HomeMy WebLinkAboutRes 4727 o _ o
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
ES804' NO. 4727
A RESOLUTION GRANTING A CONDITIONAL USE
PERAUT PER SECTION 10.50,SUBDIVISION 3
FILE NO. 01-2711
WHEREAS, Western Steel Erection, Inc., (hereinafter "the applicants") and Ace
Properties,are owners(hereinafter"the owners')of the property located at 2687 Wayzata Boulevard
within the City of Orono(hereinafter"the City")and legally described as follows:
Attached Exhibit A,Hennepin County,Minnesota(hereinafter"the property");and
WHEREAS,the applicants have applied for a conditional use permit per Municipal
Zoning Code Section 10.50, Subdivision 3 to permit outside storage on the southeast corner of the
property and for a commercial/industrial site plan review;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 17,2001 and October 15,2001,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#01-2711.
2. The property is located in the I,Industrial Zoning District.
3. The Orono Planning Commission recommended approval of the application by a vote
of 6 to 0 on October 15,2001.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4727
4. The Planning Commission made the following findings of fact:
A. Western Steel Erection, Inc. has leased the 16,200 st building located at
2687 Wayzata Boulevard. Western Steel has approached the City of Orono
because their property in Long Lake is scheduled to be acquired by the City
of Long Lake for a new Public Works facility.-Western Steel constructs steel
framing beams used for construction proj ects. They are a permitted use in the
Industrial District.
B. The conditional use permit for outside storage includes the use of only the
southeast comer of the property. The items the outside storage would be
limited to is to provide outdoor parking for 6 trailers,2 trucks,2 cranes, and
1 boom truck.
C. The remainder of company vehicles and equipment would be stored within
the building on the property.
D. The required setbacks for the parking and outside storage must be aminimum
of 75' from the front property lines and 10' from the side and rear lot lines.
Parking stalls are required to be 20' in length and 9'wide, Parking areas are
proposed to be surfaced with a hard,all-weather,durable,dust-free surfacing
material and be properly drained and landscaped.
E. Per Municipal Code requirements,the parking area facing the public street
(existing Highway 12)shall have a solid wall or fence of not less than four
feet nor more than six feet in height along such facing. Evergreen trees will
be planted between the solid fence and the highway to provide a more natural
appearance and to screen the property from the right of way.
F. 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. The proposed
chain link fence will have spacers installed to ensure the screening
requirement is met.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kES�I04 NO. 4 7 2 7
5. The Council finds that the proposed fuel station location is justified by the fact the
fuel tank is required to meet a minimum 50' setback to the property line and a 50'
setback to the building. The only location on the property the fuel tank can be
located is between the building and the front property line.
6. The City Council finds that granting a conditional use permit to permit outside
storage on the property 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
applicant 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 10.50, Subdivision 3 to permit outside
storage on the southeast corner of the property and for a commercial/industrial site plan review
subject to the following conditions:
1. The site shall be developed in accordance with the site plan attached hereto as
Exhibit B.
2. The parking areas shall be surfaced with bituminous surface and striped per the
requirements of the City Engineer and the MCWD.
3. The north half of the existing gravel parking area shall be removed and replaced with
natural surface.
4. The parking and outside storage areas shall be located a minimum of 10' from side
property lines. Final parking lot design shall incorporate tree preservation of mature
trees located within the parking area.
5. Evergreen trees shall be provided between the front property line and the fence in
accordance with the trees installed. Additional trees shall be planted east of the fuel
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
8YtO NO.
station with the intent to fully screen the fuel station as the trees reach maturity.
6. A final drainage plan,based on required paving and regrading,shall indicate drainage
patterns and stormwater detention areas or drainage areas to properly manage
stormwater flowing over and leaving the property. Final plan shall be approved by
the City Engineer prior to construction.
7. The outside storage area shall be limited to the southeast comer of the property.
8. Light sources must not be visible beyond the property boundries.
9. Outside storage activity shall occur only during regular business hours, including
deliveries,transportation ofmaterials on site and parking of business related vehicles.
10. 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.
11. Drainage and Utility easements shall be granted 5' along interior property lines and
10' along exterior property lines.
12. Fence shall include a solid, wood, six feet in height located 75' from the north
property line, and the fence along the east, west and south property lines shall be a
six foot black,chain link style.
13. Canopy shall be a neutral color harmonious with the existing color of the building.
14. Authorities granted by the conditional use permit run with the property not with the
applicant,but are permissive only and must be exercised by application for a land
alteration permit within one year of the date of Council approval,or this conditional
use permit will expire on that date(November 26,2002).
