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HomeMy WebLinkAboutReso 5388 Doc No T4827535 Certified, filed and/or recorded on 1/21/11 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 33 Pkg ID 686604 Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1120362 This cover sheet is now a permanent part of the recorded document. e 1H A RESOLUTION GRANTING CONDITIONAL USE PERMIT PER SECTION 78-823 AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL PER SECTION 78-821 FILE NO. 05-3115 O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL sHD NO. 5 3 8 8 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-823 AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL PER SECTION 78-821 FILE NO. 05-3115 WHEREAS, WJM Properties, LLC, (hereinafter "the Owner") is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter"the City") and legally described as follows: Exhibit"A"attached, Hennepin County,Minnesota(hereinafter "the property"); and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 78-823 to permit the expansion of a paved parking area to support the body shop, auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and WHEREAS, the owner has applied for an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 per Municipal Zoning Code Section 78-821 to allow construction of a 50' x 100' accessory garage structure to be located south of the existing principal structure on the site; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 19, 2005, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#05-3115. 2. The property is located in the (I)Industrial District. Page 1 of 6 O O ti CITY of ORONO RESOLUTION OF THE E3CIT CITY `q$ESg0 NO. 3. The proposed parking area expansion is nominally 200' x 200' in area, with additional paving to serve the proposed garage in an area approximately 75' x 90' in area, constituting in total approximately 46,750 s.f of added paved hardsurface in addition to the 5,000 s.f proposed building. 4. The Orono Planning Commission reviewed this application on September 19, 2005 and recommended approval by a vote of 7 to 0 based on the following findings: a) The proposed parking addition allows for an expansion of the outdoor storage for which a CUP was previously granted via Resolution No. 4845 in August 2002. This new lot takes the place of the 200' x 200' parking lot originally approved at the southwest corner of the main building but which was never constructed. b) The proposed parking/outdoor storage expansion is located at the south end of the existing parking lot and is remotely located from Highway 12 and from adjacent developed properties, such that additional screening of the storage is not warranted. c) The proposed building expansion is an allowed accessory use in the I (Industrial) District per Section 78-823. The proposed building meets the minimum 5,000 s.f. area requirement of Section 78-825(b). Building height with the flat roof proposed will be approximately 20', meeting the 40' I District height limit. The building will be setback more than 250' from all lot lines and approximately 95' from the main building, meeting all required pertinent setbacks. The addition of this building will bring this 23-acre site to approximately 27% structural coverage, far below the 45% limit for the I District. The building addition is not visible from Highway 12 and should not require screening due to its relatively central location within the site. d) The building will be constructed of aggregate-faced precast concrete panels, which due to the inconsistency of building facade materials and colors on the site should be colored to closely match the color of the recently re-sided accessory garage building adjacent to the new garage building. e) Lighting for the parking area is proposed to be a continuation of the approved lighting plan. This is acceptable and is expected to have no impacts on adjoining residential properties which are all more than 600' distant from the parking area. Page 2 of 6 0 0 CITY of ORONO AV ti ti RESOLUTION OF THE CITY COUNCIL 0 NO. 53 8 8 5. The applicant has submitted a grading and drainage plan which directs all runoff from the site to the "Kenobi Pond" stormwater management ponding area to the immediate southeast of the property, which is being developed by MnDOT as part of the Highway 12 project. The City Engineer has granted preliminary approval for this grading and drainage plan, and final approval should be subject to meeting all conditions of approval to be established by the City Engineer. 6. The City Council funds that granting a conditional use permit for the proposed parking lot/outside storage expansion and granting site plan approval for the proposed garage building will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use 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. 