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o, CITY of ORONO
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� ,,,,,,��'� �C.,'� RESOLUTION OF THE CITY COUNCIL
�SH04 NO. 4 4 7 6
A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL
ZONING CODE SECTIONS 10.56 SUBDIVISION 16(L),
CONDITIONAL USE PERMITS PER SECTION 10.03,SUBDIVISIONS
19-21, AND APPROVING THE ISSUANCE OF A BUILDING PERMIT
TO WALFRED PROPERTIES FOR THE PROPERTY
LOCATED AT 2380 SHADYWOOD ROAD
PER MUNICIPAL ZONING CODE `
SECTION 10.44, SUBDIVISION 2
FILE NO. 2567
WHEREAS, Walfred Properties (hereinafter the "applicant") is owner of the
property located at 2380 Shadywood Road located within the City of Orono (hereinafter the
"City") and legally described as follows:
Lots 19, 20, 21 and 22, Wiley's Navarre Addition, Lake Minnetonka; and
that part of Lot 5, Block 3, Townsite of Langdon Park, described as
follows:
Beginning at the Northeasterly corner of said Lot 5; thence Northwesterly
along the Northerly line of said Lot 5 to the Northeasterly line of the
public highway running across said Lot 5 and known as Minnetonka Lake
Park and Maple Plain Road (now County Road No. 19); thence Southeasterly
along the Northeasterly line of said road to the Easterly line of Lot 5; thence
Northerly along the Easterly line of said Lot 5 to the point of beginning.
Hennepin County, Minnesota (hereinafter the "property"); and
WHEREAS, the applicants have applied to the City for a building permit per
Municipal Zoning Code Section 10.44, Subd. 2 to permit the commercial development of the
property that includes the approval of the following variances:
TRANSFER ENTER O '
HENNEP'N COUNTY TAXPAYER SERVICES
APR 0 2 2001
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'_=^�: tit�, _ CITY of ORONO
Ll RESOLUTION OF THE CITY COUNCIL
S� NO. 447 6
1. Section 10.56, Subd. 16 (L) - Hardcover variance:
A. 500-1000' (North portion of property):
Zone area = 36,150 s.f. ±
Proposed Hardcover = s.f. ± = %
Allowed Hardcover = 35% = 12,650 s.f. +
B. 500-1000' (South portion of property):
Zone area = 10,100 s.f. ±
Proposed Hardcover = s.f. ± = %
Allowed Hardcover = 35 % = 3,535 s.f. +
WHEREAS, the Orono Planning Commission reviewed this application at a
public hearing held on March 20, 2000 and recommended approval by a vote of 3 to 2 of
the development plans per the commercial site plan, building elevations, and landscape plan
prepared by Paramount Engineering & Design; and
WHEREAS, the City Council on April 10, 2000 reviewed the
recommendations of the staff, Planning Commission, Park Commission and City Engineer
and voted unanimously to return the site plan review to the Planning Commission for
further study; and
WHEREAS, the Planning Commission reviewed the revised application on
April 17, 2000 and recommended unanimous approval of the revised site plans subject to
the applicants revise the pedestrian access to the property and landscaping plan to permit a
trail to connection between Olive Avenue and Shadywood Road and eliminate the trail that
was proposed along the east boundary; and
WHEREAS, the Orono City Council makes the following findings in regard
to this application:
FINDINGS
1. This application was reviewed as Zoning File #2567.
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2. The property is located in the B-5 Limited Neighborhood Business District
requiring 20,000 s.f. in area. The property consists of 85,000 s.f.
3. The development plans include an 11,900 s.f. one-story retail building
proposed for a Snyder's Drugstore. The total floor area that can be utilized
for retail space is 9,000 s.f. based cn_ the parking requirements.
4. "Drug Stores" are not a permitted or conditional use in the B-5 zoning `
district. The applicants have requested an amendment to the B-5 district that
would permit or conditionally permit drug stores.
