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HomeMy WebLinkAboutResolution 7366 LAND TYPE Torrens (T) DOC NUM 6013842 Certified, filed and/or recorded on May 18, 2023 12:02 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 102 Pkg ID 2564966E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1513134 This cover sheet is now a permanent part of the recorded document. OQ CITY NO.OF ORONO7366 RESOLUTION OF THE CITY COUNCIL 1 4 ES H Ovv-1" A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO SECTION 78-644 FILE NO. LA23-000016 WHEREAS,on March 22,2023,Carolina Cano-Garnica,(hereinafter the"Applicant"), applied for a conditional use permit for the property addressed 2160 Wayzata Blvd.W.and legally described as: The West 200 feet of that part of the East half of the Northwest Quarter of Section 34,Township 118,Range 23 described as commencing at the Northwest corner of said East half of the Northwest Quarter;thence due South(assumed bearing)along the West line of said East Half of the Northwest Quarter a distance of 1311.29 feet;thence South 87 degrees 41 minutes East,545.78 feet to the actual point of beginning;thence North 87 degrees 41 minutes West,200 feet;thence North 2 degrees 19 minutes East, 188.93 feet;thence North 87 degrees 41 minutes West,200 feet;thence South 2 degrees 19 minutes West,334.96 feet to the Northerly right of way line of State Highway No 12;thence South 69 degrees 41 minutes East along said Northerly right of way line 45.94 feet; thence Easterly 364.3 feet along said Northerly right of way line being a tangential curve to the left having a radius of 1587.28 feet to an intersection with a line bearing South 2 degrees 19 minute West from the actual point of beginning;thence North 2 degrees 19 minutes East 232.24 feet to actual point of beginning. The boundary lines thereof are marked by Judicial Landmarks set pursuant to Torrens Case No. 17100. Subject to a snow fence easement in favor of the State of Minnesota on land adjacent to the highway as shown by instrument recorded in Book 1129 of Deeds,page 144,Doc.No. 1428611; Subject to an easement for highway purposes in favor of State of Minnesota over the following described tract:Commencing at the Northwest corner of said East half of the Northwest Quarter run due South(oriented to assume bearing)along the West line of said East Half of the Northwest Quarter a distance of 1275.90 feet;thence South 52 degrees 30 minutes East, 180.11 feet;thence South 2 degrees 19 minutes West,38.99 feet to the center of former State Aid Road No.9 being the point of beginning;thence continue South 2 degrees 19 minutes West 38.62 feet;thence South 69 degrees 41 minutes East,45.94 feet;thence on a tangential curve,concave to the North having a radius of 1587.28 feet(central angle 3 degrees 16 minutes 20 seconds)90.65 feet;thence North 56 degrees 44 minutes West 152.35 feet to the point of beginning; WHEREAS,the Applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-644 in order to open and operate a class II restaurant; and 1 AWN- CITY NO.OF73 ORONO66 RESOLUTION OF THE CITY COUNCIL cd <lkEsHo1``` WHEREAS,on April 17,2023,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 April 17,2023,the Planning Commission recommended approval of the conditional use permit; and WHEREAS,on May 8,2023,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#LA23-000016. 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; class II restaurants are an allowed conditional use in the B-1 District. CONDITIONAL USE PERMIT ANALYSIS: The City Council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the City must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan;A class II restaurant is a conditional use in the B-1 Retail Sales Business District and is consistent with the community management plan. 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;A class II restaurant does not have additional conditions per the code.This criterion is met. 3. Adequately served by police,fire,roads,and stormwater management; The proposed restaurant use will be fully contained within the existing multi-tenant building that is currently 2 �DA CITY OF ORONO RESOLUTIONNO. 7366 OF THE CITY COU0 � NCIL I. �� !•kEs H oF'� adequately served by City services.No exterior or site modifications are proposed.No additional services are required and therefore the criterion is met. 4. Provided with an adequate water supply and sewage disposal system; The applicant will be required to obtain the appropriate building peiniits for the proposed interior remodel. The current multi-tenant building is served by water and sewer and the applicant will be required to make any necessary improvements at the time of building permit. This criterion is met. 5. Not expected to generate excessive demand for public services at public cost; The proposed restaurant use is not expected to generate additional public service demand. 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 proposed restaurant use is compatible with the surrounding area. 2160 Wayzata Boulevard West is a multi-tenant building within the B-1 District with a variety of uses including a gas station,salon,professional offices and more. The proposed restaurant will be the only restaurant in the building and will have varying hours which will be beneficial for the shared parking lot. The future land use plan calls out the area for commercial and office uses. The proposed use of a restaurant is compatible both presently and in the future. 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; Wayzata Boulevard has many restaurant uses, so this is consistent with the character for the greater area. The proposed use is compatible with the goals of the Comprehensive Plan by allowing commercial development within a commercial area served by urban services and not adversely impacting residential properties. 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; There are no proposed site or exterior modifications. The modifications to the interior of the building will not impact the character of the area.Any exterior modifications, such as signage,will fully comply with the code. 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; The proposed improvements will not negatively impact the adjacent properties. There are no exterior modifications proposed as part of the proposed restaurant.Parking and traffic will be adequately served by the shared parking lot and entrance drive The applicant will stripe the additional parking spaces identified in the parking plan in order to meet the parking demands of the business. 