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Home My WebLink AboutRes 4323 A got 7.41. 0 At 7 O O 0CITY of ORONO � ' 64,s' RESOLUTION OF THE CITY COUNCIL 9kES Hp4� NO. 4 0 ..=' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.40, SUBDIVISION 6 (C) AND GRANTING A CONDITIONAL USE PERMIT AMENDMENT PER MUNICIPAL CODE SECTION 10.40, SUBDIVISION 4 (B), FILE NO.2502 WHEREAS, William W. Wear and Mable Wear (hereinafter "the applicants") are owners of the property located at 2160 Wayzata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: East Parcel That part of the East Half of the Northwest Quarter of Section 34, Township 118, Range 23 described as commencing at the Northwest corner of said East Half of the Northwest Quarter;thence due south (assumed bearing) along the West line of said East Half of the Northwest Quarter a distance of 1311.29 feet; thence South 87 degrees 41 minutes East, 545.87 feet to the actual point of beginning; thence North 87 degrees 41 minutes West, 200 feet; thence North 2 degrees 19 minutes East, 188.93 feet; thence North 87 degrees, 41 minutes West, 200 feet; thence South 2 degrees 19 minutes West, 334.96 feet to the Northerly right of way line of State Highway No. 12;thence South 69 degrees 41 minutes East along said Northerly right of way line 45.94 feet; thence Easterly 364.3 feet along said Northerly right of way line being a tangential curve to the left having a radius of 1587.28 feet to an intersection with a line bearing South 2 degrees 19 minutes West from the actual point of beginning; thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the Government Survey thereof, except the West 200 feet thereof. West Parcel The West 200 feet of that part of the East Half of the Northwest Quarter of Section 34,Township 18,Range 23 described as commencing at the Northwest corner of said East Half of the Northwest Quarter; thence due south (assumed bearing) along the West Line of said East Half of the Northwest Quarter a distance of 1311.29 feet; thence South 87 degrees 41 minutes East, 545.87 feet to the point of beginning; thence North 87 degrees 41 minutes West, 200 feet; thence North 2 degrees 19 minutes East, 188.93 feet; thence North 87 degrees, 41 minutes West, 200 feet; Page 1 of 5 ay w 0 At /CI CITY of ORONO G� RESOLUTION OF THE CITY COUNCIL 43 2, 6 �ESHO¢ NO. thence South 2 degrees 19 minutes West, 334.96 feet to the Northerly right of way line of State Highway No. 12; thence South 69 degrees 41 minutes East along said Northerly right of way line 45.94 feet; thence Easterly 364.3 feet along said Northerly right of way line being a tangential curve to the left having a radius of 1587.28 feet to an intersection with a line bearing South 2 degrees 19 minutes West from the actual point of beginning; thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the Government Survey thereof. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.40, Subd. 6(C) to allow a front yard setback variance of 14' to allow a setback of 6' where 20' is required. The applicant has also applied for a conditional use permit amendment to Section 10.40, Subd. 4(B), to allow a canopy to be constructed over existing gas pumps at a Motor Fuel Station. WHEREAS, in the B-1 Retail Sales District, Motor Fuel Stations require a conditional use permit, and a canopy is a structure addition to the Motor Fuel Station, requiring a conditional use permit amendment. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2502. 2. This property is located in the B-1 Zoning District where the minimum lot area requirement is 20,000 sq. ft. 3. The Orono Planning Commission reviewed this application on July 19, 1999 and recommended unanimous approval of the proposed variance based upon the following unique findings and hardships: A. The zoning lot conforms to the lot area, lot width, side and rear yard requirements for the B-1 District. Page 2 of 5 e, f o CITY of ORONO 1 `' i�^ 1� � �, RESOLUTION OF THE CITY COUNCIL P -4kESHD3`� NO. 4 8 2 6 B. The gas pump island is existing at approximately 15' from the property line. C. A 3' separation is required from the existing overhead wires. D. The highway took 10' across the front of the property and 25' at the west property line. 4. The City Council fords 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 property; 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a front yard variance to reduce the required front yard from 20' to 6' per Municipal Zoning Code Section 10.40, Subdivision 6(C)to permit the addition of a canopy over an existing gas pump island. A conditional use permit amendment is required to allow construction of a canopy over the existing gas pumps, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants,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 (July 26, 2000). Page 3 of 5 a , % °A O _ � O �J ,� CITY of ORONO ';^il� a~ RESOLUTION OF THE CITY COUNCIL�t9ti kESH01* NO. S �� 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate and authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 26th day of July, 1999. ATTEST: ZI/L-lec/ I Ze--e- Linda S. Vee, City Clerk Gabri- Jabbour, Mayor -,-IZ:a.,:-‘„__. -41,,, / diri4 &L.tizY Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of July, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . .rte-�.�rr .��.�.src,� ,'��j `y/�GZ ��C/�/ 1�..��_. } ,-..9. MARY ANN JOHNSON • NOTARY PUBLIC-MINNESOTA -( Notary blic „,.. My Commission Expires Jan.31,2000 L /Sr./l!'!!!!flj.!!.l g -.tel++!" Page 4 of 5 ow w IP • 44------;:b 71V 0 =ice CITY of ORONO ,%, '''s.,„ 1 ,,A,414,44 - --- RESOLUTION OFTHECITY COUNCIL 4 NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 11411 day of A,..7 j r,sI , 199'7, before me a Notary Public within and for said County,personally appeared ld;/f;/rn W. 1u ir, metrrie d 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. r CAROLE A.HASEMP.N:,[ (2/24.1 ,} ��e9 ,,:,14:,tit: NOTARYHENNEPIN OUNTY OTA `,; ' My Commissicn Expires Jan.31,20e1 .' Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 9 fl day of 4-ci 7/ u,s f- , 1999, before me a Notary Public within and for said County, personally'4ppeared /77b/& �iic e a f . rn a_ Red e 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. a) ) - n Notary 1'ublic - e. MARY ANN JOHNSON ') i; �w `_a: NOTARY PUBLIC-MINNESOTA 1 '7 My Commission Expires Jan.31.2000 I._.=amu.-:e^' ._�.� ;! Page 5 of 5