HomeMy WebLinkAboutResolution 7565 Interim Use Permit 3245 Wayzata Blvd W LAND TYPE Abstract (A)
DOC NUM 11360274
Certified, filed and/or recorded on
Apr 7, 2025 11:06 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 41 Pkg ID 2772758E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on March 24, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
C
Stine Lusi , City Clerk
1iLOAte, CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
'-'$•*\101L4' NO. 7565
A RESOLUTION APPROVING
AN INTERIM USE PERMIT PURSUANT TO
MUNICIPAL ZONING CODE
SECTION 78-421
FILE NO. LA25-000009
WHEREAS, on February 18, 2025, on behalf of the owner, Lakewest LLC (hereinafter the
"Owner"), a representative from the Midcontinent Communications (hereinafter the"Applicant"),
applied for an interim use permit (hereinafter an "IUP")accordance with the City Code for the
property addressed 3245 Wayzata Boulevard West and legally described as:
Attached as Exhibit A (hereinafter the"Property");
WHEREAS, the Applicant made an application to the City of Orono for an IUP pursuant
to Orono Municipal Zoning Code Section 78-421 to allow for staging and equipment storage for
a utility project in public rights-of-way; and
WHEREAS, on March 17, 2025, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on March 17, 2025, the Planning Commission voted 5 to 0 in favor of a
motion to recommend approval of the IUP as recommended by staff; and
WHEREAS, on March 24, 2025, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves an IUP to allow for staging and equipment storage for a utility project in public
rights-of-way and described above based on one or more of the following findings of fact
concerning the Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the RR-1 B (One-Family Rural Residential) Zoning District.
1
�Ot�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1.
G� NO. 7565
t`�kESH0°'
A3. The Applicant requests an IUP for equipment storage and staging associated with a
utility project in public rights-of-way in the City of Orono to expire on December 31, 2026
with vegetation to be reestablished on the site by June 30, 2027.
A4. In considering this application for an IUP, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed IUP upon
the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
INTERIM USE PERMIT ANALYSIS:
Per Orono Municipal Zoning Code Section 78-421, temporary facilities for construction
staging, materials and equipment storage, and materials recycling, when such facilities are
associated with adjacent public road construction or reconstruction projects in the City of
Orono:
B1. Time limit—The facility must be completely removed and the site returned to its
original state or better within six months of project completion; with an end date of
December 31, 2026, the site would need to be returned to its original state by June
30, 2027; and
B2. Applicant shall submit plans indicating the site layout, scheduling and timing of the
use, and the routes for trucks hauling materials to and from the site; the Applicant
submitted a site plan showing the general layout of the staging and storage operations
on the site, as well as operating hours for site access; and
B3. Applicant shall adhere to all city and other agency requirements for site and adjacent
road maintenance, and traffic control measures; the applicant has coordinated with
Orono Public Works prior to applying and is working with Hennepin County regarding
the site access with Wayzata Boulevard West.
Per Orono Municipal Zoning Code Section 78-916, the basis of the application and the evidence
submitted, the city must find that the proposed use at the proposed location is or will be:
B4. Consistent with the community management plan; the project supports the growth of
telecommunication access in the City, an aspect that is consistent with the Plan. This
criterion is met; and
B5. Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division III of the City Code; the proposed interim use is compliant
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
G`':1$1101L-4 NO. 7565
'kESHO
with the zoning code and is not subject to conditions by Article V, Division III of the City
Code; and
86. Adequately served by police, fire, roads, and stormwater management; the Property
meets this standard. This criterion is met; and
B7. Provided with an adequate water supply and sewage disposal system; the Property
vacant land and does not have water supply or sewage disposal, but the interim use of
equipment storage and staging does not require access to water or sanitation. This
criterion is met; and
B8. Not expected to generate excessive demand for public services at public cost; this
proposal is not anticipated to impact public services. This criterion is met;and
89. Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; much of the area that was not impacted by the
development of US Highway 12, is vacant land. Upon culmination of the interim use, the
property can be contemplated for future development coincidental to the Plan. This
criterion is met; and
810. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; the proposed use is not necessarily
consistent with the character of the surrounding area, but is temporary in nature, and
should not affect the long-term character of this area. This criterion is met;and
B11. Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan; the
area is comprised of vacant land or wetlands, with limited site improvements. The
proposed temporary staging and storage use is adequately screened should not impact
the character of other improvements in the area. This criterion is met; and
B12. Not expected to 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; the interim use is not anticipated
to impact the use or enjoyment of property in the area. This criterion is met; and
813. Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; the area of the subject property where the
interim use will occur has tree cover and/or large grades to screen all sides of the
property from undesirable views and activities. This criterion is met; and
3
sLOAiO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7565
, ESHO4.'"
