The URL can be used to link to this page

Home My WebLink AboutResolution 7070 1 11111 1111 UI I II RI IN I II Doc No 705688542 Certified, filed and/or recorded on Feb 25, 2020 9:04 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 102 Pkg ID 1950983E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1498978 C This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ye G NO. 7070 ,-'kES HO A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-644 & 78-916 FILE NO.LA19-000098 WHEREAS, on November 24, 2019, Joe Hahs, owner of Evergreen Construction, (herein after the "Applicant"), applied for a conditional use permit pursuant to the City Code for the property addressed 2385 Shadywood Road and legally described as: That part of Lot 5, Block 3, Townsite Of Langdon Park described as beginning at a point on the West line of said Lot 5 distant 105.5 feet North from the Southwest corner of said Lot 5; thence North along said West line a distance of 77.20 feet; thence North 74 degrees 24 minutes East(assuming said West line as bearing North) a distance 202.4 feet, more or less,to the Southwesterly right-of-way line of County Road Number 19;thence Southeasterly along said Southwesterly right-of-way line, a distance of 75 feet more or less to an intersection with a line bearing North 74 degrees 24 minutes East from the point of beginning; thence South 74 degrees 24 minutes West a distance of 230.63 feet, more or less, to the point of beginning, except that part thereof embraced within the South 149.5 feet of the West 119.5 feet of said Lot 5, and except that part of said Lot 5 lying North of the South 149.5 feet of said Lot 5 and Westerly of a line bearing North 21 degrees 31 minutes West drawn from the Northeast corner of the South 149.5 feet of the West 119.5 feet of said Lot 5, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit ("CUP") pursuant to Orono Municipal Zoning Code Sections 78-644 and 78-916 in order to allow an office use of the Property; and WHEREAS, on January 21, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 21, 2020, the Planning Commission recommended approval of the CUP for office use; and WHEREAS, on February 10, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 BLOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 0 7 0 G -kESHO NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP for office use as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000098. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the B-1 Retail Sales Business District. 3. The Property contains 7,625 square feet in area. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following CUP: a. Conditional Use Permit for Office Use 6. In considering this application for CUP for office use, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CUP ANALYSIS: On the basis of the application and the evidence submitted, the City finds that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 3. Adequately served by police, fire, roads, and stormwater management; This criterion is met. 2 -si _O.ATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G4' NO. 7 0 7 0 t4kEsHov-t 4. Provided with an adequate water supply and sewage disposal system; This criterion is met. 5. Not expected to generate excessive demand for public services at public cost; This criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is met. 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This criterion is met. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; This criterion is met. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; This criterion is met. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; This criterion is met. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y 7 4' NO. 7 0 1 0 tICESHO 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; This criterion is met. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and 15. Not detrimental to the public health, public safety, or general welfare. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-916 to allow an office use of the Property, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved office use shall conform to the zoning code. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, and are permissive only. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 10th day of February, 2020. ATTEST: CITY OF ORONO: arX1-151(— a/. , Anna Carlson, City Clerk Dennis Walsh, Mayor 4