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HomeMy WebLinkAboutResolution 3485 O � CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3435 �9kES14Og� A RESOLUTION GRANTING VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) AND SECTION 10.20, SUBDIVISION 3 (B) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3 (B) FILE NO. 1960 WHEREAS, Kingdom Hall of Jehovah's Witnesses (hereinafter the "applicants") represented by Tor Jonsen, are owners of the property located at 3655 Togo Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to allow 43% hardcover in the 500-1,000' lakeshore setback zone where only 35% hardcover is normally allowed, and a conditional use permit per Section 10.20, Subdivision 3 (B) for construction of additions to a church existing via a conditional use permit in a residential zone, and a variance to Section 10.20, Subdivision 3 (B) to allow-aportion of such structural additions to be located 47' from the side lot line where a 50' setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, . ........ .... ....... . . . Minnesota: FINDINGS 1. This application was reviewed as Zoning File'##1960. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 19 and October 17, 1994 and recommended approval of the proposed variances and conditional use permit based on the following findings: Page 1 of 7 F"5005 Disk C O CITY of ORONO r �> RESOLUTION OF THE CITY COUNCIL NO. 348 ' xo¢�G s A. Applicants were granted a conditional use permit for church use in 1970 on this 1.3 acre property. A church building and parking lot were subsequently constructed. B. In 1970 a parking lot was proposed to include 52 parking stalls to meet the City requirement for 1 stall per 4 persons based on a 200 person capacity building. That parking lot was constructed somewhat smaller than the proposed plan. C. Church use has expanded to a level where parking overflows onto Togo Road which is extremely narrow and not suited for parking. D. The proposed parking lot expansion will add approximately 4,850 s.f. of parking area which will accomodate at least 13 additional vehicles if properly striped. E. The proposed parking lot expansion increases hardcover on the property from 35% to 43%, where only 35% would be allowed in the 500-1,000' hardcover setback zone. F. The parking lot will add to the runoff accumulation from the 30 acre watershed upstream from a deteriorated drain tile on the adjacent property. Per the City Engineer's recommendation, it would be appropriate that the applicants improve drainage by construction of a swale or culvert along applicants' east property line to alleviate the potential for flooding of the adjacent property. G. Applicants applied for and were granted a building permit for a 10'x11' coat room addition and 14'x18' carport in December 1993. The inspections department erroneously did not call out the need for a conditional use permit, which normally would be required for such additions to a church in a residential zone. H. Those additions were constructed and the caiport was constructed to extend 22' east from the existing church building rather than the 14' approved plan, and therefore extended to a point 47' from the east property line where a 50' setback would normally be required for a church structure existing as a conditional use permit in a residential zone. Page 2 of 7 Fa 5005 Disk 0' O� CITY of ORONO O : O RESOLUTION OF THE CITY COUNCIL AV 3K og�G I. The 3' carport encroachment has no impact on neighboring properties, and if reduced to meet the setback would be significantly less functional for its intended purpose. Further, an existing tree line along the east property boundary will minimize the visual impact of the encroachment on neighboring properties. J. It would be appropriate to grant the conditional use permit after-the-fact for the structural additions. K. The 1970 conditional use permit discussions and preliminary approval by City Council required a 15' road easement be granted. The survey submitted for the application indicates only a 10' road easement. Planning Commission finds that it would be appropriate to require the applicants to grant the full 15' road easement as a condition of the current approval. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit for the structural additions to this church which exists by conditional use in a residential zone 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 neighboring properties, nor will it 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. Page 3 of 7 F"5005 Disk Ore, O� CITY of ORONO O : O RESOLUTION OF THE CITY COUNCIL NO. 3485 ti kES 0 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover of 43% in the 500-1,000' lakeshore setback zone where only 35% hardcover is normally allowed, and grants a conditional use permit per Section 10.20, Subdivision 3 (B) for structural additions to the church which have been completed per building permit #5822 dated December 15, 1993, and grants a variance thte sidetllot 1 ne on where Subdivision setbaBk to normally w the required, carport structure to be located 47 from required, subject to the following conditions: 1 Applicants in conjunction with the adjacent property owner shall obtain a land alteration permit prior to recommencing construction of the parking lot expansion and drainage improvements. 2. Applicants shall complete the drainage improvements as recommended by the City Engineer and subject to inspection and approval by the City Engineer. 3. Prior to issuance of the land alteration permit for the parking expansion, applicants shall provide a parking stall layout schematic, and shall adhere to that schematic by striping the parking stalls. 4. Prior to issuance of the land alteration permit for expansion of the parking lot, applicants shall pay an additional $50 incremental fee to cover the structural conditional use permit and setback variance. 5. Prior to issuance of the land alteration permit for expansion of the parking lot, applicants shall provide the City with the following easements: A. A drainage easement 7.5' either side of the culvert or swale centerline within applicants' property. B. 15' road, drainage and utility easement along the northerly 15' of the property to accommodate the existing Togo Road. Page 4 of 7 F«m soos u�a O� CITY of ORONO RESOLUTION OF THE CITY COUNCIL ;. ' 3485 N0. h �4kESao g� 6. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 24, 1995). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute violation ndhathe s �be punishable as a misdemeanor. terminate any authority granted herein, g. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of itself, its heirs, successors and assigns, hereby Property.agrees to the recording of this resolution in the chain of title of the ro e t Adopted by the Orono City Council on this 24th day of October, 1994. A EST: Dorothy allin, ,City Clerk Edward J. Cal an, r., Mayor PropJ&ner�s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of October, 1994, by Edward J. Callahan, Jr. and Dorothy and said instrumentwas executed on M. l and City Clerk of the City of Orono, a Minnesota municipal corporation behalf of the City. Notary Public LINDA S. VEE NOTHE. JNEPIN COUNTY TA My commissicn expires 8-12-96 Page 5 of 7 F"5W5 Disk 0 O CITY of ORONO O : O RESOLUTION OF THE CITY COUNCIL ' '✓ ti NO. 3485 r G S 0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �?`��' day of��r , 199 before efore me a Notary Public within and for said county,personally appeared foe known to me to be the person(s) described in and who executed the fo egoing instrument, acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE Y9 NOTARY PUBLIC - MUNTM TA F sa HENNEPIN CO NOTARY PUBLIC My commission expires &12-96 u� 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 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 7 EXHIBIT A RESOLUTION NO. 3487 LEGAL DESCRIPTION: The following described tract, piece or parcel of land situate, lying, and being in the Cotinty of Hennepin, and State of Minnesota, to-wit; That part ox Lot 7, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota, described as follows, to-wit: Beginning at a point on the East line of said Lot 7 a distance of 136.45 feet North of the Southeast corner thereof; thence West at right angles to said East lire a distance of 128 feet; thence South at right angles a distance of 13.55 feet; thence West at right angles a distance of 136 feet more or less to the West line of said Lot 7; thence North along the West line thereof to the Northwest corner thereof; thence Fast along the North line thereof to the Northeast corner thereof; thence South along the cast line- thereof to point of beginning, except road; also except the West 100 feet of said of ove described property.