HomeMy WebLinkAboutRequest for council action 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
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 IT RESOLVED that the City Council of the 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, 2002, 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:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Page 2 of 6
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.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 25th day of
November, 2002 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.
Notary Public
Page 3 of 6
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
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