3 �O�ir CITY NO.OF73 ORONO66 RESOLUTION OF THE CITY COUNCIL 1IL ate. GN. t'- 'EsHOR"" 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses;No new exterior modifications are proposed at this time. The proposed restaurant use will have their own dumpster that will be placed next to the existing dumpster area on the site. The existing commercial building and parking lot is adequately screened with existing vegetation from the neighboring residential zoning to the north. 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; The proposed use will be completely contained within the existing multi-tenant commercial building. Waste will be properly disposed of within the proposed restaurant's dumpster and the kitchen will be renovated to meet building code. The proposed restaurant use will not generate or create any nuisance or unsightliness that would impact surrounding uses. If the garbage become a nuciance the city council may consider requiring a trash enclosure for the property. 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; The proposed restaurant is approximately 1,700 square feet in size. The parking needs are based on the public space of the restaurant which will be approximately 900 square feet.The square footage of public space requires 11 parking spaces,which the applicant has indicated the business has. The restaurant use will be located within a multi-tenant building with a shared parking lot. The uses in the building do not all operate during the same hours.The restaurant will be at its busiest during the dinner hours which is when the other tenants of the building will be closed. The building space has additional parking spaces to the rear that can be used by employees. Deliveries will be made on the side of the building and should not interfere with parking or traffic. The proposed use will not cause any excessive traffic and the parking needs will be satisfied by the existing shared parking lot.If parking becomes a nuisance the city council may consider requiring additional striping of the existing parking lot. 13. Designed to take into account the natural,scenic,and historic features of the area and to minimize environmental impact; No exterior or site modifications are proposed as part of the new restaurant use. 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;No changes to the exterior lighting of the site is proposed. This criterion is met; and 15. Not detrimental to the public health,public safety,or general welfare. The proposed restaurant use will not be detrimental to the public health, safety or general welfare. The addition of a new restaurant business is positive for the community.This condition is met. 4 liL OO CITY OF ORONONO. 7366 1IL RESOLUTION OF THE CITY COUNCIL, � A. ,e. G, `�kEs H o��" CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings,the Orono City Council hereby grants the following:A conditional use permit pursuant the opening and operation of a class II restaurant per Orono Municipal Zoning Code Section 78-644 subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. 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 Owner,but are permissive only and must be exercised by obtaining a zoning permit for the site work and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval,or the conditional use permit will expire on that date(May 8, 2024). 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. 6. All parking spaces designated for the restaurant use granted by the CUP must be striped prior the final inspection of the building permit. 7. A trash enclosures or additional striping may be required if the site becomes unsightly or a nuisance. ADOPTED by the Orono City Council on this 8th day of May, 2023. ATTEST: CITY OF ORONO: ' I 1411 Ars , Anna Carlson, City Clerk Dennis Walsh,Mayor 5 27' 1i---------34'-6"---------t1 I I lr■;II CABINElS VI z: 23'-6" D GREETING ID I STATION WAITING AREA □□□□□ I EXIT ENTRANCE I -·----32'---- SIZE: A I SCALE: PAGE: 1 OF 1 APPROVED BY: -_ _____._ ORAWN BY: MTS DAlE: 03/19/2023 =fN&����E SPECFlED DESCRIPTION: 1 PLACE DIMS.; =��ES :�.5 TALAVERA Eb�i i:���T\��: 2 PLACE DIMS.; :I: .01 :I: 0.25 1-------�---�----1 3 PLACE DIMS.; :1::1: :.'?!!5 :I: 0.100 PART NUMBER: ANGULAR; .,., FRACTIONAL; :I: 1 /32 FINISH Ra: 125i," 3.2i,m DRAWING NUMBER: REV: Resol No 7366 Exhibit A LA23-000016 3/21/23, 12:54 PM Mail - Karla Parra - Outlook https://outlook.office.com/mail/inbox/id/AAQkADhiOGU1MTYxLTJhNWItNGNhZi04NTljLTY5OWYwMTY4ZjBlMQAQAOndHgV1uxdHrFUB4Y1LHGI%3…1/1 Keshav Properties LLC, 2160 W Wayzata Blvd, Long Lake, MN-55356 Proposed Restaurant Parking Space Assignment Additional Parking area if needed. Total Parking Space: 11 Spots. Plus additional 6 parking spots if needed. ●Plan for garbage and dumpster area ○We have discussed with the owners of the building and we will be renting our own garbage and recycling dumpsters that can be placed alongside the garbage and dumpsters that are already at the building site.Along with this we have a company that is going to be placing a cylinder so that we can properly dispose of our used kitchen oil. ●Plan for deliveries ○We will designate delivery drivers to drop off any merchandise and groceries around the back,where they will park out of the way of others and we can easily bring them around through the side entrance. This is shown on our parking plan with an arrow where we will have them go. ○Additional parking spaces ■We are aware that some parking spaces are not striped.There are still some logistics that need to be sorted out,and we have not finished discussing with the owners of the building-these items are pending lease signing and then will be designated to who has to pay for what items are being fixed. Lease signature is pending city approval. ●Parking mitigation ○We have living in the Long Lake/Orono area for approximately 20 years.During this time,we have not come to find this building extremely busy at any particular point of the day..We currently do not have a plan specifically for mitigating parking,other than the owners of the building telling us that if we have a need for more parking designated to us,it can be arranged.We are more than open to suggestions and/or ideas. ●Employees ○Our 5 kitchen staff will be working from 10am-10pm,and none of our kitchen employees are able to drive.We will have 3 part time servers,a host,and Karla and Carolina as rotating managers.During our lunch hours we anticipate having 7 employees working at a time,and 9 employees during our dinner hours.