5. Per Section 10.61, Subd. 10, required off-street parking is approved as
follows:
Retail = 1 stall per each 150 s.f. of net floor area
9,000 s.f. net floor area - 150 s.f. = 60 spaces
6. The stormwater retention pond located at the rear of the property will be
expanded to accommodate surface•runoff from this site. All surface runoff will
be directed via underground storm sewers to this stormwater retention area
before discharging to the designated wetland to the southeast of the property.
7. Applicant's development of the proposed site plan is dependent upon
completion of the vacation of a portion of Navarre Lane as originally agreed
to by the City.
8. A trail connection is required to connect Olive Avenue to Shadywood Road
around the north side of the property and as shown on the site plan dated
June 1, 2000, by Tom Reinen, Reinen Architects.
9. The property abuts the LR-1C Single Family Lakeshore Residential Zoning
District to the north and east. Adjacent and nearby property owners were
legally notified of the public hearing for this project and were given
opportunity to speak at that hearing.
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CITY of ORONO
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10. The site is requires significant filling and grading to accommodate the
proposed improvements. The proposed site grading plans have been reviewed
by staff, the City Engineer, the Planning Commission, Park Commission and
the City Council and have been found to be generally appropriate for
developmentof this site, subject to adjustments to be made via a final grading
plan which will have to be approved by the City prior to issuance of a
building permit.
11. Structural coverage on the site is proposed at 14%, meeting the 15% limitation
on lot coverage by structures.
12. The property has a unique shape and is a 'through' lot, abutting Olive Avenue
to the rear and Shadywood Road (County Road 19) on the front. The
orientation of the building is toward Shadywood Road, minimizing any
commercial appearance or activity as viewed from Olive Avenue, except the
drive through lane is on the north side of the building. Landscaping and
buffering is required to fully screen the drive through and any loading areas
on this portion of the property.
13. The proposed hardcover variance is mitigated by the fact that all surface
runoff from the site will be directed to a stormwater retention (NURP) pond
designed to enhance the quality of runoff waters prior to their discharge from
the site. The magnitude of hardcover variance is further justified by the fact
that less than 1 percent of the City's shoreland areas are devoted to
commercial uses, hence the overall impact of the excess hardcover created by
commercial uses is relatively minor, especially when such impacts are
mitigated by stormwater treatment facilities. Further, the parking requirements
do not make it possible to develop commercial properties that would not
exceed the allowed hardcover in most shoreland areas.
14. The proposed site plan, landscape plan and building design incorporate features
and elements which make this development appropriate for the B-5 District,
especially in relation to its adjacency to an existing residential neighborhood.
Such features and elements include orientation of the building toward
Shadywood Road with no vehicular access to the site from Olive Avenue or
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Navarre Lane, eliminating neighborhood traffic concerns; sufficient setback and
vegetative buffering along the Olive Avenue boundary and the northerly
boundary of the site; creation of a pedestrian pathway through the site to
allow the neighborhood easy access to the commercial areas in Navarre.
15. The Council finds that the brick facade proposd is acceptable per Zoning
Code Section 10.45 Subdivision 6G(le).
16. The signage on the property is limited to 381 s.f. based on the total lineal
frontage on Shadywood Road. The building plans submitted indicate the
proposed signage meets the requirements of Section 10.61.
17. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variances and conditional use
permits on the health, safety and welfare of the community.
18. The Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that.
granting the requested variances would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to neighboring properties,
would not merely serve as a convenience to the applicant, but is necessary to
alleviate a demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicant; and would be in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the City.
19. The City Council finds that granting a conditional use permit for land
alteration and allowing a drug store as a conditional use 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 property, 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.
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`St\ I �;^IM t,� RESOLUTION OF THE CITY COUNCIL
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NO. 4 4
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby approves the commercial site plan, building elevations and landscape plan
referenced above and approves the variances as requested based on the unique findings and
hardships noted in this resolution a conditional use permit for grading; a conditional use
permit for a drug store; and approves the City's issuing a building permit for the proposed
Snyder's Drug Store (for the site plan attached as Exhibit A) to Walfred Properties subject
to the following conditions:
1. Upon application for a building permit, applicant shall provide the following
information for the review and approval by the City Engineer and Department
of Public Works:
A. Plans and specifications for service line connections around the
proposed NURP pond. As-built plans shall be provided to the City
upon completion. The Public Works Department shall review any
potential problems associated with additional cover placed over existing
water or sewer mains, especially in conjunction with the vacated .,
portions of Navarre Lane. All utility improvements shall be reviewed
and approved by Public Works and the City Engineer.
