HomeMy WebLinkAboutResolution 5301 • '..
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RESOLUTION OF THE CITY COUNCIL
��`9k'EsIIOg'�G NO. � � � � .
A RESOLUTION GRANTING COMMERCIAL
SITE PLAN APPROVAL AND OCCUPANCY
PER MUNICIPAL ZONING CODE
SECTION 78-642
� FILE NO. 05-3085
WHEREAS, Aleck G. Overson, a single person, owner of the property
located at 3445-3467 Shoreline Drive (PID#2011723120033) and Julie Kreslins, owner
of Jul Ann, Inc., a Minnesota Corporation (hereinafter "the applicants") have an interest
in the property located at 3445-3467 Shoreline Drive (PID#2011723120033) within the
City of Orono (hereinafter the"City") and legally described as follows:
� Tract A, R.L.S.No. 1422, except highway right of way per poc. No. 1946165,
City of Orono,Hennepin County,Minnesota
. (hereinafter the"property"); and
WfIEREAS, the applicants have made application to the City of Orono
for a commercial site plan review in order to gain an occupancy permit per Orono
Municipal Zoning Code Section 78-642 to allow conversion of an existing vacant space
within the lower level of the building'located at 3445-3467 Shoreline Drive to a beauty
shop/salon.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono,Minnesota:
FINDINGS
1. This application was reviewed as Zoning File OS-3085.
2. The property is located in the B — 1, Retail Sales Business District, which
requires a minimum lot area of 20,000 s.f. and a minimum lot width of
100 feet. The applicants' property is approximately 41,521 s.f. in area
with 185 feet of width.
• 3. The Planning Commission reviewed this application at a public hearing
held on February 22, 2005, which resulted in a tabling, and on March 21,
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RESOLUTION OF THE CITY COUNCIL
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2005. On a 3-3 motion to deny, the application went forward to the City
Council without a recommendation by the Planning Commission. The
City Council reviewed the application on March 28, 2005 and made the
following findings: �
a. The space has been occupied by retail uses in the past, most notably a
beauty shop. • .
b. The surrounding neighborhood will not be negatively impacted by the
introduction of this additional iiew use.
c. The beauty shop/salon use is a permitted use under the B — 1, Retail
Sales Business District zoning regulations.
� � � d. Access for this use will be through the rear of the building across the
property to the east. Invitees of the proposed use will be permitted this
access under a Parking Space License Agreement.
e. The shortage of required parking will be accommodated by a shared
parking arrangement with the.property owner to the east.
• f. The signage proposed complies with Zoning Ordinance Section 78-
1468.
4. The City Council has considered this application including the findings '
and recommendation of the Planning Commission, reports by City staff,
. comments by the applicants and the public, and the effect of the proposed
. commercial site plan review and occupancy on the health, safety and
welfare of the community.
5. The City Council finds that the conditions existing on this property axe
peculiar to it and do not apply generally to other property in this zoning
district; that granting the commercial site plan review and occupancy
would not adversely affect traffic conditions, light, air nor pose a fixe
hazard or other danger to neighboring property; would not merely serve as
� a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
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RESOLUTION OF THE CITY COUNCIL
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property�right of the applicants; and would be in keeping with the spirit
and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITTONS
Based upon one or more of the above findings, the Orono City Council hereby
� grants corrunercial site plan approval for an occupancy permit per Orono Municipal
Zoning Code Section 78-642 to allow conversion of an existing vacant space within the
lower level of the building located at 3445-3467 Shoreline Drive to a beauty shop/salon,
subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
• require further Planning Commission and City Council review.
2. The applicants obtain an occupancy permit from the Building Department which
will be conditioned upon compliance with the terms and conditions of this
Resolution. -
3. At the time of termination of the Shared Parking Space License Agreement, made
part of this Resolution as Exhibit B, Jul Ann, Inc. must vacate the property within
30 days. Should Jul Ann, Inc. not vacate the property the City of Orono shall file
, suit to force such vacation, at which point Jul Ann, Inc. shall be held responsible
for any and all attorney fees incurred by the City of Orono in connection with
such action. �
4. The upper and lower parking lot on the property shall be striped to formalize the
location of available parking. The parking spaces must be striped to be 9' in
width and 20' in depth with a 24' wide available drive aisle.
5. An occupancy permit will not be issued until the property complies with Sections
58-1 and 58-3 regarding maintenance of private property.
6. The on-site dumpster shall be relocated so as not to block available parking as
shown on attached Exhibit A.
, 7. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining an
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RESOLUTION OF THE CITY COUNCt.L
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occupancy permit within one yeax of the date of Council approval, or the
commercial site plan approval will expire on that date (April 11, 2006).
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8. 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.�
9. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' 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 l lth day of April, 2005.