15. 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.
16. The undersigned owners and applicants 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.
Page 4 of 9
O - O
.� Alf
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`4kEs?iO4' NO. -4727
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 26th day of November,2001.
ATTEST:
mda S.Vee,City Clerk Barbara A.Peterson,Mayor
d
Pro e
ApplicaAts
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 26th day of November,2001
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
JACKIE YOUNG
NOTARY PUBLIC-MNNESOTA
mi Canmbnion Exon Jan.31,200
_ NoS�ry Public � l
STATE OF MINNESOTA '
COUNTY OF HENNEPIN ✓
The foregoing instrument was acknowledged before me on this day of
200 _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.
-DENISE R LESKINEN _
WTMY PUBLIC•M�INEBOTA
IV C°n'* Eon Jm 31,M Notary Public
Page 5 of 9
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CITY of ORONO
�0 RESOLUTION OF THE CITY COUNCIL
�ES?rip4' NO. - 47- 27
-—
STATE OF NIINNESOTA
COUNTY OF HENNEPIN
On this d4"day of Do p-mb r ,2001 , _ CA;..wreyim T • Pe,I YY1, L)wytr
personally appeared before me, AGC e- 'P►'of_r r-)eS
who is personally known to me
whose identity I proved on the basis of /W n_
whoseidentity I proved on the oath/affirmation a credible
witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the
same as his/her/their free act
RACHEL DODGE
NOTARY pPIn E Jan.32005
Notary Public
STATE OF NIINNESOTA
COUNTY OF HENNEPIN
On this-f-day of 20 Dl, '3TPK)'1yI ?04,0 accC (iM_r
personally appeared before me, vVFS-regN STEEL_
who is personally known to me
r/ whose identity I proved on the basis of AJA) 7 L
whose identity I proved on the oath/affirmation , a credible
witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary Public
ir`fut M.LESKIIVEN
'yam-MwMESora
sten E*f"Jae.3f,2005
Page 6 of 9
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CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
9xEsso4`' No. '4727
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of ,20—,
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation ,a credible
witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed-the
same as his/her/their free act and deed.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of --.20—
personally
20—personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation , a credible
witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary Public
Page 7 of 9
Exhibit A
4727
LEGAL DESCRIPTION OF PREMISES:
That" part of the Southwest Quarter of the Northeast Quarter of Section 33, Township
118 North. Range 23 West of the 5th Principal Meridian. described as follows:
'Cannencing at a point on the South IIna-of said Southwest Quarter of the Northeast
Quarter, distant 1089.37 feet East from the Southwest corner thereof; thence North to a
point on the North line of sold Southwest Quarter of the Northeast Quarter, distant' ., '.
1086.69 feet East from the Northwest corner thereof; thence West along said North Iine
200.02 feet to the actual point of beginning of the land to be described; thence South
along a [[no
parallel with the first above described line 440.94 feet; thence West parallel
with the South line of said Southwest Quarter of the Northeast Quarter to its intersection
with the West line of the East half of said Southwest Quarter of the Northeast Quarter:
thence North along said West line to the Northwest corner of said East half of the
Southwest Quarter of the Northeast Quarter; thence East elong the North Iine of sold
Southwest Quarter of the Northeast Quarter to the point of beginning.
Page 8 of 9
Exhibit B ^
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CITY of ORONO
G
RESOLUTION OF THE CITY COUNCI L
��kE88O�� NO.
A RESOLUTION GRANTING A TEMPORARY AMENDMENT
TO CERTAIN CONDITIONS OF RESOLUTION NO. 4727
FILE NO.01-2711
WHEREAS,Western Steel Erection,Inc.,(hereinafter"the applicants")and
Ace Properties, are owners (hereinafter "the owners") of the property located at 2687
Wayzata Boulevard within the City of Orono(hereinafter"the City")and legally described
as follows:
Attached Exhibit A, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS,the City Council on November 26,2001 adopted Resolution No.
