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Home My WebLink AboutRes 6099 O O CITY of ORONO '. RESOLUTION OF THE CITY COUNCIL NO. 6099 �kESH0 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MINI-STORAGE OPERATION AT 2725 WAYZATA BOULEVARD FILE NO. 11-3530 WHEREAS, Ryan Companies US, Inc., a Minnesota corporation (hereinafter the "Owner") is the owner of the property located at 2725 Wayzata Boulevard West within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3, Block 2, Crystal Bay Business Center, Hennepin County, Minnesota(hereinafter the"Property"); and WHEREAS, Property Resources Corporation, a Minnesota corporation (hereinafter the "Applicant"), has a purchase agreement to acquire the Property, and has made application to the City of Orono for a conditional use permit to allow a warehouse conversion to mini-storage, accessory outdoor storage, and an accessory enclosed service activity pursuant to Section 78-823(a) and its subsections. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3530. 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 November 21, 2011 and unanimously recommended approval of a conditional use permit based on the following findings: a. The proposed use is both anticipated and supported by the Comprehensive Plan. b. The proposed use, building improvements and overall character of the site will be compatible with the adjacent lands. O� O O CITY of ORONO RESONUOTION OF 6H� E 919 COUNCIL G L�kESH0 c. The proposed use conforms to all applicable performance standards for the proposed uses as listed in code, specifically: i. The open storage areas will be screened and landscaped from adjacent residential uses and public right-of-way. ii. The open outdoor storage areas will be surfaced with concrete or bituminous. iii. The open outdoor storage areas will not be within any front yard or side yard abutting a public right-of-way. iv. The open outdoor storage areas will be setback five feet from all side and rear lot lines. v. All open storage areas shall only be utilized as parking (i.e. all materials must be on wheels; either within a vehicle or enclosed within a trailer); vi. The open outdoor storage areas will not utilize any required off-street parking, loading areas, or access space. vii. The open outdoor storage areas will not be used for storage of hazardous liquids, solids, gases, or wastes. viii. The property owner will keep all outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. d. No evidence was found to suggest the proposed use would tend to or actually depreciate the area in which it is proposed. e. Conditions of approval will ensure the proposed use does not generate nuisance characteristics which may have an adverse effect upon existing and future development of adjacent areas. f. 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. g. The proposed use will be adequately served by public services (police, fire, roads) and stormwater facilities, and no evidence was found to suggest the use would place excessive demand on such services. h. The site will be served by municipal sewer and water, and capacity exists in both systems to accommodate the use. i. The use will not generate substantially more impacts to the use and enjoyment of property in the area as compared to other generally permitted uses. j. The use will not generate excessive traffic. Page 2 of 6 O O CITY of ORONO a - RESOLUTION OF THE CITY COUNCIL NO. 6 0 9 9 ��kESH0 k. The proposed lighting will be down-directional and will not cast glare towards .residential areas or rights-of-way. 1. No evidence was found to suggest the proposed use will be detrimental to public health,public safety or general welfare. 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 conditional use permit on the health, safety and welfare of the community. 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 CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow a warehouse conversion to mini-storage, accessory outdoor storage, and an accessory enclosed service activity, subject to the following conditions: 1. The open outdoor storage areas shall not be used for storage of hazardous liquids, solids, gases, or wastes. 2. The open outdoor storage areas shall be kept free of refuse,trash, debris,weeds, and waste fill at all times. 3. All open outdoor storage shall occur outside of drainage &utility easements. 4. The existing link between the subject building and the building to the west(located at 450 Old Crystal Bay Road North) shall be removed prior to the opening of the proposed mini-storage operation. 5. All refuse and junk on the southern portion of the property shall be removed prior to the opening of the proposed mini-storage operation. 6. Storage of materials which produce smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other nuisances as defined by Orono City Code shall be prohibited. 7. Storage bays shall not be used to manufacture, fabricate, or process goods,to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, Page 3 of 6 O O CITY of ORONO +� RESOLUTION OF THE CITY COUNCIL NO. 6 0 9 9 SH0 to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site. 8. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address. 9. All open outdoor storage shall be on wheels (e.g. within a vehicle,within a trailer, or enclosed in an easily transportable device). 10. Access deemed acceptable to the fire chief shall be provided at all times for emergency vehicles. 11. Dry stacking of boats shall be prohibited. 12. No more than five employees shall work in the retail/office store at one time. 13. The grounds shall not be used as a staging ground for deploying employees or assigning of moving duties. 14. All proposed signs shall conform to code requirements for signs in the industrial zoning district. 15. Landscaping plans deemed acceptable by the City Engineer/Landscape architect shall be supplied at the time of building permit, and shall provide required screening from all directions as deemed necessary. 16. Landscaping shall be added as deemed necessary by the City Engineer around the gate mechanics to best screen the proposed outdoor storage on the eastern side of the building. 17. Fencing parallel to Wayzata Boulevard shall utilize slats or another screening mechanism deemed acceptable by the City Engineer. 18. The Applicant shall provide a limited and updated survey and design south of the east parking lot and new access road to the south end of the building. Drainage shall be routed south for Emergency Overflow(EOF)purposes unless otherwise approved by the City Engineer. 19. The Applicant shall obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction. 20. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. Page 4 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 9 9 kESH0 21. The City Engineer shall have the option to inspect the property at the Applicant's expense during the construction process to ensure on-going compliance with all engineering requirements. 22. The conditional use permit shall expire one year from the date of resolution if the use is not established; City Council approval will be required for any subsequent extension. 23. 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. ,Adopted by the Orono City Council on the 12th day of December, 2011. Z � N;Y etJ A 'FEST � �,/`�;�� i^itt5r :r. w ' shda_8� Vpe t k lerl:: Lili Tod McMillan, Mayor i .9 4T. 4. � A ••L Property O e Property Owner Applicant Applicant Page 5 of 6 O O CITY of ORONO a . �+ RESOLUTION OF THE CITY COUNCIL NO. 6 099 t�k'SH0 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /I d=kmn NUN , 20/Aby !IC/CC 4sen , its behalf of Ryan Compani s US, Inc. MONICA A, rADNES5 ~y NOTARY PUBLIC-MINNESOTA �J . My Commission Expires Jan.31,2012 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This i strymentwas ac owledged before,me this O day of �/( (,�il_ , 20 /may its (.t on behalf of Property Resources Corporation, Inc. MONICAA.FADNESS 4 _ NOTARY PUBLIC-MINNESOTA ....... My Comrission Expires Jan.31,2017 Notary Public Page 6of6 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 December 12, 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 City this -15th day of December , 2011. City Clerk 14, r. �.. lAx B"��"� Doc No T4948457 Certified, filed and/or recorded on 4/23/12 2:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 45 Pkg ID 796909M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1348653 This cover sheet is now a permanent part of the recorded document. Doc No A9771669 Certified, filed and/or recorded on 4/4/12 12:00 PM Office of the County Recorder' Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 790954D Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MINI-STORAGE OPERATION AT 2725 WAYZATA BOULEVARD FILE NO. 11-3530