• ATTEST:
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i da S. Vee, City Clerk Barbaxa A. Peterson,Mayor
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Property wne s
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�� Gti' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ��day of
r'i , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ,
municipal corporation and said instrument was executed on behalf of the City.
����. /���,�-
��''" Notary ublic
�'` ^`�`�� RACHEL DODGE
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��^;�^;::<�f}';j idOTARY PUBLIC-MINNESOTA
'` �ti�"��' Fd Commission Ex res Jan.31,2010
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STATE OF MINNESOTA
COUNTY OF HENNEPIN � '
, The foregoing instrument was acknowledged before me on this /�fday of
Yi� , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
�--�C�._,�..,C���.. �Oc.����L
RACHEL DODGE Notary Public
NOTARY PUBLIC-MINNESOTA
�.�+•:° �Y�mission Expires Jan.31,2010
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P,age 5 of 6 ;
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• �� C ITY of ORONO
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RESOLUTION OF THE CITY COUNC�L
��`�kEsll�g'�G NO. � � � '� .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this�day of �,f� , 2005
by Aleck G. Overson, owner of 3445-3467 Shoreline Drive (PID#2011723120033).
�
, DENISE M. LESKINEN
NOTARY PUBLIC-MINNESOTA Notary Public
�•�;.+� My Commissian Expires Jan.31,2(110
. STATE OF MINNESOTA �
• COUNTY OF HENNEPIN
This instrument was acknowledged before me this f��ay of rc,L , 2005
by Julie Kreslins,president/owner of Jul Ann, Inc., a Minnesota Corpora ion.
♦
BARBARA G.SILUS Q
' '=Z= PdOTARYPUBLIC-MINNESOTA ���'vQ�iPt
+�`�'�° My Cammission Expires Jan.31,2008
Notary Public
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• � � � EXHIBIT A
����BEDRAS Liesel Cox '
;Tract A; R.L.S. No. 1922, except highway ri3ht oF xay per poc. No. 19961•65,
. City of Orono, Hennepin County, Tiinnesota.
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PROPOSED ELEVATIONS � "`--=�:���"'
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Top of Foundatlon �
Garage Floor ` :
Basement Floor . _ '
Aprox. SeNer Servlce Elev. _ '
� Proposed Elev. ' 0 � MIN. SETBACK REDUIREMENTS
Exlsti`ng Elev.
Drainage Dlrectlons =o` . Front - Hause 51de - .
Oenotds offset 5take � •• SCALE: i Inch • 3o Feet : Rear - Garage Side -
• �_ .I HEAEBY CERTIFY 7HAT THIS IS A TRUE ANU CORRECT REPRESENTATiON JOB NO:
OF THE BOUNDAAIES OF THE ABUYE�ESCRIBED PPOPEATY AS SUHYEYED
.��� BY ME OR UNDEA MY OIRECT SUPEHYI510N pN0 DOES NOT PIIRPORT TO
SHOH IMPROYEMENTS OA ENCROACH ENTS, EXCEPT AS 5 WN. BODK: PAGE:
Plannln9 EnD��ea�InO survayinv Oate S 1�� Q�
9MI Ei�l IIw�Ini�I,pWa���61 I aG•7209 M�"1f0�'S'�� � E Y l I IIpSREN, LAHD uRVErae • CADD F I LE: DWG.CHK.
OTA LICENSE NUHBER 14376
� EXHIBIT B
� � 01
PARHING SPACE LICENSE AGREEMENT
• . Parking Space License Agreement ("Agreement") between The Richard M. Keaveny Family
Limited Partnership, as"Licensor,"and JulAnn,Inc.,d/b/a Jul Ann Hair Fashions, as"L;icensee."
Licensor owns the real property at 3421�.435 Shoreline Drive in the Gity of Orono,
Minnesota, legally described as: Tract B, Registered Land Survey No. 1422, Hennepin County,
Minnesota (hereafter "Licensor's property"). Licensee is or will be a tenant of the property that is
� . located at 3449 Shoreline Drive and which is adjacent to Licensor's property (liereafter the
� "neighboruig property").
Tlie parties agree as follows:
l. License. Licensee shall have a license for the use of up to nine parking spaces in the
"lower level" parking area on Licensor's �roperty that is accessible fiom Kelly Drive (hereafter tlie
"License"),by employees,clients and business invitees of Licensee's hair salon(to be) operated oii the
neighborulg property, subject to the terms of this A�eement. Licensor may, fiom time to time,
desi�iate particular parkuig spaces that will be subject to the License (to the exclusion of other
parking spaces); as of the date hereof aud until fiu-ther notice from Licensor to Licensee, the parking
spaces that will be the subject of the License will be the nine most westerly parking spaces along the
.south side of the lower level parkin�area.
