The URL can be used to link to this page

Home My WebLink AboutResolution 6477 . - �Ol V 0 C ITY OF ORONO RESOLUTION OF THE CIT'Y COUNCIL � � 6477 `� G~ N O. �`�kEsxo��. A RESOLUTION GRANTING INDUSTRIAL SITE PLAN AND CONDITIONAL USE PERMIT APPROVAL PURSUANT TO CITY CODE SECTIONS 78-142 8� 78-823 FOR WJM PROPERTIES, LLC FILE #14-3699 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, WJM Properties, LLC ("the ApplicanY') has applied for renewal with minor revisions of industrial site plan approvals originally granted under Resolution No. 5470 for property located at 2605 Wayzata Boulevard West and legally described as: Exhibit"A" attached, Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS, on May 22, 2006 the City Council granted a conditional use permit per Municipal Zoning Code Section 78-823 and industrial site plan approval per then Zoning Code Section 78-831 to permit a 25,620 s.f. one-story addition to the principal structure, a 250 s.f. addition to connect existing accessory buildings, proposed revisions to approved parking layout; approved the proposed amendment of Resolution No. 4845 as described in Resolution No. 5470 with regard to conditions placed on outside storage; and denied the requested conditional use permit for flagpoles in excess of 40 feet in height; and WHEREAS, the Applicant was not able to commence construction of certain of the approved additions and improvements within the allotted one-year established by Resolution No. 5470, and was granted by Resolution No. 5593 an extension of the approvals until December 31, 2008; and WHEREAS, the Applicant was not able to commence construction of the addition before December 31, 2008, and was granted an extension of the approvals until December 31, 2009 by Resolution No. 5757; and WHEREAS, the Applicant was not able to commence construction of the addition before December 31, 2009, and was granted an extension of the approvals until December 31, 2010 by Resolution No. 5875; and Page 1 of 4 �o�o C ITY OF ORONO IZESOLUTION OF THE CIT'Y COUNCIL ��'l,� �,G~ No. 6477 KESH�� WHEREAS, the Applicant was not able to commence construction of the addition before December 31, 2010, and was granted an extension of the approvals until December 31, 2011 by Resolution No. 5992; and WHEREAS, the approvals and extensions granted by the above referenced Resolutions have expired; and WHEREAS, in 2013 the Applicant made a request for renewal of the expired approvals including a minor revision to the originally approved plans to allow the 25,620 s.f. building addition to be 25 feet in height where the original approval was for 20 feet in height; and WHEREAS, on September 9, 2013 the City Council renewed approval of a conditional use permit per Municipal Zoning Code Section 78-823 and industrial site plan approval per Section 78-142 to permit a 25,620 s.f. one-story addition to the principal structure up to 25 feet in height, and revisions to the approved parking layout; and WHEREAS, the Applicant was not able to commence construction of the addition before September 9, 2014 and the approvals granted via Resolution No. 6320 have expired; and WHEREAS, on October 21, 2014 the Appficant made a request for renewal of the expired approvals including a minor revision to the approved plans to construct the addition with a height of 20 feet, rather than 25 as previously approved via Resolution No. 3620; and allow the building addition footprint to extend 20 feet to the south increasing the addition footprint to 29,136 s.f.; and WHEREAS, pursuant to mailed and published public notice, the Orono Planning Commission held a public hearing on the renewal and revision request on November 17, 2014, at which time all persons wishing to comment on the proposal were allowed to comment; and WHEREAS, on November 17, 2014, the Orono Planning Commission voted 7-0 to recommend approval of the renewal with height and footprint revision; and WHEREAS, the City Council has considered the application by the Applicant for renewal with minor revisions of the approvals granted under Resolution No. 5470 for development of the Property, and makes the following findings: 1. The existing main building on the property is approximately 176,000 s.f. in area, and the proposed addition to it will add 29,136 s.f. 2. The location of the addition is far removed from view from any of the surrounding public roadways and will have virtually no visual impacts as viewed from the adjoining industrial properties. All required yard setbacks will be met. 3. This addition expands the main building footprint to approximately 205,136 s.f., or 20.7% of this 990,000 s.f. site. With the additional 7,250 s.f. of existing accessory buildings on the site, structural coverage is significantly below the 45% coverage allowed for the site. Page 2 of 4 � •y � 1 O�O C ITY OF ORONO I�ESOLUTION OF THE CITY COUNCIL � � �' G~ No. 6477 r�kESHO�� 4. The property is in Hardcover Tier 5, which allows a maximum impervious surface of 85%. The site with the proposed additions will be at approximately 55°!0 hardcover. NOW, THEREFORE, BE IT RESOLVED that pursuant to Orono Municipal Zoning Code Sections 78-142 and 78-823, the City Council of the City of Orono does hereby grant industrial site plan and CUP approval to the Property including a minor revision to the approved plans to allow the building addition footprint to extend 20 feet to the south increasing the addition footprint to 29,136 s.f.; subject to the following conditions: 1. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit and completing a framing inspection by December 8, 2015 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 5470 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the Property. Adopted by the City Council of Orono this 8th day of December, 2014. ATTEST: � . r . �a �� " �.��e � e Tiegs, City CI Lili Tod McMillan, Mayor Page 3 of 4 . � . , . � �� ITY OF ORONO C RESOLUTION OF T'HE CITY COUNCIL � � � � No. 6 4 � z �' G j�k6SH�� Prope y Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowiedged before me on this��day of ,LJ a0/�- , by Maurice J. Wagener, Chief Manager of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. r��ww�r � PETER W.JOHNSON �--� NOTARYPU�IC-MINNESOTA Nota C tuly Canmission Expir�s Jan.31,'��-t� ry _ �:� Page 4 of 4 , � 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 resolution adopted at the meeting of the Orono City Council on January 5, 2015, with the original thereof on file in my office, and the same is a conect transcription thereof. WITNES my hand officially as such City Clerk and the corporate s 1 of the City this .r� day of , 2015 �� ane Tiegs, City Clerk EXHIBIT A b 4 7 ? RESOLUTION NO. LEGAL DESCRIPTION Parcel 1: That part of the South half of the Northeast Quarter of Section 33, Township 118, Range 23, which lies East of the East line of the plat of Orono Industrial Park and its extensions, and West of the West line of the plat of Long Lake West Industrial Park and its extensions, Hennepin County, Minnesota; and Parcel 2: Lots 1 through 12, Inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive, vacated, as shown on the plat of said Orono Industrial Park, Hennepin County, Minnesota.