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Home My WebLink AboutResolution 5160 L �i y � O� O O • �� C ITY of ORONO � --- , � , ti RESOLUTION OF THE CITY COUNCIL ti � ��`9kEsYi�g'�G . NO. � � � � . � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A CLASS I RESTAURANTAND COMMERCIAL SITE PLAN APPROVAL � - - WITH ASSOCIATED VARIANCES PER MUNICIPAL ZONING CODE SECTIONS 78-642, 78-646 (E), & 78-644 WHEREAS, Christine Valerius and Philip Fisk, husband and wife, (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 Park,Hennepin County, Minnesota •' (hereinafter the "property"); and WHEREAS, the applicants have inade application to the City of Orono for a conditional use permit and commercial site plan approval with an associated � variance to Orono Municipal Zoning Code Sections 78-642, 78-646 (E), and 78-644 in order to convert the .existiilg residence into a coffee shop/balcery/restaurant including approval of a conditional use permit in order to operate a Class I restaurant and a building setback variance to allow a north side setback of 24' when 35' is required and 24' feet currently exists in order to construct an addition to the existing building. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS � 1. This application was reviewed as Zoning File#04-2993. 2. The property is located in the B — 1, Retail Sales Business District, which requires a minimum lot area of 20,000 square feet. The applicant's � property is approximately 10,400 square feet in area. �, 3. The Planning Commission reviewed this application at a public hearings � held on March 15, 2004 and April 19, 2004 and recommended approval of � Page 1 of 6 � � � :, ,�` O� � Q j � • � C ITY of ORONO � - : � . ti ti RESOLUTION OF THE CITY COUNCIL ��`9 4��G NO. . . kESI3� � � � �A the conditional use permit and commercial site plan review with associated variances based on the following findings: a. The existing building is non-conforming at a north side setback of 24 � feet: The applicant's proposed addition will not increase that non- � �� conforming 24' setback. b. The existing 3-season porch, which is non-conforming at a setback of 15' when 35' is required on the north side setback, will be removed or . moved to a conforming location in an effort to reduce non- �confonnities. �� c. In order to meet parking requirements for a Class I restaurant the applicant has the rights to use the City-owned parking facility in the rear of property. . • d. The applicant's property was reduced in size when the City owned parking facility was constructed. e. The applicant's proposal meets structural coverage and hardcover requirements. . � �� f. The exterior finishes proposed, consisting of white chilton stone and a tanish-brown hardyboard plank siding, were acceptable for the use proposed. 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 o£the proposed conditional use permit and commercial site plan approval with an associated variance 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 and commercial site plan approval with an associated variance 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 . Page 2 of 6 � ` � O� O O • � g C ITY of ORONO , � -: ; � . , ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ � �; � `9kES�I�4 NO. � �. � 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 findings,the Orono City Council hereby grants a conditional use permit and commercial site plan approval with associated variances to Orono Municipal Zoning Code Sections 78-642, 78-646 (E), and 78-644 in order to convert the existing residence into a coffee shop/bakery/restaurant including . approval of a conditional use perniit iii order to operate a Class I restaurant and a building setback variance to allow a north side setback of 24' when 35' is required and 24' feet currently exists in order to construct an addition to the existing building, subj ect to the following conditions: • � • 1. Council approval is based on the site plan and building designs 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. Maximum hardcover allowed within the 500'-1000' zone is 35%. Hardcover in the 500'-1000' zone shall be limited to 3,640 s.f. or 35%per Municipal Zoning Code Sections 78-282 and 78-1288 (B). Attached Exhibit A shows the approved hardcover allowarice of 3,146 s.f. for the 500'-1000' zone (approved square � footage also to include pad for garbage dumpster and handicap ramp). 3. On-site parking,beyond what is allowed by the existing City owned parking lot existing on the applicant's property, shall not be permitted. 4. � Applicant shall not install plastic or fabric liner material for decorative landscape beds on the property as they are not permeable and act as non-hardcover surfaces. 5. Required removal of the 85 s.f shed and 118 s.f 3-season porch located in the north side yard, shall be completed by the footing inspection for either the proposed addition or deck,whichever occurs first. 6. 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 Page 3 of 6 . � °� 0 0 • -� � C ITY of ORONO a ; . � , ti ti RESOLUTION OF THE CITY COUNCIL ��k'ES�I�g'�G NO. . permit for the new construction within one year of the date of Council approval, _ or the variance will expire on that date (Apri126, 20.05). 7. 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. 8. The Luidersigned 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 Orona City Council on the 26th day of April, 2004. ATTEST: � • . ^ . � �� . , �� Linda S. Vee, City Clerk Barbara A. Peterson,Mayor , , Prope wner s) • Page 4 of 6 � � o� _ o o � • �� S C ITY of ORONO a ° ; � r . ti ti RESOLUTION OF THE CITY COUNCIL ��`9 4��'� � NO. � � k'ESII� STATE OF MINNESOTA � COUNTY OF HENNEPIN � The fore oin instrument was acknowled ed before me on this c� da of g g g _ Y ��Ql�� , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,.�, c..�c(..,C_�'..-e��- ��• RACHEL DODu� � Notary Public :�`�°",��`i �-nmr�n��7a �, ` '�4��'�' ��am toi►E��"•st.2�c�5 �: ;�:.� ..,�.t,� . w • STATE OF MINNESOTA COUNTY OF HENNEPIN � . The foregoing instrument was acknowledged before me on this �D�ay of ��-��2004 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. � �,��u� RACHEL DODG� ' � C�� .:;,`i.�; Nrn'�rPUeuc-Mih�esorA • Notary Public ;i ..._..•� hTy Gom�rn�sion ExP'res Jan.31.'-''��, K: �, �r,+-�� :::.:isi?:�i%'-�- , • . � Page 5 of 6 , �o� 0 0 • �� CITY of ORONO � � -- : - � , ti ti RESOLUTION OF THE CITY COUNCIL �L`9kESI3�g'�G NO. � � � � . State of Minnesota ) ) ss. County of Hennepin ) This instrument was acicnowledged before me thiso�3�`�day of n,�L�.Q,��004 by Philip Fisk,husband of Christine Valerius: � �'` �. �'�: ��3 , RACHEL DODG� u � ^ n ` _ NOTARY PUSLIC-MiyNeSOTA '� �{�C.�.�l.. /��+ '� �� p Jan.31,2005 : �j .�.d °i� � Notary Public . ..,_.>�:, _� State of Minnesota ) • ) ss. Cotuity of Hennepin ) . This instrument was acicnowledged.before me this�(v day of �� , 2004 � by Christine Valerius, wife of Philip Fisk. . � p�c�is�M.I.ESKin�� NOTARY P�B��'MINNESOTA {�� My�anmi,sanExpires Jan.31�L�:VS Notary Public . � Page 6 of 6 � ' . � ' . p,, � go o$��R f . � V •'. � + 3 �� . � � , ?,. ,, c� `L2�1�c��'�� Z i z Cti W 5'�Ew P�� ' _��• � W �� ' l��! c�� p1GR � � a`'o U Ci� / � ��:y� �Z �.1•1- O OV �F Q vi a t)? 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