: Place of worship means a building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship. Place of worship does not include community education or art centers, schools, instructional centers, daycare facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters or social service distribution facilities. A Place of Worship is a conditional use. An event center is not allowed. A religious worship service would need to be held on a regular basis. Does she have to be a 501-C3? I don't believe the current owners are. Beccah wishes to have 250 (or more)guests. The current owners advertise that the church accommodates 300 guests. Occupancy is more a function of the building code than the zoning code,though the ability to park vehicles on the property probably limits numbers. I do not have any information of the 501—c3 status. 2. Your ordinances are available online. Does she follow those or are there extenuating circumstances that further restrict her regarding... 1 Hours/days of operation?Yes Pertaining to Noise Noise?Yes between 10pm-7 am Lighting?Yes, pertaining to Parking lot improvements Is she required to have security officers during weddings/receptions? No, but she is required to maintain the property and control noise, activity, and traffic. Notice to surrounding neighbors of upcoming events? No Signage? Signage is permitted by city code 3. Under what circumstances, if any, is the CUP at risk of being taken away? If she doesn't follow the standards outlined in the CUP, attached. Also,the City may at any time review the Conditional use permit and would do so if it believes that the property isn't operating under the CUP. If the church use stopped for a period of time,then the CUP would expire. 4. Is this lot sub dividable into 2 buildable lots? The property is 4.52 acres in a 2 acre zone. Conceivably,the lot could be split into 2, however,we will need to verify wetlands, and ensure that each lot has two acres of dry-buildable area. Dry buildable excludes steep slopes and wetlands. I understand there has to be minimum of 200 feet of road frontage =400'. I think there is about 440-445' I agree There would need to be 2 septic sites (as well as alternate sites?) identified. Could you reuse the existing site for a new home?The septic site could be used for a new home,subject to a septic inspection my licensed individuals. There is no alternate site identified at this time for the current situation. Currently, 525 Leaf St is not in the MUSA plan for connecting to city sewer.You mentioned that the new comprehensive plan does include this lot—can you hook up two homes if you subdivide?The property is currently in the MUSA,you could hook up to the service, at your cost. Wetland delineation required?A former listing agent(expired listing) said in MLS that the property is sub dividable. She doesn't recall anything about that and if her client did any delineation work. Do you have any records? I don't see any, but I can continue to look. A wetland delineation can be no older than 5 years to be useable. Does a hardcover percentage rule apply to this property?The parking is all gravel. Can it be asphalted? Yes, hardcover does apply, but gravel is considered hardcover. It could be asphalted, and subject to stormwater control measures. 5. Current Septic Will the current septic need to be altered to accommodate alcohol? I have a call into SP Testing. We know of some places that add a separate holding tank to be pumped as needed and others who pour left over alcohol into a drum and remove it from the premises. Do you have any comments about that? I don't. 6. Can you explain the 15% Rule?There is currently a ramp but we don't know when it was installed and if it meets code. I cant. That sounds like a building code question, maybe your architect can help. 7. CUP—if you subdivide and create at least 1 new residence and alter the church to make it a residence, does the CUP go away?Yes. 8. Considerations from the city or fire dept such as number of parking spots?The CUP in 1984 indicated 82 parking spaces. I haven't inspected the property to see if the parking area has been expanded. Expansion would require an amendment to the CUP. Number of designated Handicap spots? The requirement of the number of handicapped spots is a function of the number of spaces provided. Current owners say it will accommodate 200 vehicles. 2 9.Any other Fire Dept considerations that you may be aware of? You should contact the Fire Chief,James Van Eyll. 952-367-6447 Lots of questions! During our call this afternoon,you can perhaps answer those that you already know. For Beccah's purpose of writing an offer this weekend,the most important ones are the "what she can and cant do and, for me,the subdivision potential to address future value of this property when it ceases to be a church. We will appreciate a call from you around 2pm and then I will connect Beccah. My number 612-860-0189. Thanks so much,Jeremy! Rhonda Rhonda Wilson, CRS Co!dwell Banker Burnet Presidents Club 612-860-0189 Cell and Text rwilson@cbburnet.com www.Rhonda-Wilson.com Find Me on Facebook Dianne Jentilucci, Assistant 952-475-9309 *Wire Fraud is Real*. Before wiring any money. call the intended recipient at a number you know is valid to confirm the instructions. 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