B14. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; the proposal is not
anticipated to create a nuisance, given the existing conditions of the property with its
location between two major thoroughfares and with adequate vegetative screening on-
site. This criterion is met; and
B15. Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; the proposal is not anticipated to create excessive traffic burdens on the
nearby road network. Wayzata Boulevard West is a minor arterial county road that has
the capacity to serve this use. This criterion is met; and
B16. Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact; the property has wetland areas in various areas. The
applicant has proposed the interim use to occur in a location sensitive to the
environment, outside of the wetland areas of the property. This criterion is met;and
B17. All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts; the proposal does not include the
installation of any exterior lighting. This criterion is met; and
B18. Not detrimental to the public health, public safety, or general welfare; the proposal does
not come at a detriment to the public health, safety, or welfare of residents and
landowners of the City of Orono.
Per Orono Municipal Zoning Code Section 78-1747, no interim use permit may be granted
unless the city council determines that the use will comply with the following:
B19. The use is allowed as an interim use in the applicable zoning district; the staging and
storage of materials for a utility project within public rights-of-way in the City of Orono is
allowed as an interim use in RR-1B zoning district. This criterion is met; and
B20. The use will not delay anticipated development or redevelopment of the site; the portion
of the site to be used will not delay the development of the site. This criterion is met;and
B21. The use will not be in conflict with any provisions of the City Code on an ongoing basis;
the proposed interim use does not create a conflict with the City Code. This criterion is
met; and
822. The use will not adversely affect the adjacent property, the surrounding neighborhood, or
other uses on the property where the use will be located; the proposed use is not
anticipated to adversely affect the adjacent area. Only 5-acres of the 25.8-acre property
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7565
kESHO¢‘('
will be utilized, and existing conditions indicate this area will be adequately buffered from
other properties and uses by distance and vegetation. The applicant proposes limited
working hours for the site consistent with the construction hour limitations identified in
the City Code. The site has considerable tree cover and is located directly between US
Highway 12 and Wayzata Boulevard West. This criterion is met; and
B23. The use will not impose additional unreasonable costs on the public; the interim use will
not impose additional costs on the public. No public improvements or utility demands are
necessary for the proposed use. This criterion is met; and
B24. The date or event that will terminate the use can be identified with certainty; the
applicant has indicated that the staging and storage use will cease by December 31,
2026 at conclusion of the utility installation project. The site will be reverted to its existing
grades and will be revegetated by June 30, 2027. This criterion is met; and
B25. The applicant agrees in writing to any conditions that the city council deems appropriate
for the use, including a requirement for a financial security to ensure removal of all
evidence of the use upon termination, and restoration of the site to prior or better
conditions. The conditions shall be set forth in a development agreement between the
property owner and the city, which agreement shall be recorded with the Hennepin
County Recorder or Register of Deeds; approval of the IUP will be executed through a
signed and recorded resolution. All requirements for the use and conditions of approval
will be stated within the resolution. This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants an
IUP pursuant to Orono Municipal Zoning Code Section 78-421 to allow for staging and
equipment storage for a utility project in public rights-of-way.
C1. Council approval is based on the entire record and, the above Findings.
C2. The approved project shall conform to the site plan submitted by the Applicant, attached
to this Resolution as Exhibit B.
C3. Any amendments to the plans that are not in conformity with City codes may require
further Planning Commission and City Council review.
C4. Authorities granted by this resolution run with the Property, not with the Applicants, but
are permissive only and must be exercised by commencing said project. The project
5
-szLOAto CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�. ��� NO. 7565
j`fKFsx00'
must commence within one year of the date of Council approval, or the IUP will expire
on that date (March 24, 2026).
