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Home My WebLink AboutRes # 3267 s f t O CITY of ORONO RESOLUTION OF THE CITY COUNCIL i �9k�ESII0 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE #1795 WHEREAS, LuAnn Walters of Open Arms Day School, (hereinafter "the applicant") has applied to the City for a day care at the property owned by Clifford L. Offen f Orono (hereinafter "City") and legally located at 3800 Wayzata Boulevard within the City o (h ty ) g y described as: Those parts of Lots 11, 12, and 13, "MINNETONKA GARDEN ACRES", according to the recorded plat thereof, lying southerly of the centerline of Hennepin County State Aid Highway No. 6 Plat 5, as delineated in Book 70, Page 3844152 of Hennepin County Records. Also the north 1/2 of adjoining old County Road No. 6 now vacated, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono per Section 10.28, Subdivision 3(A) for a conditional use permit to permit a day care use consisting of child care services for pre-school and school age children. The conditional use shall limit total users of facility to 70. The conditional use permit shall limit the number of students to be enrolled at 60 and employees of day care at 10. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1795. 2. The property is located in the RR-1B Rural Residential Zoning District requiring 2 acres in area. The property consists of 1.64 acres. Page 1 of 8 Fm 5005 Disk Omro O� O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ESH 3. On January 19, 1993, the Orono Planning Commission reviewed the application as proposed and recommended unanimous approval based on the following findings: A) The property located outside of the shoreland overlay district and not subject to hardcover controls contains 15,055 s.f. or 21% hardcover. B) The proposed use will have no impact on adjacent residential properties based on the higher elevations to the east. 4. On February 8, 1993 and March 22, 1993 the Orono City Council reviewed the application as amended per site plan attached to this resolution as page 7 and recommended unanimous approval based on the following findings: Findings related to safety issue: A) The outdoor play area adjacent to Highway 12 has been realigned to meet street setback of day care facility. An additional 1,800 s.f. of fenced outdoor play area has been provided to the east in the higher elevations. B) The steep earthen bank to east side of play area provides a natural physical barrier for cars driving west on Highway 12. C) The applicant shall install a 6' high cedar post privacy fence along south and east side of outdoor play area. The fencing shall be installed with underground supports every 8' and 6'+ Colorado Spruce trees shall be planted adjacent to fencing along Highway 12 right-of-way. D) Cyclone fencing to rear of outdoor play area shall be provided with an exit door/gate for emergency use. E) The Minnesota Department of Transportation shall be asked to review the area to determine if guard rails can be installed adjacent to day care structure outdoor play area and parking area. Page 2 of 8 Fina 5005 Dist Wm O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL y e ESH� F) The speed limit at the entrance/exist of the facility is 20 miles per hour. The recommended speed for the curve to the east shall be reduced to 45 miles per hour. Findings related to recommended level of student/teacher use: A) A sprinkler system shall be installed. B) The existing septic system can serve up to 38 students/teachers now that food preparation has been eliminated from program. C) Increases in student/teacher enrollment shall be restricted and dependent on state licensing requirements and future septic capabilities. 5. The City Council finds that granting a conditional use permit to allow a day care use at this property will not be detrimental to the health, safety or general welfare of the public, would 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. 6. 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 grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3(A) to permit a day care use at the existing structure located at 3800 Wayzata Boulevard for the Open Arms Day School facility, subject to the following conditions: 1. At the time both student and instructor use exceeds 29 an approved sprinkler system must be installed. A new well to be installed at the time of the installation of the sprinkler system must be placed to the west side of property in order to Page 3 of 8 F"soon ask Omw O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ' ,� •�� 'tib ,_, G �9kESH0 preserve future drainfield sites to the east. i 2. A new auxiliary septic system must be installed at the time the day care student- instructor use exceeds 38. A meter shall be installed to meter all effluent entering septic systems. 3. Upon application for a building permit, applicant must provide confirmation that State licensing requirements have been met and that a license is pending. 4. All construction shall be subject to the standards of the State Fire Code and Uniform Building Code. All plans submitted with the building permit application must be drawn by a licensed architect. 5. The State Fire Marshall shall approve plans to insure fire extinguisher, exiting signs, alarm systems and fire drill procedures meet the necessary guidelines. 6. Curb cut to property shall be installed per Engineer's sketch attached to this resolution as page 8 of this resolution. 7. Applicant/owner shall provide an executed Developer's Agreement and Letter of Credit to insure all required improvements are installed to City's satisfaction. 8. Authorities granted by this resolution run with the property not with the applicant and are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (April 12, 1994). 9. 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. 10. The undersigned applicant and authorized agent of Open Arms Child Care and owner of the property 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. Page 4 of 8 F�5005 0 A 0� CITY of ORONO O � O RESOLUTION OF THE CITY COUNCIL NO. 1. ESH Adopted by the Orono City Council on this 12th day of April, 1993. A EST: 14r Dorothy . H ilin, City Clerk Edward J. Cal an, Jr., Mayo Pro w er(s) Authorized Agent of Open Arms Day School STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of April, 1993, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROL=HASEMAN Notary Public iNH N`.._.. •Cou"L My Commission Expires Page 5 of 8 fam 5005 Dist Dmm, C ITY of ORONO m� RESOLUTION OF THE CITY COUNCIL ti �It'sx j og�G ESTI STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �� ` day of , 199.3 before me a Notary Public within and for said county,persona y appeared known to me to be the son(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. M JAMIE!~BOSMA NP T Y PUBLIC NOTARY PUB51 INNEXTq s•,..� ' HE mly COUNTY Comm•FDI►s 12-19-97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /off, day of , 199,: before me a Notary Public within and for said county,personAly appeared ` � at,,-9, known to me to be the persons) described in and wh xecuted C4he f e oing ins ent, and acknowledged that he (they) executed the same as his (their) free act and deed. E. 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