2. License Fee. Licensee will pay Licensor a license fee of $��per month, on or
before the first day of the month, for each month the License is uz effect. The license fee for any
� partial month will be pro-rated. The License fee will Ue subject to adjustment every twelfth month
• that the License is in effect,by not more than a cumulative total of 5%per year.
. 3. Termination; Term. The License will ternlinate if Licensee is delinquent in the
payment of the monthly license fee or in any other obligation of Licensee pursuant hereto, and
continues to be delinquent after ten days written notice to Licensee delivered or mailed to Licensee at
Licensee's last laiown address. Licensor(or Licensor's successors or assi�s) may also tenninate the
License upon,or at any time after,the occuirence of any of the following conditions:
(a) Licensor sells Licensor's property;
(b) Licensor euters into a lease with a tenant who will occupy the lower level, or any part
of the lower level, of the buildiug ou Licensor's property, and such tenant cominences
occupancy;
(c) Liceizsor, or the present or future tenants� of Licensor's property, need to have the
licensed parking spaces available in order to satisfy zoning or other requirements of
any governmental authority (whether due to a change in the use or size of the
building, change or application of zoning requirements,or otherwise);
(d) Licensor couunences removal, reconstruction, substantial remodeling, or any addition
� to,the existing building or other improvements on Licensor's property; .
(e) Any part of Licensor's property is condemned or taken, either teinporai-i.ly or
permanently,by any governmental authority. .
Termination pursuant to (a) through (e) above will become effective ten days after written notice to
Licensee delivered or mailed.to Licensee at Licensee's last laiown address, and, Licensee expressly
• agrees that Licensee has no rights or expectation whatsoever which would in any way i.mpede Licensor
from selling, leasing, removing, expanding, remodeling or reconstructing the building or other
improvements on Licensor's property and terminating the License by reason thereof. Licensee also
• � ' � EXHIBIT B 2
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agrees that the License is personal to Licensee and will automatically terminate if Licensee ceases to
ioperate a hair salon on the neighboring property, for any reason, or, if Licensee assi�s or attempts to
assign the License without Licensor's prior written consent in each instance (which may be given or
withheld in Licensor's sole and absolute discretion); any change in ownership of Licensee shall be
deemed an attempted assi�unent. If not sooner terminated pursuant to this Paragraph 3, the License
will, in any event, be terminable by either party upon thirty days advance written notice at any time
after the last day of the second to last month of the initial term of Licensee's lease relative to the
neighboring property, unless extended for a specific term prior thereto by written a�eement betweeii
Licensor and Licensee; provided, that any such extension shall not in any way affect or impair
Licensor's right to thereafter ternunate the License for any of the reasons specified in Section 3 above,
and this Agreement shall otherwise continue in effect as so extended.
4. Licensor's Obli�ation Limited; Exclusive Remedv. Licensee understands and agrees
that this Ab eement does not create any obligation on Licensor's part with respect to plowing, cleanin�
or maintenance of the parking area on Licensor's property; provided, that if Licensee's clients would
have, but could not, use the licensed parking spaces on any particular day(s) in a month because (i)
Licensor's parking area had not been plowed within a reasonable time after a si�ificant snowfall (as
determined by reference to past practice) and (ii) the spaces on the neigliborin� property were all in
use, then, Licensee's sole and exclusive remedy shall be a credit against the next month's license fee
equal to 1/30"'of the monthly license fee for each such day(or partial day).
5. Limitation of Liabilitv; Indemnitv; Liability Insurance. Licensor shall not have any
liability for injury, death or property damage to Licensee's employees, agents, clients or invitees
occurrin� on Licensor's property; unless resultin� from the b•oss iiegligence or intentional act of
• Licensor or Licensor's officers or employees, and,Licensee will indemnify, defend, and hold Licensor
harmless from, any such claims; Licensee further agrees to carry liability insurance ui form and
ainount satisfactory to Licensor, insuring against any such liability and naming Licensor as an
additional insured, and to provide proof of such coverage as and when requested by Licensor from
time to time.
6. Not to be Filed. This Ab eement shall not be recorded or otherwise filed by Licensee
with the Hennepin County Recorder or Registrar of Titles, and, shall become terminable by Licensor
at will if so recorded or filed or if any memorandum or other document referencuig this A�eement is
• so recorded or filed.
7. Notice to Citv. Licensor will notify the City of Orono at P.O. Box 66, Crystal Bay,
MN 55323,of the date this Agreement is terminated,if it is termuiated.
Signed by the parties as of the date(s)noted opposite their respective si�natures:
The Richard M.Keaveny .
Family Limited Partnership
� B�S: � ate: ,200��
General e ���2� `
JulAnn,Inc.,dlb/a Jul Ann
Hair Fas ' ns
' � .��� Date: �� ,200�
• By: �LL�/ �� —
' resident
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