C5. The Applicants agree to comply with the permitting requirements of all applicable
jurisdictions including the Minnehaha Creek Watershed District and Hennepin County.
C6. The IUP shall remain in effect as long as the conditions imposed by the City Council are
observed, but nothing in this section shall prevent the city from enacting or amending
official controls to change the status of interim uses.
C7. The undersigned Owner agrees to the conditions herein.
C8. Violation of or non-compliance with any of the terms and conditions of this resolution
may result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 24th day of March, 2025.
ATTEST: CITY OF ORONO:
Christi usian, ity Clerk Bob Tunheim, Mayor
6
Resolution#7565
Exhibit A
THE HOWARD EISINGER ESTATE
IN GOV'T LOT 1,SEC. 32-118-23 HENNEPIN COUNTY, MINNESOTA
Legal Description
Government Lot 1,Section 32,Township 118, Range 23, Hennepin County, Minnesota, lying south of
U.S. Highway No. 12 described as follows: Commencing at the point of intersection of the South line of
U.S. Highway No. 12 with the East line of said Section 32; thence South along said East line 393.24 feet;
thence West at right angles 418 feet;thence deflecting right 90 degrees 392.02 feet to the South line of
U.S. Highway No. 12 at a point 418 feet West of the point of beginning;thence East 418 feet to the point
of beginning.ALSO the East 418 feet of that part of said Lot 1 which lies between the South line of U.S.
Highway No. 12 and the center line of said highway.ALSO commencing at a point in the East line of
Government Lot 1 in Section 32,Township 118 North, Range 23 West of the 5th Principal Meridian,
distant 393.24 feet South along said line of the South line of State Highway No. 12;thence at right
angles West from said East line 418 feet; thence at right angles North 392.02 feet to the South line of
said Highway; and thence continuing North to the original center line of said Highway; thence West
along said original center line of said Highway to the West line of said Lot 1;thence South along said
West line to the Northerly line of the right of way of the Great Northern Railway Company'thence
Southeasterly along said right of way line to the East line of said Lot 1;thence North to the point of
beginning, EXCEPT Parcel 11 of Minnesota Department of Transportation Right of Way Plat No. 27-130.
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Outside Storage AreaOutside Storage AreaC o n t a i n e r s Trailers/VehiclesDumpsters/BiffOutside Storage
10121010
100
810061008 1006100410021000998996
1000
994
992
990
988
986
984
982980
978
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1004
1002
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988986984982978976980S 01°05'38" W 1232.50393.24N 88°54'22" W 418.00 50.00N 01°05'38" E 392.08S 89°04'24" E 418.0050.00S 89°03'53" E 418.00
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Sec. 32-118-23 based on
MC 13 being lost
West line of Gov't Lot 1,
Sec. 32-118-23 based on
MC 13 being perpetuatedN 00°26'51" W90\179WAYZATA BLVD
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FOUND MnDOT
MONUMENT
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12" LINDEN
10" BLACK OAK
12" LINDEN
