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Home My WebLink AboutRes 4727 (2) O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL `t�Es110 NO. 4727 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT 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. Page 1 of 9 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kEsx0 NO. 4727 4. The Planning Commission made the following findings of fact: A. Western Steel Erection, Inc. has leased the 16,200 s.f. 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 projects. They are a permitted use in the Industrial District. B. The conditional use permit for outside storage includes the use of only the southeast corner 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 a minimum 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. Page 2 of 9 O O CITY of ORONO " A G~ RESOLUTION OF THE CITY COUNCIL �9kESH j NO. 4727 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 Page 3 of 9 O _ O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �`9�fEg0 NO. 2 7 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 corner 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 of materials 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 Q 0 O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESIi04� NO. _ 4 7 27 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of November, 2001. ATTEST: (, Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Pro rty e Applic is STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day ofNovember,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-NANNESOTA My Commission Expires Jan.31,2005 otary Pu lic �J STATE OF MINNESOTA COUNTY OF HENNEPIN / The foregoing instrument was acknowledged before me on this 3G day of 2001_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 M.LESKINEN NOTARY PU1=-MW4WA IV Ca--kdon Exom Jin 31.X005 Notary Public Page 5 of 9 O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �S o NO. --- 4727 STATE OF MINNESOTA COUNTY OF HENNEPIN On this 4-4h-day of anPYY br- ,290L, LQ.u3(-enm T - Pa I aA, oU=YX1.1 personally appeared before me, who is personally known to me whose identity I proved on the basis of_ M11 nL- 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 RACHEL DODGE NOTARY PUBLIC-MANNVOTA cwffftsion ja"'31 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this 5- day of '�)t eA466X 920_!2L, _ FPK/�,ylE jcA u .?GCNi"s personally appeared before me, v\1FS-r0JZN S-rEU-(- who is personally known to me r/ whose identity I proved on the basis of MAJ 'D 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 -;y1SE M.LESKINEN NOTARY P(� �- SOTA �n EW Jan 31,2005 Page 6 of 9 0 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �S0 No. 4 7 2 7 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 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: Connnencing at a point on the South line-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 said Southwest Quarter of the Northeast Quarter. distant 1086.69 feet East from the Northwest corner thereof; thence West along said North line 200.02 feet to the actual point of beginning of the land to be described; thence South along a line 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 along the North line of said Southwest Quarter of the Northeast Quarter to the point of beginning. 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