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Home My WebLink AboutResolution 5290 • 014. O =A :0_ CITY ® ORONO I E`;, �' YA G~ RESOLUTION OF THE CITY COUNCIL 1� i. .Ig+ NO. ' , kESB.� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1466(8) & 78-1467(1)(C) AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418(1) FILE NO. 05-3088 WHEREAS, Orono Montessori School, a Minnesota corporation, represented by Michael Kunivilla, (hereinafter "the applicant") has interest in and Cornerstone New Testament Church, a Minnesota non-profit corporation, represented by Grant Hill, the owner of the property located at 850 Wazyata Boulevard West within the City of Orono (hereinafter the"City") and legally described as follows: That part of the Southeast Quarter of Section 35, Township 118, Range 23, West of the 5th Principal Meridian, Lying South of the southerly line of the Chicago Northwestern Railroad right-of-way and East of the easterly line of U.S. and State Highway Number 12, as presently established, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1467(1)(c) to allow signage greater than 12 square feet as permitted within Residential Districts and temporary signage; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit amendment pursuant to Section 78-418 (1) of the Orono Municipal Zoning Code to allow expansion of a Montessori school/daycare use originally approved for this property in 1979 per zoning file #465. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3088. Dano 1 n{ r, k 0 ® o CITY of ORONO tl � .� ti \\:', ,► i �i41,I�y . G RESOLUTION OF THE CITY COUNCIL Esilo 2. The property is located in the RR-1B, One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of the sign size variance and temporary signage based on the following findings: a. The property is 6.4 acres in area and has over 400' of frontage along Highway 12. b. The current Orono Zoning Code does not have sign standards for institutional uses allowed conditionally within Residential Districts. Within Residential Districts a nameplate sign with a maximum of 12 s.f. is permitted. c. The existing ground sign will be re-faced. The sign face area is 4.5' x 9' or 40.5 s.f. d. Temporary banners in accordance with Zoning Code 78-1466(8) should be allowed in order for the applicant to announce the new location for the daycare. 4. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of the conditional use permit for a 69 student daycare based on the following findings: a. The site meets or exceeds the parking and playground size requirements established in the Zoning Code. b. The building has been approved for daycare use in the past. 5. 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 variance on the health, safety and welfare of the community. 6. 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 Page 2 of 6 ev oCITY of ORONO a ti ,1� tit RESOLUTION OF THE CITY COUNCIL L4 1kESB0 v' NO. - > 2, 4 iJ) . district; that granting the variance and conditional use permit 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 keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1467(1)(c) to allow a 41 s.f. sign where a maximum 12 s.f. sign is normally allowed and a conditional use permit amendment for the Orono Montessori School, an institutional use allowed conditionally within the RR-1B Residential Zoning District, 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 Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicant shall remain in compliance with all State licensing requirements. 3. Applicant shall comply with any fire safety requirements deemed necessary by the Orono Fire Marshall. 4. Temporary banner signs not to exceed 32 s.f. in area shall be allowed at the site subject to applicant obtaining the required temporary sign permit. 5. Student enrollment shall be limited to 69. 6. 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 variance will expire on that date (February 28, 2006). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 is N. ,.� _ CITY of OORONO RESOLUTION OF THE CITY COUNCIL IkEs804 NO. 8. 