B. Final grading, drainage and erosion control plan showing existing and
proposed contours, building locations, elevations, stormwater pond,
utilities and erosion control measures to be used during construction.
A building permit cannot be issued until the Minnehaha Creek
Watershed District has approved the stormwater plans.
C. Engineering details and design must be provided for the proposed
retaining walls.
2. The City Council shall vacate the portions of Navarre Lane to provide utility,
parking and storm water treatment space on the property. Prior to any
building permits being approved the applicant shall provide easements
acceptable to the City Attorney for use of the east 33' of Navarre Lane that
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Ii04 NO. 7�S
would be vacated in favor of the Lafayette Ridge Homeowners Association.
Easements shall permit utilities and drainage over the entire width of the right
of way.
3. The sidewalk connection to Olive Avenue as shown on the approved site plan
shall be constructed and maintained permanently by applicant/property owner
to provide pedestrian access through the site between Shadywood Road and
Olive Avenue. Applicant shall grant a 12' wide trail easement to connect
Olive Avenue and Shadywood Road as shown on the approved site plan.
It is the intent of the City that although the City is being granted such
easements, the walkway within applicant's property shall be maintained by the
property owner, not the City. All upkeep, maintenance and snow removal
activity shall be the responsibility of the property owner.
4. The parking lot shall be paved with concrete curb and gutter, driving lanes
within parking lot shall have a 9-ton pavement section for trucks. A
geotechnical evaluation of the soil shall be done in conjunction with the
pavement design and shall be submitted to the City Engineer for approval.
5. Applicants' architect shall submit final development plans to the Metro Council
Environmental Services to determine the exact number of SAC units to be
charged at the time of the issuance of a building permit. The City will also
determine if additional Sewer and Water Unit Adjustment Charges and system
upgrade connection charges will be required for the new development, to be
paid by applicant prior to issuance of the building permit.
6. Appropriate traffic and parking signage shall be installed subject to the Orono
staff and City Engineer's review.
7. The landscape areas as shown on the above referenced site plan shall consist
of grass wherever feasible and shall adhere to the above referenced Revised
Landscape Plan dated June 1, 2000 in regards to planting species, sizes and
locations.
8. Site frontage for commercial signage calculation will be limited to the frontage
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%:....4. t,.. i._ CITY of ORONO
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. 4�; I�� �. RESOLUTION OF THE CITY COUNCIL
��9kE i•i& NO. 4 R . 1'
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along Shadywood Road, being 381 feet in length. Signage for this site shall
be regulated by the provisions of Zoning Code Section 10.61, Subd. 1, Subd.
3(A) and Subd. 3(D). No commercial signage will be allowed along the
facade of the building facing Olive Avenue except as minimally needed to
identify service entrances to buildings, and as needed for the drug store drive
thru. The sign plan provided with the final plan set completed by Tom
Reinen, Reinen Architects dated June 1, 2000 is approved. Any changes to
the sign plan for the property may require additional review.
9. Final lighting plan shall be subject to City staff approval and shall locate
lighting so as to direct lights away from the adjacent residential neighborhood.
10. No future business shall have a public entrance through the rear (Olive
Avenue side) of the building.
11. No formal approval for shared parking agreements between this property and
adjacent commercial properties has been approved for this site.
12. Erosion control shall adhere to "Best Management Practices for Protecting.,
Water Quality in Urban Areas". All erosion controls as required by the City
shall be in place prior to commencing excavation on the site. The stormwater
pond construction shall be substantially completed and functional prior to
construction of building footings.
