HomeMy WebLinkAboutResolution 6062 ' i
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A RESOLUTION GRANTING A CONDITIONAL
USE PERMIT PURSUANT
TO MUNICIPAL ZONING CODE
SECTION 78-823(1)
FILE NO. 11-3510
WHEREAS, Ryan Companies US, Inc (hereinafter the "Applicant") is the owner
of the property located at 2725 Wayzata Boulevard West within the City of Orono (hereinafter
the "Cit}�') and legally described as follows: Lot 3, Block 2, Crystal Bay Business Center,
Hennepin County, Minnesota(hereinafter the"Property"); and
WHEREAS, the Applicant has made application to the City of Orono for a
( conditional use permit pursuant to Orono Municipal Zoning Code Section 78-823(1) to allow
outdoor storage.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 11-3510.
2. The property is located in the Industrial Zoning District which requires a minimum lot
area of 40,000 square feet and a minimum lot width of 200'.
3. The Planning Commission reviewed this application at a public hearing held on June 20,
2011 and recommended approval of a conditional use permit based on the following
findings:
a. The property contains 251,518 square feet in area and has 305 feet in width.
b. The open storage area will be screened and landscaped from adjacent residential
uses and public right-of-way.
� c. The open outdoor storage area will be surfaced with concrete or bituminous.
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d. The open outdoor storage area will not be within any front yard or side yard
abutting a public right-of-way.
e. The open outdoor storage will be setback five feet from all side and rear lot lines
a.nd will not be located within a utility or drainage easement.
f. The open outdoor storage area will not utilize any required off=street parking,
loading areas, or access space.
g. The open outdoor storage area will not be used for storage of hazardous liquids,
solids, gases, or wastes.
h. The property owner will keep a11 outdoor storage areas free of refuse, trash,
debris, weeds, and waste fill.
( i. The proposed use is compatible with adjacent present and future anticipated land
uses.
j. The proposed use conforms with a11 applicable performance standards conta.ined
in this division.
k. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
1. Nuisance characteristics generated by the use will not have an adverse effect upon
existing and future development in adjacent areas.
m. The use will provide an economic return to the community and be commensurate
with other industrial uses for which the property could feasibly be used. In
considering the economic return to the city, the planning commission and city
council may give weight to the sociological impact of proposed use, both positive
and negative.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City sta.ff, comments by the
Applicant and the public, and the effect of the proposed variance on the health, safety and
welfare of the community.
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5. The City Council finds that the Applicant's request would be in keeping with the spirit
and intent of the Zoning Code and Comprehensive Plan of the City.
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 78-823(1) to allow
outdoor storage on the Property, subject to the following conditions:
1. Council approval is based on the site plan submitted by the Applicant and annotated by
City staff, attached to this Resolution as Exhibit A. Any aznendments to the site plan
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. The outdoor storage area shall be enclosed on all sides with fencing not to exceed eight
( (8) feet in height. The fence shall include green mesh on the west and south sides. A
fence exceeding six (6) feet in height will require a building permit.
3. The outdoor storage use shall be consistent with the community management plan;
4. The outdoor storage use shall be compliant with the zoning code, including any
conditions imposed on specific uses as required by article V, division 3 of the City Code;
5. The outdoor storage use shall be adequately served by police, fire, roads, and stormwater
management;
6. The outdoor storage use shall be provided with an adequate water supply and sewage
disposal system;
7. The outdoor storage use shall not generate excessive demand for public services at public
cost;
8. The outdoor storage use shall be compatible with the surrounding area as the area is used
both presently and as it is planned to be used in the future;
9. The outdoor storage use shall be consistent with the character of the surrounding area,
unless a change of character is called for in the community management plan;
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- 10. The outdoor storage use shall be compatible with the character of buildings and site
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improvements in the surrounding area,unless a change of character is called for in the
community managexnent plan;
1 l. The outdoor storage use shall not 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;
12. The outdoor storage use shall be provided with screening and buffering adequate to
mitigate undesirable views and activities likely to disturb surrounding uses. At the time
Orono Industrial Boulevard is constructed the outdoor storage sha11 be fully screened
from Orono Industrial Boulevazd with year-round vegetation;
13. The outdoor storage use shall not create a nuisance which generates smoke,noise, glare,
vibration, odors, fumes, dust, electrical interference, general unsightliness, or other �
means;
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14. The outdoor storage use shall be not cause excessive non-residential traffic on residential
streets,parking needs that cause a demonstrable inconvenience to adjoining properties,
traffic congestion, or unsafe access;
15. The outdoor storage use shall be designed to take into account the natural, scenic, and
historic features of the area and to minimize environmental impact;
16. All exterior lighting related to the outdoor storage use shall be so directed so as not to
cast glare toward or onto the public right-of-way or neighboring residential uses or
districts; and
17. The outdoor storage use shall not be detrimental to the public health,public safety, or
general welfare.
18. Authorities granted by this resolution run with the property not with the Applicant, but
are permissive only. The fence must be completed and inspected within one year of the
date of Council approval, or the conditional use permit will expire on that date (August 8,
2012).
19. 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.
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20. The undersigned Applicant has read, understands and hereby agrees to the terms of this
resolution and on behalf of the Applicant and the Applicant's heirs, successors and
assigns, hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on the 8�' day of August, 2011.
ATTEST:
c!�� � • �p /��C! 4 l�lr_
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
A
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Property er(s)
L�4S�( �v��N�S
p-�(h,� �n���
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This in trum t was acknowledged before is � day of����' 2011 by
, its V(� rtSidt/��. on behalf of Ryan
Com 'es US, Inc..
` '��.PAMELA K. SHIVES '
3 � Notary Pubiic-Minnesota Notary Public
";,i, My Cprllmlasion Expires Jan 31,2p15
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