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Home My WebLink AboutReso 6320 Doc No T05121033 Certified, filed and/or recorded on Sep 30, 2013 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1037293M Doc Name: Resolution 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. CITY of ORONO ►-� ti RESOLUTION OF THE CITY COUNCIL NO. b 32 0 G �`9ttESHC; A RESOLUTION GRANTING INDUSTRIAL SITE PLAN APPROVAL FOR WJM PROPERTIES,LLC FILE 913-3625 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, WJM Properties, LLC ("the Applicant") has applied for renewal with minor revisions of industrial site plan approvals originally granted under Resolution No. 5470 for property located at 2605 Wayzata Boulevard West and legally described as: Exhibit"A" attached,Hennepin County,Minnesota (hereinafter "the property"); and WHEREAS, on May 22, 2006 the City Council granted a conditional use permit per Municipal Zoning Code Section 78-823 and industrial site plan approval per Section 78-831 to permit a 25,620 s.f. one-story addition to the principal structure, a 250 s.f. addition to connect existing accessory buildings, proposed revisions to approved parking layout; approved the proposed amendment of Resolution No. 4845 as described in Resolution No. 5470 with regard to conditions placed on outside storage; and denied the requested conditional use permit for flagpoles in excess of 40 feet in height; and WHEREAS, the Applicant was not able to commence construction of certain of the approved additions and improvements within the allotted one-year established by Resolution No. 5470, and was granted by Resolution No. 5593 an extension of the approvals until December 31, 2008; and WHEREAS, the Applicant was not able to commence construction of the addition before December 31, 2008, and was granted an extension of the approvals until December 31, 2009 by Resolution No. 5757; and WHEREAS, the Applicant was not able to commence construction of the addition before December 31, 2009, and was granted an extension of the approvals until December 31, 2010 by Resolution No. 5875; and Nee I of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL :a ti NO. I� G t�kESH0 WHEREAS, the Applicant was not able to commence construction of the addition before December 31, 2010, and was granted an extension of the approvals until December 31, 2011 by Resolution No. 5992; and WHEREAS, the approvals and extensions granted by the above referenced Resolutions have expired; and WHEREAS, the Applicant in this request for renewal of the expired approvals has requested a minor revision to the originally approved plans to allow the 25,620 s.f. building addition to be 25 feet in height where the original approval was for 20 feet in height; and WHEREAS, pursuant to mailed and published public notice, the Orono Planning Commission held a public hearing on the renewal and revision request on August 19, 2013, at which time all persons wishing to comment on the proposal were allowed to comment; and WHEREAS, on August 19, 2013, the Orono Planning Commission voted 6-0 to recommend approval of the renewal with height revision; and WHEREAS, the City Council has considered the application by the Applicant for renewal with minor revisions of the approvals granted under Resolution No. 5470 for development of the Property, and makes the following findings: 1. The existing main building on the property is approximately 176,000 s.f. in area, and the proposed addition to it will add 25,620 s.f. The proposed addition at 25 feet in height will approximately match the height of the front portion of the existing building nearest to Wayzata Boulevard. 2. The location of the addition is far removed from view from any of the surrounding public roadways and will have vittually no visual impacts as viewed from the adjoining industrial properties. All required yard setbacks will be met. 3. This addition expands the main building footprint to approximately 202,300 s.f., or 20.4% of this 990,000 s.f. site. With the additional 7,250 s.f. of existing accessory buildings on the site, structural coverage is significantly below the 45% coverage allowed for the site. 4. The property is in Hardcover Tier 5, which allows a maximum impervious surface of 85%. The site with the proposed additions will be at approximately 55% hardcover. Paae 2 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. �kESHOg' NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant renewal of the approvals originally granted in 2006 per the provisions of Resolution No. 5470 for WJM Properties, LLC, and further grants the minor revision requested to allow the 25,620 s.f. addition to extend to a height of 25 feet, subject to the following conditions: 1. 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 by September 9, 2014 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 5470 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 Orono this 9th day of September, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor pplicarit �, Page 3 of 4 O . O CITY of ORONO RESOLUTION OF JI-If J7 COUNCIL y. .. ti NO. G �12kESH04� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this //f/-day ofA 2013, by Maurice J. Wagener, Chief Manager of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. N t ry Public AE FICHTEL IN PUBLIC �F MINNESOTA -fl' ;".,it/l EXP.01/31/2015 Page 4 of 4 EXHIBIT A RESOLUTION NO. 6 TO LEGAL DESCRIPTION Parcel 1: That part of the South half of the Northeast Quarter of Section 33, Township 118, Range 23, which lies East of the East line of the plat of Orono Industrial Park and its extensions, and West of the West line of the plat of Long Lake West Industrial Park and its extensions, Hennepin County, Minnesota; and Parcel 2: Lots 1 through 12, Inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive, vacated, as shown on the plat of said Orono Industrial Park, Hennepin County, Minnesota. 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 September 9, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITTINESS my hand officially as such City Clerk and the corporate seal of the City this day of -� f�t�v�i l��.n , 2013. City Clerk AH, r w r `,p