7. 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. CONCLUSIONS,ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 78-823 to permit the expansion of a paved parking area to support the body shop, auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and hereby approves an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 per Municipal Zoning Code Section 78-821 to allow construction of a 50' x 100' accessory garage structure to be located south of the existing principal structure on the site; subject to the following conditions: 1 . All work shall be in conformity with the approved site plan and building plans attached to this resolution as Exhibit B. Any revisions to building or site plans may require additional review by the City Council 2. Applicant shall color-match as closely as possible the new concrete aggregate-face building facade with the recently re-sided accessory building color. Page 3 of 6 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL Ss;oNO. 5 3 8 8 3. The applicant shall obtain a building permit for the accessory structure and a land alteration permit for the parking expansion prior to commencing construction of said improvements. 4. Final grading and drainage plans shall be approval by City Engineer prior to issuance of building permits or land alteration permits. 5. The conditions of Resolution No. 4845 and subsequent relevant Resolutions shall remain in effect except as modified by this Resolution. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit and land alteration permit within one year of the date of Council approval, or the approvals will expire on that date (October 10, 2006). 7. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the l Oth day of October,2005. �.� ly-�if'�4Y NS f� - • 'LC 'Rh t H r . gra S ,Cr clerk 7CFC// ty Barbara A.Peterson Mayor iJ H perry Owners) O � CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `�kEsK0 NO. .538 8 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10th day of October, 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. otary JACQUELYN M.YOUNG Notary PvNio-Minnesota ... My CWWOO bn Edo Jae 91.2010 STATE OF NIINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � day of - 200S 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. RACHEL DODGE NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 Page 5 of 6 o.�,. 0 0 C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL S84g�G NO. 5 3 8 8 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this Z-aA day of aJ-cik , 2005 by Maurice J. Wagener, Chief Manager of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. MMW.JOHNKWNot ublic KWMyPWW-AilMM4E8 U Aly Bion EExpira Jan.31.2410 Page 6 of 6 CERTIFICATE OF SURVEY FOR MORRIES AUTOMOTIVE GROUP Ill-THE NE 1/4 OF SEC. 33—"118-23 HENNEPIN COUNTY, MINNESOTA 1 S �g alm S 89°06'32'E �J'A^x..esm....r.--� — 556.66—. o •75 00 y S 89.06'32'E 29.85 I M _--_ — s — IN, —Wero-- —� I it NOTE I p ] I I I 11 I WEST CATCH BUSS ARE AN OUTSARILY ANDINTENDEDFOR FOR USE AS QEANOUTS AND FOR GROUND WATER OBSERVATION 4 FILTER SOCKNCH PE DRANRE WITH ALL ST OTN OUTLETS TO INCORPORATE CLASS 1 RP RAP L1IKSTONE BUFF COLOR OVER CEOTEXTILE AND FLAREDI END SECTIONS. THE TWO SOUTH 18 NCH OUTLETS WLL e" 1'+ I .6/ ! 1 BE EXTENDED TO FUTURE MDOT WL THAT WLL BECONSTRUCTED AFTER T1E FREEWAY RETANNC WALLS ARE N PLACE. I 4 T16 DITCH PLAN N ODER�VEW III R 'I I I I I I WITH ARES CONSTRUCTION AND MOOT. EXISTING S 89.09'21'E 228.03 BUILDING 52605 \, ® ® I I It 5 1. ---- I I I I ', �N j I i --Nola' ♦x 1 \1 �I 1 1 F `\ II\ I � I 1 \'� I I I I % \, '1 I y PRa09E0 cPA55 1REA I E I I 1 1 1 — ----- / \ 1 I I I \ I I III — � I I W I I 11 I I�.� ¢x—,e--a_� t, i`• .v..c.�e....s "' I .. 1$ 4 I I PR WD I I 1 I 111 \\\». I \\ ' BIADNG '✓ .---..\: I I II j� I I 1 Iw I \ I \ I r.'"' I I T 1 11t I `\ I t\ //1 0 I'I KENOBI lTmI 1 II I \ I I I NWL=L.. IOOYR.@ rX -,I!)AJ ' I / � I y N 89e09'23''WX -------------------- .—__._Nears.__~:—_—._._.—__ v, W W OD r STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 20, 2005 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Assistant and the Corporate seal of the City this AM day of 2011. Monica A Fadness, Admin.Assistant seal r City of Orono ygr�a t y�, c r f.. A �f eti EXHIBIT A RESOLUTION NO. 5388 �a rfJ LEGAL DESCRIPTION (PINS#33-118-23-13-0015) LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, ORONO INDUSTRIAL PARK, INCLUDING ADJACENT VACATED ROAD (LINCOLN DRIVE), AS SHOWN ON dr THE PLAT OF SAID ORONO INDUSTRIAL PARK,HENNEPIN COUNTY, a - MINNESOTA; AND THE EAST 460.5 FEET OF THE WEST 94 RODS OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 118N, RANGE 23W, EXCEPT ROAD; ALSO EXCEPT PARCEL 203 AS SHOWN ON MN/DOT PLAT NO 27-57 AND ARCEL 48 AS SHOWN ON MN/DOT R/W PLAT NO 27-129. J4 r' 1.