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28th day of February, 2005. ATTEST: tR � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor / Property Owner Applicant Page 4 of 6 . °iv . C)4 0 �A ,... CITYof ORONO "4 '1 ,k( RESOLUTION OF THE CITY COUNCIL `gkEssov`' NO. c i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 0 day of ,1yy4r„,h. , 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. r �' Vci l a i;ec�' r "S Notary Public lei .. �,� my ' ,+ad,i.3� tt�d STATE OF MINNESOTA COUNTY OF HENNEPIN r The foregoing instrument was acknowledged before me on thisII 1-day of 1 `I `0m� 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. r. t RACHEL DODGE t , `w” NOTARY PUBLIC-MINNESOTA ` Notary Public b's My Commission Expires Jan 3i 2010 Page 5 of 6 CITY of ORONO ‘.14 141G RESOLUTION OF THE CITY COUNCIL `gkES1IOg NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of ; ; , 2005 by Michael Kuruvilla, Director of Orono Montessori School, Inc., a Minnesota corporation, on behalf of the corporation. 1 !l Ill-/-�!.✓l!/./!l!./✓!lwr i 7 /! !✓!!l-�./i� 11 � ti r DENISE M.LESKINEN Q , ` ,;; NOTARY PUBLIC-MINNESOTA NotaryPublic My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ! day of , 2005 by Grant Hill, President of Cornerstone New Testament Church, Inc., a Minnesota non- profit corporation, on behalf of the non-profit corporation. ? lr ;, DENISE M. LESKINEN Notary Public NOTARY PUBLIC-MINNESOTA \ My Commission Expires Jan.31,2010 Page 6 of 6 • ( Jr 2 i .. \ • . _— .-- \ — LH �"�� 1036 OF DEEDS PACE �_ -_ BOOK �_.� -�� - LP S'. \ \\-- ._---- --\-- �-- N RA6ROA0 RICH�WAY P� T (FORMER CNICAGO,NORZNS _ ^I�E�E�OE .E \ w __�LUCE LINE 7 E __ �— E e9.7a _ \ / E 65 SAMTABY SENER —oE� N82°g4'10�- ;y�e / EAs]tE9T �� / ,. E _ I PIN 9"PIE 12" 'v � o • eE-'�� ::::: i >��/DETAIL __ TNtt°s�'2�'N\NO SCALE) UMEN �_ ;111:lk.....s._Yj17:;"4drE42.4:2:::r::a:/3':'34:'e15'*: \:.•.... 11"( D�� NEND MNDOPFR DESCRIP110N) � 'Ti�e� BASMAP 5" PR QiNORTH I \ ,• /1.22 OF` OE'(A1L) �_. '�' SPR 5"\1.9. 1 \iSPR 10.i ' 2 Building Setback Unee PARCEL B ' e./ -D° �T O )J'd I: I . \ 'm C,/ AREA = 166,399 sq. ft.• \` \ '��: \—ROW OF PINE TREES 3.82 AcresCOT sT 0 50 29 0 25 50 loo NJ,. \ , 3,485 sq. ft./0.08 Acres Wetland PARCEL A 162,914 sq. ft./3.74 Acres Highland SCALE 1N FEET ))% AREA = 108,900 sq.' ft \ PosteTREES �� 2.50 Acres Ela of PAVEMENT / _ROW Op:Rtu.,CE ^r\ „' ELM 15” / • DEC.1499 ✓ 1/// AS'LOCATED A, • Otn `) _LP. i ,Poet• r1 42,689 sq. ft./0.98 Acres Wetland AX J�� \ 66,211 sq. ft./1.52 Acres,Highland NOTES: • 4° r ..., o —DE— DENOTES OVERHEAD ELECTRIC LINE o 2j Y L.P. ENT \77kk � � - �' NT* DENOTES UGHT POLE NO MNDOT MONUM \ " .' - °e• nFNOtE1 OF(RW PERDESC1tIPTO\ \� -:,_� .. • ' ''fit\e - o ,�^� n DENOTES GRAVEL SURFACE 1.5 DETAIL) - G £ !y cP 4 :DENOTES CONCRETE SURFACE .DETAILLE) \ �"' Nii: •M8°R.:., .• v . f.,.. •• #LP.1 top OI.NOTE9 ARBORVRAE (.•••••• _. V k( 1 11Ai / _.\ .�... +r g MediDENOTES SPRUCETREE I. \ Oe..C��\ Y a 1 � pp ;J>. VA&• OM90R • DENOTES PINE TREE J J'' J \\.e.L. • :'F g'!y • • J p, GAI18oR \ N�-(OCATES a FIELD • DENOTES SIGN \\` i ot. �,va 4Lp. / /SATNRE-eERCOUST �' yNT;'!bb JULY 28,1001 ICI DENOTES ELEC TRANSMISSION TOWER EXISTING TANKS AND \ j. �L• #L� Q00 / _� DENOTES CULVERT PROVIDED LOCATION # . 33" INCH OAK PROVIDED BY THE CITY OF ORONO \O `/ TREES SHOWN ARE A MINIMUM OF 8 INCHES IN \ • DE' DIAMETER FOR DECIDUOUS TREES AND A MINIMUM OF a FEET IN HEIGHT FOR CONIFEROUS TREES. • \�.� ' •� —�R • \ \—-COHMCH NAME r,.. \ j�• HS�Oos*? �s8 o'�• q 4:4.4°0'� C/s..at a, qcy THE cE OF SYMBOLS • c.- i 4.PF \ l THE CEN1FA OF INC TRUNK 1 Zoning:RR-fp • \..C..:.„ ' �( Lot Area Mln�am:2 Acres• \C '� MAP=MAPLE TREE 'Lot Width:200 Feet SAS=BASSWOOD TREE -7 h `t3' Setbacks: \ �.V //\oF a OAK OAK TREE Front Yard: 50 feet / \ . Side Yard: =30 feet • ......../. I car=COTTONWOOD TREE FP ELM=ELM TREE Side Yard \ �?' � a�, NSJo4ms Adj to Street: 30 feel CL�go.,,, LPs2. SPR•SPRUCE TREE Rear Yard: 50 feet • PROPOSED TREATMENT AREA Parking: :10 feet CFN 41.0,414 9 k AND ALTERNATE SITE DESIGN BY: 144NF \ 9.9 r J. SP TESTING 'OE'q \ 951 KATYDID LANE NE DO^ ST,MICHAEL MN Nq \ 0 DENOTES 12 INCH SY 14'IRON PIPE SET IN 39Y4S,d THE GROUND AND MAR10ED BY LICENSE NO.2A764 / o DENOTES A FOUND IRON A10NUME.NT / TAE SOUTH. UNE OF THE SEI/4 CF SEC. 35— — — --, I SC CON. S'Er:PON 35, 7'II5, 5 23—