14" BLACK OAK
14" SCOTCH PINE
14" LINDEN
28" WHITE OAK
28" BLACK OAK
22" MAPLE
22" OAK
20" MAPLE
10" LINDEN
24" MAPLE
20" SOFT
MAPLE
10" SOFT
MAPLE
14" SOFT
MAPLE10" SOFT
MAPLE
12" SOFT
MAPLE
14" SPRUCE
12" SOFT
MAPLE
10" WHITE OAK
10" SPRUCE
20" SOFT
MAPLE
10" SPRUCE20" SOFT
MAPLE
20" SOFT
MAPLE
18" SOFT
MAPLE
40" LINDEN
18" WHITE PINE
10" SPRUCE
28" LINDEN
28" BLACK OAK
12" BLACK
WALNUT
12" BLACK
WALNUT
12" BLACK
WALNUT
12" ASH
10" SPRUCE
24" ASH
16" SPRUCE16"
SPRUCE
22" SCOTCH
PINE
20"
SPRUCE
22" SCOTCH
PINE
12"
SPRUCE
18"
SPRUCE
20"
SPRUCE
22" SCOTCH
PINE10" ELM
16" SPRUCE16" SPRUCE
28" ASH10"
BLACK
WALNUT
22" MAPLE
10"
BLACK
WALNUT
28" MAPLE
10" ASH
10" MAPLE
10" RED
PINE
12" RED
PINE 12" RED
PINE
14" ASH
10" APPLE
14" ASH
14" ASH
12" SPRUCE
ELM CLUMP
14" ELM
14" WHITE
PINE
14" WHITE
PINE
16" WHITE
PINE
3-18"
WHITE
PINES14" RED
PINE10" ASH10" ASH
12" ASH
14" BLACK
WALNUT
12" BLACK
WALNUT
12" BLACK
WALNUT
18" ASH14" MAPLE
10" LOCUST
20" LOCUST
26" MAPLE
18" HACK-
BERRY
22" SILVER
MAPLE
24" SILVER
MAPLE
24" ASH
30" ELM28" LINDEN
28" BLACK
OAK
24" LINDEN12" SPRUCE
12" SPRUCE
12" SPRUCE
16" ASH
16" LINDEN
20" LINDEN
10" BLACK
WALNUT
10" BOX
ELDER
12X14"
LINDEN
10X14"
LINDEN
12" LINDEN
10" HACKBERRY
28" LINDEN
10X12"
ASH
16" ASH
12" ASH
28" BLACK
OAK
12" SPRUCE
12" BLACK
WALNUT
EXISTING
HOUSE
EXISTING
GARAGE
GRAVEL DRIVEWAY
ROCK
WALLROCK
WALL
RED PINEGROVEU.
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1
2
WETLAND 2
(MANAGE 1)
WETLAND 1
(MANAGE 2)File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\DEMOLITION-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:14:53 PMKnow what's below.
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U
C
TI
O
N
0
SCALE IN FEET
25 50 100
N
W
S
E CITY SUBMITTAL2024-06-193
13ORONO, MINNESOTAMASS GRADINGEISINGER MEADOWS - MASS GRADINGDEMOLITION PLAN - VIEW Awww.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.DATEDESCRIPTIONProject No.:
Drafted By:
Designed By:
Sheet of
MARK RAUSCH
43480
MPR
BJP
4000330-00
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Civil Engineer under the laws of the
State of MINNESOTA.
3 13
LEGEND:
C O N T A I N E R SDumpsters/BiffOutside StorageOutside StorageTrailers/VehiclesOutside Storage
WAYZATA BLVD
TELEPHONE
CABLE POST
U.
S
.
H
I
G
H
W
A
Y
N
O
.
1
2
WETLAND 2
(MANAGE 1)
WETLAND 1
(MANAGE 2)File Location: X:\4000330-00\001\40 Design\00 Sheets - Mass Grading\WETLAND-MG.dwg Plotted By: Ben Palazzolo on June 19, 2024 at 12:15:30 PMKnow what's below.
Call before you dig.
R Dial 811
FOR
R
E
VI
E
W
O
N
L
Y
PRE
LI
MI
N
A
R
Y
NOT
F
O
R
C
O
N
S
T
R
U
C
TI
O
N
0
SCALE IN FEET
40 80 160
N
W
S
E CITY SUBMITTAL2024-06-199
13ORONO, MINNESOTAMASS GRADINGEISINGER MEADOWS - MASS GRADINGWETLAND MANAGEMENT PLANwww.alliant-inc.com
PROJECT TEAM DATA
QA/QC CHECK
DateBy
CERTIFICATION
Date License no.DATEDESCRIPTIONProject No.:
Drafted By:
Designed By:
Sheet of
MARK RAUSCH
43480
MPR
BJP
4000330-00
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed
Civil Engineer under the laws of the
State of MINNESOTA.
9 13
WETLAND SUMMARY
WETLAND BUFFER CALCULATION
LEGEND:Dumpsters/BiffC O N T A I N E R SOutside StorageOutside Storage Outside StorageTrailers/Vehicles
Exhibit E – Aerial Imagery of 3245 Wayzata Boulevard West