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Home My WebLink About#5331-variances-2005 � !, O ' , � � � O �: O ' a CITY of ORONO � � . . ti �',� G'�' RESOLUTION OF THE CITY COUNCI L � �`�kEsKO�`'� No. 5 3 3 �. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT INCLUDING VARIANCES PER MUNICIPAL ZONING CODE SECTION 78-348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) FILE NO. OS-3109 WHEREAS, Navarre Congregation of Jehovah's Witnesses, Inc., a Minnesota non-profit corporation (hereinafter "the applicant"), is the owner of the � property located at 3655 Togo Road within the City of Orono (hereinafter the "City") and • legally described as follows: That part of Lot 7, Block 10, TOWNSITE OF LANGDON PARK,Hennepin County,Minnesota, described as follows: � 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 line a . distance of 128.00 feet; thence South at right angles a distance of 13.55 feet; thence West at right angles a distance of 136.00 feet more or less to the West line of said Lot 7; thence North along the West line thereof to the Northwest comer thereof; thence East along the North line thereof to the Northeast corner thereof; thence South along the East line thereof to the point of beginning, EXCEPT road. Also EXCEPT the West 100.00 feet said described property. (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit including variances to Orono Municipal Zoning Code Sections 78- 348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) to allow demolition of the existing building and constniction of a new building requiring a conditional use permit for a religious institution within a residentially zoned area including a hardcover variance to permit 43.8% hardcover within the 500'-1,000' zone when 40.6% exists, 43% was approved in 1994 by Resolution#3485 and 35% is normally allowed, and a sign variance in order to permit a sign measuring 8' x 4', or 32 s.f. where only 12 s.f. is normally ipermitted. � Page 1 of 6 � °� • o �, � � S C ITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ � `�kES�I�4 NO. a5o : �t �I � FINDINGS 1. This application was reviewed as Zoning File OS-3109. 2. The property is located in the LR— 1 C, One Family Lakeshore Residential zoning district which requires a minimum lot area of one half(%z) acre or 21, 780 square feet and a minimum lot width of 100 feet. 3. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of the conditional use permit and variances based on the following findings: • a. The proposal meets the conditional use permit review standards established in Section 78-916 (A) (1-3). b. The proposal for a hardcover variance can be amended to conform to the previously approved hardcover variance of Resolution#3485. � c. The proposed plans conform to the requirement of a 50' building. setbacic to other adjacent residentially zoned property per Section 78- 348 (3). d. The proposed 32 s.f. sign is of reasonable size to address identification of the site. The sign will be setback 10' from the edge of right-of-way to compensate for the square footage over the allowed 12 s.f. where a 5' setback is normally required. No wall mounted signage will be permitted. e. Submittal of a lighting and landscaping plan sensitive to the adjacent residentially zoned property for review and approval by Planning ' Department staff. f. The proposal conforms to all other zoning requirements such as setbacks, structural coverage,parking, and building height. • 4. The City Council has considered this application includin the findinQs g � and recommendation of the Planning Commission, reports by City staff, '< Page 2 of 5 � � °� • o �: ° � C ITY of ORONO � - : � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKOg'�G No. 5 3 � �. comments by the applicant and the public, and the effect of the proposed conditional use perniit and variances on the health, safety and welfare of the coinmLmity. . 5. The City Council finds that the conditioiis e:cisting on this property are peculiar to it and do not apply generally to other propei-ry in tlus zoning district; that granting the conditional use peirnit and variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in lceeping with the spirit and intent of the Zoning � Code and Comprellensive Plan of the City. • CONCLUSIONS, ORDE12 AND CONDITIONS Based upon one or more of the above findin�s, the Oroiio City Council hereby grants a conditional use permit including variances to Orono Municipal Zoning Code Sections 78-348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) to allow demolition of the e�cisting building and construction of a new building requiring a conditional use permit for a religious institution within a residentially zoned area including a hardcover variance to permit 43% hardcover within the 500'-1,000' zone when 43.8% was originally proposed, 40.6% exists, �3% was approved in 1994 by Resolution #3485 and 35%is normally allowed, and a sign variance in order to pennit a sign measuring 8' x 4', or 32 s.f. where only 12 s.f. is normally permitted, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as EYhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Plaiuling Commission and City Gouncil revie�v. 2. Hardcover in the 500'-1;000' zone shall be limited to 2�,040 s.f. or 43% per the proposed �lan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any fiiture requests to increase hardcover or chanQe the nature of e�istina/approved hardcover shall require City approval, and increases • in hardcover wil'1 not Iikelv be approved witllout concunent reduction in eaisting hardcover. • Page 3 ot� � � �� 0 �, � � _ � - - � CITY of ORON4 ti �� G'�' RESOLUTION OF TH�C�I�T�Y C�OUNCIL `�k'ES�I�g' NO. 3. Applicant shall reinove all plastic or fabric liner material fiom the decorative landscape beds on the property to ensure their perineability as non-hardcover surfaces. . 4. Authorities granted by this resolution ruil with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for � new construction within one year of the date of Council approval, or the conditional use peimit and variances will expire on that date (JLU1e 13, 2006). � 5. Violation of or �non-compliance with any of the terms and conditions of this resolution shall constit�ite a violation of the zoning code, shall automatically � termiiiate any authority granted herein, and shall be punishable as a inisdemeanor. • 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby a�rees to the recording of this resolution in the chain of title of the property. • Adopted by the Orono City Council on the 13�" day of June, 2005. ATTEST: .� � �/ ... �da S. Vee, City Clerl: Barbara A. Peterson, Mayor � � , Property Owner(s) • Paae '� of� - � �� 0 �� - � CITY of ORONO � � ti �,� G'�' RESOLUTION OF THE CITY COUNCIL L`�kEsKog'� rvo. � �C 3 � STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this �--� day of `'�-��-, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. `•, � , Not ,ulilic` � , . � ` � J/�CQUELYN M.YOUNG � � tVotary Pubiic-Minnesote � STATE OF MINNESOTA My cor�,a�,�roa�on 3�,zoto COUNTY OF HENNEPIN 9� The foregoing instrument was acknowledged before me on this �7`day of .,c.,�-.v�e-. , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota mumcipal corporation and said instnunent was executed on behalf of the City. RACHELDODGE NOTARY PUBLIC-MINNESOTA Notary Public ,�,;Y., ��m:+ My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN �;;,; This instrument was acknowledged before me this j�day of�`�'un� , 2005 by i G�Q p�� /��/ pr ,� �T of the Navarre Congregation of Jehovah's Witnesse ,s' Inc., a N�sota non-profit corporation, on behalf of the non- profit corporation. DENISE M.LESKINEN �; NOTARY PUBLIC-MINNESOTA • '•;,,;;. 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