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Home My WebLink AboutResolution 5218 � � o� . 0 0 � �� r; � CITY of ORONO � ; ti �',�� G'�' RESOLUTION OF T�E�CITY�COUNCIL `9kESI3�g' NO. � . A RESOLUTION DENYING VARIANCES AND AN AMENDMENT TO THE B- 1 ZONING DISTRICT STANDARDS ALL IN CONJUNCTION WITH A COMMERCIAL SITE PLAN REVIEW TO MUNICIPAL ZONING CODE SECTIONS 78-642, 78-643-645, 78-646 (C), � 78-1288 (B), 78-1403, AND 78-1516 FILE NO. 04-3029 WHEREAS, the City of Orono is a inunicipal corporation organized aizd existing tulder the laws of the State of Miruiesota; and • WHEREAS, pursuant to State Statutes 412 et. Seq. and 462 et. Seq., the City Council of the City of Orono has adopted zoniiig regulations for the protection of the public health, safety and general welfare; and � WHEREAS, Michael Keaveny on behalf of Richard M. Keaveny Rev. Trust, (hereinafter "the applicant") is the owiier of the property located at 3423/3425 Shoreline Drive within the City of Orono (hereinafter the"City") and legally described as follows: Lots 1 and 2, Block 2, KEAVENY ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin. County, Minnesota (hereinafter the"property"); and WHEREAS, the applicant has applied to the City of Orono for variances and an aineridment to the B — 1 zoning district standards a11 in conjunction with a commercial site plan review in order to construct an addition measuring 16' x 132' for an entrance onto the south farade of the existing building and also to permit construction of a game room in the existing vacant garage stalls connecting to the existing bowling alley, requesting the following approvals: 1. Sections 78-643-645: To operate a game room out of the existing vacant • garage stalls. Page 1 of 4 - � °� � 0 0 • �� CITY of ORONO � , : � , ti ti RESOLUTION OF THE CITY COUNCI� ��`�kEST�I��G NO. a� � � � 2. Section 78-642: Cominercial site plan approval for a building permit to allow construction of a 16' x 132' addition to the south far�ade of the eYisting building, expanding the current building footprint, and interior remodeling to covert the e:cisting vacant garage stalls into a game room. 3. Section 78-1288 (B): Variance to permit 90% hardcover within 1000' of � Lake Miruietonka when 25% hardcover is permitted in the 75' — 250' zone, 30% iii the 250' —500' zone and 35%in the 500' — 1000' zone. � 4. Sectioii 78-1403: Variance to permit 23% Lot Coverage by Structures , when 15% is normally permitted and 20% currently e:cists. 5. Section 78-646 (C): Vaxiance to permit a front yard sefiback for parking of � 10 feet from Slioreliile Drive where 20 feet is noimally required. • 6. Sectioii 78-1516: Variance to parking stall requirement where City Ordinance would require 133 stalls and only 104 stalls are proposed. WHEREAS, the City CoLUZCiI has reviewed the application; the � recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested coinmercial site plan review with associated variances and an amendment to tlZe B — 1 zoning district standards as described above based on one or inore of the following findings of fact concerning this property: 1. The proposed game room use is not permitted under the permitted, conditional, or accessory uses sections of the B — 1, Retail Sales Business District; an amendnnent to the B — 1 standards, which is not supported by the Planning Commission or City Council, would be required in order to permit the game room. 2. The proposed addition, measuring 16' x 132', would constitute an expansion of the existing non-conforming use,which is the bowling alley. 3. The property is in close proximity to the residential neighborhood to the � south. The proposed addition and entrance to the proposed game room would Page 2 of 4 � � °� � o 0 • � . � CITY of ORONO � �� : ti � RESOLUTION OF THE CITY COUNCIL ti ��`�kESI3�g'�G NO. � � '� � have directly abutted the adjacent residential neighborhood and would potentially have created negative iinpacts to the neighborhood. 4. The granting of tlie requested variances would be contrary to the provisions of Municipal Zone Code Section 78-123 with which the applicant must first comply in order that variances are granted. The Council finds that: � �a. The�property in question can be put to a reasonable use if used under the conditions allowed by tlze official controls if the proposed variances were not granted. b. The plight of the landowner was created by the landowner, in that the need for parking variances is directly related to the proposed use of the site. • c. Graiiting of commercial site plan approval, associated variances, and amendment to the S — 1 zoning district standards would appear to �serve as a convenience to the applicant and the applicant has not demonstrated sufficient reasonable liardships or practical difficulties . acceptable to the City Council. ; d. The conditions of the Zoning Code limits innposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located. 5. The City Council has considered this application including the findings and . recommendations of the Planning Commission, reports by City staff, � comments by the applicant and the effect of the proposed commercial site plan review and associated variances on the health, safety and welfare of the community. Adopted by the Orono City Council on the 9�h day of August, 2004. ATTEST: .e" - �.1�P�- � • Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 4 .� � °� � o � o . � � � CITY of ORONO a �- ; ti ti RESOLUTION OF THE CITY COUNC�L ��`�k'Esl3og'�G NO. 5 � 0 � � STATE OF MINNESOTA COUNTY OF HENNEPIN �� The �foregoing instrument was acknowledged before me on this � day of � �f�rv�l e1c; 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota � municipal corporation and said instrument was e:cecuted on behalf of the City. �--� ,d��-- '"��`"'" Notar Public �� .•�... ,ti� � : �.'� RACHEL DODGE y '� � NOTARYPUBLIC-MINNESOTA �v �•.,"r,rf My Commission ExPires Jan.31,2005 ;;.._:,�:��...<:�.:, . • STATE OF MINNESOTA COUNTY OF HENNEPIN - The foregoing instrLUnent was acknowledged before me on this ��day of ��MM��, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota nnuzicipal corporation and said instrument was executed on behalf of the City. ,t � c.�a..�-a� �� `r ��"��° F�CHEL DODGE, a r�or�zr ausuc_a��un�sora � Notary Public � �— .,,,.,,,.r MY Commisslon F.�cpires Jan.31,20pg �' ,, • Page 4 of 4