HomeMy WebLinkAboutRes 4692 t - �
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: CITY of ORONO
p~ RESOLUTION OF THE CITY COUNCIL-
t�`q�tES�j NO. 4699,
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
PER SECTION 10.50, SUBDIVISION 3
FILE NO. #01-2692
WHEREAS, ABC Supply Company, Inc. (hereinafter "the applicant") has leased
the property and building located at 450 Old Crystal Bay Road North for use as a wholesaler
of constriction materials, and VCI Capital, Inc. is owner (hereinafter "the owner") of the
property located within the City of Orono (hereinafter "the City") and legally described as
follows:
Lot 2, Block 1, Van Dale Addition and Lot 3, Block 1 Van Dale Addition, Hennepin
County, Minnesota (hereinafter "the properties"); 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 July 16, 2001, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied for a conditional use permit per Municipal
Zoning Code Section 10.50, Subdivison 3 to permit partial use of Lot 3, Block 1 for outside
storage use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #01-2692.
2. The property is located in the I, Industrial District.
3. The Orono Planning Commission reviewed this application on July 16, 2001 and
August 20, 2001 and recommended approval by of vote of 7 to 0 to permit a
portion of Lot 3, Block 1 to be used for outside storage based on the following
findings:
A. ABC Supply is a wholesaler/warehouser of building and construction
supplies, including roofing materials, siding and windows, as well as
other smaller supplies that are for sale to contractors.
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B. Wholesale and warehouse businesses are listed as "permitted uses" in the
I, Industrial district. The wholesaling operation permits ABC to receive
and deliver materials in bulk amounts to and from vendors and
contractors off-site.
C. No individual retail is permitted in the Industrial district.
D. ABC Supply has been storing materials on the site since moving to the
property in 2000. The warehouse is used when possible; however when
the amount of stock exceeds the storage capabilities of the warehouse,
certain items are stored outside. This is primarily the case in the Spring
and early Summer when there is excessive stock on hand for the
upcoming construction season. Some materials are delivered and are
stored outside the building when it is anticipated the items will only be
on-site for a few days before delivery.
E. The Conditional Use Permit/Industrial district standards require the
applicant provide screening to buffer the storage area and activity
associated with the outside storage area. The property is located adjacent
to residentially zoned property across Old Crystal Bay Road. Other lots
located around the site are located in the I, Industrial District. The
properties most visually exposed to this use are the properties west of
Old Crystal Bay Road.
F. City Code requires the screening of the open storage area shall be
screened by a fence or wall not less than five feet in height and not less
than 50% opaque. Lots are also required to be landscaped with trees,
shrubs or planted ground cover. Such landscaping shall conform with a
plan acceptable by the City.
G. The actual outside storage area is 24,000 s.f. which would be used as a
shared storage and employee parking area. The stock is stored two
pallets high at an average height of 6 to 8 feet off the ground.
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H. A landscaping plan has been submitted that has designated an area west
of the outside storage location to construct a 6' high berm with trees
planted on and around the berm to screen the storage area from direct
view to the adjacent residential properties and Old Crystal Bay Road.
4. 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 district; that
granting the conditional use permit 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 applicant 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 conditional use permit to Municipal Zoning Code Section 10.50, Subdivision 3 to
permit partial use of Lot 3, Block 1 for outside storage use, subject to the following conditions:
1. Property shall be developed as shown on the approved site plan attached hereto
as Exhibit A.
2. Activity related to outside storage shall be limited to the hours specified by ABC
as their regular business hours of:
Summer hours: 6:00 a.m. to 5:00 p.m. Monday through Friday
7:00 a.m. to Noon Saturday
Closed Sunday
Winter hours: 8:00 a.m. to 4:30 p.m. Monday through Friday
Closed Saturday and Sunday
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3. All parking related to the operation of the business shall be limited to the areas
designated on the plan and approved by the City of Orono. Parking areas are
required to be a hard, all-weather, durable, dust-free surface material.
4. Light sources must not be visible beyond the property boundaries.
5. No parking of vehicles shall be allowed in the entrance to the property or within
the 26' driveway on the property.
6. Screening shall include an elevated berm with evergreen plantings on and around
the berm with the intent to protect the residential properties located west of Old
Crystal Bay Road. Final landscaping plan shall include 8 evergreen trees on the
berm and 8 hardwood trees. Evergreens can be substituted for hardwoods, but
no hardwoods can be substituted for evergreens. An additional 30 trees (15
evergreens and 15 hardwood trees) shall be planted along the west side of the
existing building between the entrance drive to the north property line. All
screening improvements including grading, landscaping and fence construction
shall be completed by October 31, 2001 or approvals granted by this conditional
use permit will cease.
7. All noise generated by the operation of the business shall not exceed the allowed
noise levels as set by the City of Orono Noise Ordinance.
8. No parking of any vehicles by use of the operation of ABC Supply, including
Company vehicles, customers of ABC, and vendors of ABC shall be permitted
within the Crystal Bay Road right of way.
9. Authorities granted by this conditional use permit run with the property not with
the applicant, but are permissive only and must be exercised by completion of
paving and striping of all parking areas within one year of the date of Council
approval, or this conditional use permit will expire on that date (September 24,
2002).
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�� G~ RESOLUTION OF THE CITY COUNCIL
�SII04� NO. 4692
10. Violation of or non-compliance with any of the terms and conditions of this
conditional use permit shall constitute a violation of the zoning code, shall
automatically terminate any authority granted herein, and shall be punishable as
a misdemeanor.
11. The undersigned owner and applicant have read, understand 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 of Orono, Minnesota at a regular
meeting held on the 24th day of September, 2001.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner Ap icant
(Representative of VCI Capital) (Representative of ABC Supply)
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RESOLUTION
OF THE CITY COUNCIL-
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STATES MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
September, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument was executed an behalf of
the City.
Notary Public
STATE OF MINNESOTA )
_.:IS=MELESKINEDN
SS. NOTARY PUBLICOUNTY OF HENNEPIN ) K1yComa b*nE
On this J/qday of ��iG«c.� , 20 Ca before me a Notary Public within and for
said county, personally appeared 1 . Ao v F A6C -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.
Not
STATE OF MINNESOTA ) -:2NISE M.LESKINEN
SS. NOTARY KM C-MINNESOTA
COUNTY OF HENNEPIN ) My Cam�sebn Expkes Jan 31,2M
On thisjM day of LSC 4— , 20%� before me a Notary Public within and for
said county, personally appeared t 4 1 {= , Ups. 2_ -ice 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.
PtACHEL DODO I�C�� /��C_. Oc C C�
PU .h;,:.. : Notary Public
NOTARY SUC •.;'
emission Expires
r
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