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HomeMy WebLinkAboutRes 6062 O O CITY of ORONO �G RESOLUTION OF TIE-CITXCOUNCIL �E8?rlp4' NO. bb DD ZZ . A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-823(1) FILE NO. 11-3510 WHEREAS,Ryan Companies US, Inc (hereinafter the"Applicant') is the owner of the property located at 2725 Wayzata Boulevard West within the City of Orono (hereinafter the "City'l and legally described as follows: Lot 3, Block 2, Crystal Bay Business Center, Hennepin County,Minnesota(hereinafter the"Property); and WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-823(1) to allow outdoor storage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3510. 2. The property is located in the Industrial Zoning District which requires a minimum lot area of 40,000 square feet and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2011 and recommended approval of a conditional use permit based on the following findings: a. The property contains 251,518 square feet in area and has 305 feet in width. b. The open storage area will be screened and landscaped from adjacent residential uses and public right-of-way. c. The open outdoor storage area will be surfaced with concrete or bituminous. Page 1 of 5 0 0 CITY of ORONO G� RESOLUTION OF THE CITY COUNCIL NO. 6 0 6 2 d. The open outdoor storage area will not be within any front yard or side yard abutting a public right-of-way. e. The open outdoor storage will be setback five feet from all side and rear lot lines and will not be'located within a utility or drainage easement. f. The open outdoor storage area will not utilize any required off-street parking, loading areas, or access space. g. The open outdoor storage area will not be used for storage of hazardous liquids, solids,gases,or wastes. h. The property owner will keep all outdoor storage areas free of refuse, trash, debris,weeds, and waste fill. i. The proposed use is compatible with adjacent present and future anticipated land uses. j. The proposed use conforms with all applicable performance standards contained in this division. k. The proposed use will not tend to or actually depreciate the area in which it is proposed. 1. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. m. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the city, the planning commission and city council may give weight to the sociological impact of proposed use,both positive and negative. 4. 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. Page 2 of 5 O O O CITY of ORONO G RESOLUTION OF THE CITY COUNCIL NO. 6 0 6 2 5. The City Council finds that the Applicant's request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS,ORDER AND CONDPTIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-823(1) to allow outdoor storage on the Property, 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. The outdoor storage area shall be enclosed on all sides with fencing not to exceed eight (8) feet in height. The fence shall include green mesh on the west and south sides. A fence exceeding six (6) feet in height will require a building permit. 3. The outdoor storage use shall be consistent with the community management plan; 4. The outdoor storage use shall be compliant with the zoning code,including any conditions imposed on specific uses as required by article V,division 3 of the City Code; 5. The outdoor storage use shall be adequately served by police, fire,roads,and stormwater management; 6. The outdoor storage use shall be provided with an adequate water supply and sewage disposal system; 7. The outdoor storage use shall not generate excessive demand for public services at public cost; 8. The outdoor storage use shall be compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; 9. The outdoor storage use shall be consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; 10. The outdoor storage use shall be compatible with the character of buildings and site Page 3 of 5 { 0 0 CITY of ORONO G RESOLUTION OF THE CITY COUNCIL fag o�� NO. 6060 improvements in the surrounding area,unless a change of character is called for in the community management plan; 11. The outdoor storage use shall not substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; 12. The outdoor storage use shall be provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses.At the time Orono Industrial Boulevard is constructed the outdoor storage shall be fully screened from Orono Industrial Boulevard with year-round vegetation; 13. The outdoor storage use shall not create a nuisance which generates smoke,noise, glare, vibration,odors,fumes,dust,electrical interference, general unsightliness,or other means; 14. The outdoor storage use shall be not cause excessive non-residential traffic on residential streets,parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; 15. The outdoor storage use shall be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; 16. All exterior lighting related to the outdoor storage use shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts;and 17. The outdoor storage use shall not be detrimental to the public health,public safety,or general welfare. 18. Authorities granted by this resolution run with the property not with the Applicant, but are permissive only. The fence must be completed and inspected within one year of the date of Council approval, or the conditional use permit will expire on that date(August 8, 2012). 19. 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 4of5 0 0 CITY of ORONO ANO ~ RESOLUTION OF THE CITY COUNCIL G �`�kEsHo4`� NO. 6 06 2 20. The undersigned Applicant has read, understands 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' }•' ti�'i.4i JtiY.tfi 4• c.� .,v � ted by the Orono City Council on the 8d' day of August,2011. T.1 O ;:J•�S•� Zo �p.J.�yra:ti' '�'1�a t I�.�"r•Mfr��1.'.�,' O�.r,}} •K.` vis'► � Ye�;1 r .. -; fry .- n .5 Lill Tod McMillan,Mayor 1�•". l%j,1,i" fib• i'- r xi "�?:�Ar..,`� . .:t;w,tl. fiF.~r! -Propert Owes) �� .�.�i•At••-I�JSciJ . STATE OF MINNESOTA COUNTY OF HENNEPIN This in trument was acknowledged before this da o , 2011 by A,tJ/J AAits V[Ltr�s;�/ on behalf of Ryan Comp s US,Inc.. PAMELA K. SHIVES Notary Public Minnesota otary Public .. My Commission Eapiroe Jen 31.2015 Page 5 of 5 Vvfi WET-A 6 06 2 1 f i _ - 11 'XF }� rr 11 , N�Z — _----- - ---ri tI ! fi I 1 I I Iii m I I I , • I I _fr I I i oitojvo IND t-VT.R &LIT II . CD co II , A Z • ���•`—. _•—- _—�:x wuw twat - . A _ Com! o � 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 August 8, 2011,with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the C ty_F,this 10th day of Aug 1st ,2011. r 1W syn . t . ;,'�' •�;:•.'` '_ City Clerk 4(♦ y"�1�i �!�Ty 4 i,�4 µti^• L125 WOYMA314 Doc No A9696264 Certified flied and/or recorded on 9/2311112:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H.Cunniff,County Recorder Jill L.Alverson,County Auditor and Treasurer Deputy 11 Pkg ID 738417 Doc Name:Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. 7k5 �v l� 1,:51VA w Doc No T4892959 Certified, filed and/or re , -reed on 10/10/11 1: Office of the R rar of Titles Hennepin nty, Minnesota Michael H. C�u niff, Registrar of Titles Jill L. Alversounty Auditor and Treasurer Deputy 22Pkg ID 742268 Doc Name: onditional Use Permit Document Recording Fee $46.00 Document Tota/ $46.00 Existing Certs New Certs 1216826 This cover sheet is now a permanent part of the recorded document.