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Home My WebLink AboutRes 7176 • 1111111 III I M III I II LAND TYPE Torrens (T) DOC NUM 5817048 Certified, filed and/or recorded on Mar 24, 2021 9:31 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 155 Pkg ID 2202627E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1518894 This cover sheet is now a permanent part of the recorded document. -y,DAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 71 76 G l4kESHO A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FROM MUNICIPAL ZONING CODE SECTION 78-644 FILE NO. LA21-000013 WHEREAS, on January 20, 2021, Bob Johnson o/b/o Children's Workshop ("Applicants"), applied for a variance from the City Code for the property addressed 2190 Wayzata Blvd and legally described as: Block 1 Lot 1 Sugar Woods 2"d Addition (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit to Orono Municipal Zoning Code Section 78-644 to allow a day nursery in the B-1 Zoning District; and WHEREAS, on February 16, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 February 16, 2021, the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on March 8, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit 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 #LA21-000013. 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 Zoning District. t BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� NO. 71 76 l"IkEsH0-t 3. The Property contains 0.94 acres in area and has a defined lot width of 146 feet. 4. The Property is exempt from the Stormwater Quality Overlay District. 5. Applicant has applied for the following Conditional Use Permit: a. Conditional Use Permit for a day nursery 6. The Orono City Council requires certain standards for Day Nurseries; these standards are met. 7. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed application 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. ANALYSIS: 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. 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 building is currently vacant. It directly abuts a greenhouse with outdoor storage to the west and a gas station to the east. The property is surrounded by commercial uses in the area including service and retail uses, another daycare and senior living located in the same corridor. There is a residential development to the north of the parcel. 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; 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. 7 -0pATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL F L NO. 7 1 7 '" l"1 Es HO 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; The applicant is proposing a 72" tall perimeter fence along the rear of the of the property. 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. 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 conditional use permit pursuant to Orono Municipal Zoning Code Section 78-644 to allow a day nursery subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 3. The conditional use permit granted by this resolution runs with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a commencing day nursery operations within one year of the date of Council approval, or the conditional use permit will expire on that date (March 8, 2022). 4. All MCWD must be met before a building permit can be issued 3 \ °A/p CITY OF ORONO RESOLUTION OFTHECIITY COUNCIL • y� NO. + 1 J 6 L e"IkES H O�`" 5. Additionally, the conditional use permit shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. 6. 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 8th day of March, 2021. ATTE / CITY OF ORONO: II R-9-3:-/C21:7)-1 ' Anna Carlson, City Clerk Dennis Walsh, Mayor 4 • MIMMILWAM moo dInpaAyaiosf4'Now:gam ff t " F1. a woo'ain{oat!Volos1q suoy:Ilow3 HE j§° !, IZ/OZ/1 006Z90PZt91 9S£SSNW'aHel6uo1 Blit $ i V CD, NOI1Of181SNOO 2101 ION £t455 opsauulw•sgodoauulw PAIS eleateM O62 "e 5 �--O W IN\ NIWIi Nd SO£B'3NanuanyAisva'u(140£t g& YD F aU� 3Nf11D31IFIDNV SIH / doyslioM suaJPl!4o Iffidi 1. 1 I4 0 i 11 8 I- CC W a uJ QJ Z 0 F D z 0 U i I x i3 6 Ix x P ! i 1 II.: iii Ihg ih 1 1 ; 41 il i ! 1 1 h 11! i r-- 1 ' / i /I 1011111F 1- Ir 3 IA 0 3 w iZ i s� '4g >v h g a S m Lige , -- -- - - , —7 o 20 " �k.i! / �� 9 m8 / % ¢ --- - -- - -- --- --i ti in ',2 cc o r-q o MiW s S< ¢- �i A 8 w'' NEI 10 101 MVO. 1.1100'a:n;0apyalosig Now:gem " 5iy 2 tft€ w00'ainp9p.0iosfyssuoy:liow3 94@iig° 11 NOIl�(1?1I Z/O� I ION 006[90P Z19:1 gg6gc NA'a>le16uo-i k ig6t ii s EIbSSofosauult^t'sgod0auu!w 'pnigelezdeM061Z bail2 G L __ O� A2IVNIWIl3?Jd SO£r'3N ar;any LIsia,,u,O bO£f 189it F Q('13' 32Jf11D31111D21V SIH b doys)poM s,uaJPll43 J1'0111111'1 118 1— Li.,w a Lii LU J Q Z 0 iio£ y ii o U r. � I � 1WEW ISI O a z I I_I �=' ' moII ,3.nuw3aa g r 4 Z N og� o u3Rllro,si6 .. n " .........0^ r,.wie _-stirs ......_._. _ oLtS § I—. 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O w< .121 V N I W l l]el d coo H anuli V,cl.vr!un 60£I Olio H Ya G �I 8� 321f11D3111-fD21V S11-I / 0 doys>IIoM s,ua�Pl!4� 1 "11 L J i 1 e Q w I— M CCw w a w M -J Q Z 0 1— D Z 0 0 ii 5 E E E 11 1 : I ,. ! 11 11 1 g 1 111 i le g ° 'i.E1 I g j I-)7. a h1 I 6 I § k 1 -- ; J at ig II' ik 1 ill 11 ° ION III I' .. 11111 - 0 F EFINIS MI w 111 r� a " a re �¢ o .s� =v i I Z°C!i x11 !1 C 9 II Y; Li JI I I STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing Declaration of Restrictive Covenant adopted at the meeting of the Orono City Council on March 8, 2021 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 18th day of March, 2021. / aZs • a Carlson, City Clerk (seal) o / yg yF_,