4727 granting to the applicants a conditional use permit per Municipal Zoning Code Section
10.50, Subdivision 3 to permit outside storage on the southeast corner of the property and
for a commercial/industrial site plan approval; and
WHEREAS,Resolution No. 4727 contains Conditions of Approval which
limit outside storage to the southeast corner of the property, and limited the vehicles that
could be stored outside to 6 trailers,2 trucks,2 cranes,and 1 boom truck,requiring that the
remainder of company vehicles and equipment would be stored within the building on the
property; and
WHEREAS,the Orono Building Official and Fire Marshal have ordered that
storage of company vehicles containing oxy-acetylene tanks shall not be allowed within the
building on the site until such time that the building is provided with a fire suppression
sprinkler system; and
WHEREAS, the City Council finds that the continued storage within the
building of said company vehicles containing oxy-acetylene tanks constitutes a potential fire
and safety hazard until such time that the building is provided with a fire suppression
sprinkler system;and
WHEREAS,the applicants have requested permission to temporarily store
company vehicles containing oxy-acetylene tanks outside the building until such time
that the fire suppression sprinkler system can be installed;and
Page 1 of 6
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CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCI L
` EBi30� NO. 4892
WHEREAS,the applicants have agreed to provide a site plan indicating the
proposed location for temporary storage of said company vehicles;said plan will be attached
to this Resolution as Exhibit B upon approval by City staff; and
WHEREAS, the applicants have indicated the estimated time frame for
installation of the fire suppression sprinkler system is 60-90 days.
NOW,THEREFORE,BE TT RESOLVED thatthe City Council ofthe City
of Orono hereby grants permission to the applicants to store " company vehicles
containing oxy-acetylene tanks outside on the property subject to the following terms and
conditions:
1. Storage of said vehicles shall occur only in the locations shown on Exhibit B.
2. Such outside storage shall be allowed beginning on the date of this Resolution and
ending either on March 1, 2003, or on such date that the Orono Fire Marshal and
Building Official certify that the fire suppression sprinkler system is operational,
whichever comes first, after which date the conditions of Resolution No. 4727
relative to outside storage shall again take effect.
3. 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.
4. The undersigned applicants have read,understood 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 Orono,Minnesota at a regular meeting held this 25th
day of November,2002.
ATTEST:
&44_�
Linda S Vee, City Cie k Barbara A. Peterson, Mayor
=Applic J--" Rroperty Own (s)
Page 2 of 6
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CITY of ORONO
A
G
RESOLUTION OF THE CITY COUNCIL
NO, 4892
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 25th day of
November,2002 by Barbara A. Peterson,Mayor of the City of Orono,a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Not Public
UVALISSAA.%NINMERNHENAY PUBLIC-MINNESOTA
STATE OF MINNESOTACOUNTY OF HENNEPIN
e foregoing instrument was acknowledged before me on this day of
R&:�ir,'1002 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.
oc
Y RACHEL DODGE
pn—� q—,
NOTNotary Public
NOTARY PUBLIC•MINNWOTA
My CoeM"On Fxphu Jan.31,2005
Page 3 of 6
0 0
CITY of ORONO
G
RESOLUTION OF TH.E CITY COUNCIL
NO. 4 8 9-P.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of— viwk l ,2003,_GC; C. A
personally appeared before me,
who is personally known to me
__V _ whose identity I proved on the basis of MPJ �}�-
whose identity I proved on the oath/affirmation of , a credible
witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed
the same as hisct and deed.
RACHEL DODGE
�' �'�'• Np{ARIIPUBUO-Mj.u4 0TA
�:�pm Jan.3S,20Q5 !�
, c� U '�Xeq
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of ,20_,
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of , a credible
witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed
the same as his/her/their free act and deed.
Notary Public
Page 4 of 6
Exhibit A
_ 48, 92,
LEGAL DESCRIPTION OF PREMISES:
That part of the Southwest Quarter of the Northeast Quarter of Section 33, Township
118 North, Range 23 West of the 5th Principal Meridian, described as follows:
'Corrrnencing at a point on the South line-of sold Southwest Quarter of the Northeast
Quarter, distant 1089.37 feet East from the Southwest corner thereof; thence North {o, a
point on the North line of said Southwest Quarter of the Northeast Quarter, distant' ...
1086.69 feet East from the,Northwest corner thereof; thence West along sold North line
200.02 feet to the actual point of beginning of the land to be described; thence South
along a Ilne parallei with the first above described line 440.94 feet; thence West parallel
with the South line of said Southwest Quarter of the Northeast Quarter to its intersection
with the West line of the East half of said Southwest Quarter of the Northeast Quarter;
thence North along said West line to the Northwest corner of said East half of the
Southwest Quarter of the Northeast Quarter; thence East along the North Ilne of said
Southweat •Quarter of the Northeast Quarter to the point of beginning.
n _ n „c n