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Home My WebLink AboutResolution 5359 1 � i � O� • O Q O � -- : - � C ITY of ORONO a ti � ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI��g'�G NO. �. � � � A RESOLUTION GRANTING A . CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-644 (8) � FILE NO. OS-3125 � WHER.EAS, Christine Valerius and Philip Fisk, wife and husband (hereinafter "the applicants") are the owners of the property located at 2377 Shadywood Road within the City of Orono (hereinafter the"City") and legally described as follows: Lot 5, Block 3, Townsite of Langdon Parlc,Hennepin County,Minnesota • (hereinafter the"property"); and WH�REAS,the applicant lias made applicatioii to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Sections 78-644 (8) to allow parts of the upper level of the existing building and addition currently under construction to be used as two (2) separate offices not accessory to the approved coffee shop/restaurant. � NOW, THEI�F012E �E I'�' �SOLVED by the City Council of Orono, Minnesota: F'INI)INGS 1. This application was reviewed as Zoning File OS-3125. 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 property is 10,350 s.f. in area a�id 90 feet in width. 3. The Planning Commission reviewed this application at a public hearing . held on June 20, 2005 aiid recommended approval of the conditional use • permit based on the following findings: a. The upper level office proposed will have no negative impacts on the � surroundin� area. Page 1 of S _ � � °� • o � o - CITY of ORONO . � � ., , � RESOLUTION OF THE CITY COUNCIL ��l ��'~ `�kEsKO�'` ruo. � 3 5 � b. The proposed office use is a use already existing and allowed witl�in the Navarre neighborhood. . c. The two separate offices proposed will have limited parking needs and demands. 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 conditional use permit on the health, safety and welfare of the community. � 5. The City Council fmds that flie 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial 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 CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Sections 78-644 (8) to allow parts of the upper level of the existing building and addition currently under construction to be used as two (2) separate o�ces not accessory to the-approved coffee shop/resta.urant, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annota.ted by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan and building floor plan which are not in conformity with City codes will requixe further Planning Commission and City Council review. . .2. Hardcover i.n the.500'-1,000' zone shall not increase above 35%. • � Page 2 of 5 , , � , , O� ' � • O ,+ O � CITY of ORONO � - � . , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsI3�g'�G NO. � o� � � 3. Only two (2) offices not accessory to the coffee shop use are permitted within the . upper level of the building with one office being a single person office and the second office being a one or two person office. 4. The offices shall comply with the attached floor plan, Exhibit A. 5. The two business entities which ultimately occupy the space shall not cater to customer visits due to the parking constraints within the municipal lot. 6. Exterior building signage for the proposed offices shall be permitted in �accordance with the following: � • Nameplates to be no larger than 1.5 s.f. per office use, • Monument signage as depicted on attached Exhibit A. • 7. If at any time the upper level offices are not compliant with this conditional use permit and/or if the businesses within the upper level of the coffee shop require a . parking demand of which the municipal parking lot cannot handle, this conditional use permit shall be revoked with a public hearing. 8. Authorities granted by this resolution run with the property not with the � applicants, 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 (July 25, 2006). 9. 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. 10. 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. . • � Page 3 of 5 � • , � O� • O �. O - l CITY of ORONO � �� ti �� G'�' RESOLUTION OF THE CITY COUNCIL �`9kESS�g'� NO. 4�`7► � � � Adopted by the Orono City Gouncil on the 25th day of July, 2005 and amended August 8, 2005. ATTEST: � � ,t.Z.� inda S. Vee, City Clerk Barbara A. Peterson, Mayor � Pro • STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �.�-day of ��, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mumcipal corporation and said instrument was executed on behalf of the City. � hRISTI B.ANDERSON ��:��'�.�.I��.,,e— '. NOTARYPUBLIC-MINNES07A NotaryPubhc ' „n;.. My Commission Expires Jan,31,2007 STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on thiso��ay of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota unicipal corporation and said instrument was executed on behalf of the City. • RACHELDODGE �� - _ �', NOTARY PUBUC-MINNESOTA Notary Public •.;,,;-• PAy Commission Expires Jan.31,2010 � Page 4 of 5 � o� � • o � o � C ITY of ORONO . , �, � � . � RESOLUTION OF THE CITY COUNCIL ti . ��kESI�Og'�G NO. � � 9 � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of 2005 by Philip Fisk,husband of Christine Valerius. a�.bQ.�1� .. -��ft; BARBARA G.SILUS Notary Public - "_�P.nY PU9LIC-MIN�v:�.^�?k �;�� hty�om�ss:c7 i.x;;ir;:s Jr.....:t.iOQa • STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this��ay of 2005 by Christine Valerius,wife of Philip Fisk. � �J�Q,(� " '"� `,RA G.SILUS Notary Public �.`�'� �lUBLiC-MINNESOTA v�, ;,,�;� (•,:f, ...;sion Explres Jan.31,2Q03 � Page 5 of 5 , . � z ' � . � � � � ° � �w � � �Z = z � m � Gqc� j � z � � C9 O O p c" �0 °' . . � � =�U � ��" n 0 �0 � . � � � C� v� � C � _ .~ ' � � • UQ�Q� �UFwm � ,�O � .� � _� � °-Zcn� �� '¢ . ` ��1'' ✓� J �°a-� ��mz . ��( 19' �� J r� Q z � w z Q �C NO' � Qe � � J � �rFw1' COw Uw �. �u �-- z soQgo � � �, o �, � � • S �;�.• • � � �S� ga��33 ° ¢�z� �" g'� :°� . 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