13. The City Engineer shall complete a estimate of improvement costs, including
but not limited to landscaping, grading, erosion control, utilities, pavement,
trails, retaining walls and pond/outlet control structure construction and the
applicant shall submit to the City a financial guarantee of 150% of the
improvement costs subject to a Developer's Agreement being executed by the
developer and City of Orono.
14. Prior to issuance of a building permit, applicant shall provide suitable evidence
of property ownership acceptable to the City Attorney.
15. Drainage and Utility Easements shall be granted to the City of Orono 10'
along all exterior property lines and 5' along the interior property line.
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1 ;�I� �C,'� RESOLUTION OF THE CITY COUNCIL
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16. Authorities granted by this resolution run with the property not with the
owners, but are permissive only and must be exercised by obtaining a building
permit within one year of the date of Council's approval, or the special
conditions of this resolution will expire on that date (June 12, 2001).
17. 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.
18. 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 Orono City Council on this 12th day of June, 2000.
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X... ATTEST:; 7-'-
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G ]� ha C� k
-r-Linda,5_
` ,e, City Clerk Gabri 1 Jabbour, Mayor
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Property Owner(s
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Property Owner(s)
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NO. 4 4 `
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
June, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of
the City.
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M�camnrs,sor,PUeuc sarA ti Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 1 4-11 day of +fl (n.b e Q , 20 o 'o before me a Notary
Public within and ,,for said county, personally appeared
W a I-t-e i w. K I u S, G e o e a Q t - q:z+n e ,P known to me to be the person(s) described
or LA) AL ria PaA�, ) fps 1.Lr P ( )
in and who executed the foregoing instrument, and acknowledged that he(they) executed the
same as his (their) free act and deed.
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of , 20__ before me a Notary
Public within and for said county, personally appeared
known to me to be the person(s) described
in and who executed the foregoing instrument, andacknowledged that he(they) executed the
same as his (their) free act and deed.
NOTARY PUBLIC
•
Page 11 of 12
. Exhibit A
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HINSHAW & CULBERTSON
APPLETON,WISCONSIN PIPER'AFFRAY TOWER
BELLEVI.LE,ILLINOIS SUITE 3100 MILWAUKEE,WISCONSIN
BROOKFIELD,WISCONSIN 222 SOUTH NINTH STREET MUNSTER,INDIANA
CHAMPAIGN,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 PEORIA,ILLINOIS
CHICAGO,ILLINOIS PHOENIX ARIZONA
CRYSTAL LAKE,ILLINOIS 612.333.3434 ROCKFORD,ILLINOIS
FT.LAUDERDALE,FLORIDA ST.LOUIS,MISSOURI
JACKSONVILLE,FLORIDA SAN FRANCISCO,CALIFORNIA
JOLIET,ILLINOIS SPRINGFIELD,ILLINOIS
LISLE,ILLINOIS TELEFAX:612.334.8888 TAMPA,FLORIDA
MIAMI,FLORIDA WAUKEGAN,ILLINOIS
May 30, 2001
WRITER'S DIRECT DIAL NO.
FILE NO.
612-334-2692 752031
Ms. Rachel Dodge
Deputy Clerk
7-'
City of Orono •
P.O. Box 66
Orono, MN 55323 - 0066 CI i
Re: Resolutions
Dear Ms. Dodge:
Enclosed please find the original recorded Resolutions, which were recorded in the office of the
Hennepin County Recorder/Registrar of Titles:
1. Resolution No. 4433, File No. 2562, filed April 2, 2001 (abstract);
2. Resolution No. 4475, File No. 2567, filed April 2, 2001 (abstract);
3. Resolution No. 4476, File No. 2567, filed April 2, 2001 (abstract);
4. Resolution No. 4550, File No. 2624, filed March 2, 2001 (torrens);
5. Resolution No. 4580, File No. 2625, filed April 2, 2001 (abstract); and
6. Resolution No. 4584, File No. 2635,.filed April 2, 2001 (abstract).
If you have any questions, please give me a call.
Very truly yours,
Todd W. Wilson
TWW/mah
Enclosures
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