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Home My WebLink AboutResolution 5413is CITY of ORONO RESOLUTION OF T�EPIT � COUNCIL . NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 78-418 (3) FILE NO. 05-3149 WHEREAS, Nancy Fraser, Council President of Trinity Lutheran Church of Orono, Minnesota, a Minnesota non-profit corporation (hereinafter "the applicant"), is the owner of the property located at 2060 Sixth Avenue North within the City of Orono (hereinafter the "City") and legally described as follows: See Attached Exhibit A (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-418 (3) to allow construction of additions consisting of a great room, conference rooms, bathroom, nursery and administrative offices and including re -paving, re -orientation, and enlargement of the existing parking lot. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3149. 2. The property is located in the RR — 1B, Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on September 19, 2005 and recommended approval of the conditional use permit based on the following findings: a. All building setback requirements are met. b. Side and rear yard parking setbacks are met. Page 1 of 5 �� O)V-\--,\\ • 1�� • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. -.5 4 c. The front yard parking setback variance will encroach no further than the extent of the existing parking lot. d. The Sixth Avenue N right-of-way is,in excess of 40 feet providing an extra buffer for the parking lot. e. The parking lot will more than meet the total number of required stalls as noted within Section 78-1516. f. The exterior building materials will match those of the existing church structure. g. No additional lighting, except that required by the building code, is proposed. h. The proposed addition will meet all building height requirements. i. The applicant has met all City Engineer recommendations. j. The conditional use permit standards of Section 78-916 (a) (1-3) are met. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City 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 conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; 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. Page 2 of 5 IA • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 5-4 1 '.r CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-418 (3) to allow construction of additions consisting of a great room, conference rooms, bathroom, nursery and administrative offices and including re -paving, re -orientation, and enlargement of the existing parking lot, 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 B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Any additional lighting beyond that required by the Building Code will require approval of a separate conditional use permit 3. Any and all existing and forthcoming City Engineer recommendations shall be incorporated into the final plans. 4. 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 for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (January 9, 2007). 5. 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. 6. The undersigned applicant has read, understood 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. Page 3 of 5 n ATTEST: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5413 Adopted by the Orono City Council on the 9th day of January, 2006. Linda S. Vee, City Clerk ropertwner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munici al corporation and said instrument wass�uted on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN �xiv�r.�w JACQUELYN M. YOUNG Notary PuNk-, Minnesota .. My CwvWulon EWms Jan 31. 2010 The foregoing instrument was acknowledged before me on this /0 day of 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota tuni�Lc"-ip—alcorporation and said instrument was executed on behalf of the City. 1� Notary Public Page4of5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 1 3 This instrument was acknowledged before me this day of UL2006 by Nancy Fraser, Council President of Trinity Lutheran Church of Orono, Minnesota, a Minnesota non-profit corporation, on behalf JlJ_lJ./ylJJJJl„/IJJJ�JJJJJJJ� `l�•/IJ•/C/J/y'�/lllllJ./JJJJJJJJIIJI • • Page 5 of 5 F.� • • A 5413 Descrlvtfon of pry ert art of the N.E. 1/4 of the S.W. 1/4 of Section 27► Township 118, Range 23, That p Minnesota described as follows: Beginning at the N.E. corner of the Hennepin County, thence W. on the N. line of said 5.W. 1/4 distance of S.•W• 1/4 of said Section 27; thence with the E. line of said S.W. 1/4 distance of 550.00 feet; thence S. and p to a point on the E. line of said S.W. 1/4 feet more or less to the center line of County Road i16; thence northwesterly line 454.1 on th along said center line of said highway thence N. distant 389.7 Feet S. of the N.E. corner of said S.W. 1/4; point of beginning, according to the United State Government of said S.W. 1/4 to the p Of way acquired for County Road 6. 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