HomeMy WebLinkAboutResolution 1070 . , „
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�� RESOLUTION N0. 1070 , ,
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A RESOLUTION DENYING A •
• CONDITIONAL USE PERMIT FOR
NON-CONFORMING USE OF
PROPE.RTY AT 3220 NAVARRE LANE ,
� WHEREAS, the City of Orono is a municipal corporatiori organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to Chapter 462, the City Council of Orono duly �
prepared and adopted a Comprehensive Guide Plan in 1974 and thereafter
prepared and adopted a Comprehensive Zoning Ordinance No. 172 effective
January 1, 1975; and
WHEREAS, established in said zoning ordinance is a land use
district designated LR-1C fo�' purposes of Single Family Lakeshore
Residential, use only; and
WHEREAS, on February 20, 1979, Mr. Richard Proudfit made ar�
application to the City of Orono for use of�operty in the LR-1C zoning .
district which use is not permitted in said district,
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
• makes the following findings of fact:
1. The only permitted use of land in the LR-1C Single Family
Lakeshore Residential Use District are: one family detached
dwellings; public owned parks and playgrounds; municipal �
buildings; and residential accessory uses.
2. The only conditional uses of land in �tlie LR-1C District
are: schools; churches; clubs, camps, etc. ; public service
structures; greenhouses; recreation areas; guest houses;
planned residential districts; duplexes; apiaries; animals;
and farms. - -
3. Any other use of land in the LR-1C District is a non-conforming
land use. � "
4. Section 31.100 of the Orono Zoning Code reads as follows:
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"31.100 Non-Conforming Uses. Any land or buildings which �
were actually and legally devoted to a non-conforming use on
. January l, 1975, may be continued in said non-conforming use
pursuant to conditional use permit granted as hereinafter
specified. (Amended Ord. 172, 12-19-74, e�fective 1-1-75) " .
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5 . Section 31.101 of the Orono Zoning Code reads as follows:
"31.101 The non-conforming use may not be changed to another
� non-conforming use. (Amended Ord. 172 , 12-19-74, . effective
1-1-75) " .
6 . Section 32.. 210 of the Orono Zoning Code reads as follows:
"32. 210 When Required, A zoning ordinance occupancy certificate
shall be required for occupancy and use of any buildings herein-
after erected or structurally altered; for new occupancy and use
of an existing building when the• new use is of a different zoning
classification; for occupancy and use of vacant land, new use
of vacant land when new use is of a different zoning classification;
for any change in the use of a non-conforming use. Where�
appropriate, the zoning occupancy certificate may be issued as
. • . , part of building permit" . ,
7. Section 32. 250 of the Orono Zoning Code reads as follows: •
"32.250 Occupancy Certificate Required for Non-Conforming Use.
Application for such occupancy certificate for all lawful non-_
• conforming uses or buildings created by the adoption of the
Zoning Code shall be �filed with the Zoning Administrator by
the owner or lessee by January l, 1976. The Zoning Administrator .
shall approve a certificate of occupancy for a non-conforming use.
Failure to apply for such occupancy certificate shall be prima
facie evidence that� such non-conforming use was either illegal
or did not lawfully exist on January l, 1975 (the effective date
of this Zoning Code) . (Ord. 172, 12-19-74, effective 1-1-75) " .
8. Section 32. 480 of the Orono Zoning Code reads as follows:
"32.480 Conditional Use Permits for Non-Conforming Uses. Al1
non-conforming uses actually and legally existing on '
December l, 1974, shall be issued a Conditional Use Permit upon
application therefore not later than January 1, 1976. Such
Conditional Use Permit shall allow the continuation of the non-
4 onforming use to the same extent and degree as then existing
on December 1, 1974 . Such permits shall be granted without
application fee and the Council _ shall be limited in such permits
to the full and accurate statements of the conditions pertaining
" to the existing uses. Such permits shall not be subject to
periodic review. (Amended Ord. 172, 12-19-74 , effective 1-1-75) " .
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Resolution No. 1070 � .
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9. Prior to January l, 1975, the effective .date of the Orono
Zoning Code, said land was occupied and used for an auto repair
business known as the Collision Center, owned and operated by .
Darrel Watschke.
' 10. The auto repair business continued to be�operated on said
land after January 1, 1975 becoming thereafter a legal non-
conforming use of land pursuant to Section 31.100 of the Orono
Zoning Code. • �
11. No application has ever been made for a non-conforming use
certificate of occupancy or conditional use permit pursuant to
Sections 32. 250 and..32.480 of the Orono Zoning Code_.
12. On or about March 20, 1976, Richard Proudfit became contract
. purchaser for said land and changed the use of said land to
rubber manuf�acturing and�or product research and development
of rubber parts under the name of Viking Rubber Company. The
change in use of said land was made contrary to the provisions
of Section 31.101 of the Orono Zoning Code, and without '
application for a certificate of occupancy for the new use �
pursuant to Section 32. 210 of the Orono Zoning Code.
• 13. On February 20, 1979, an after-the-fact application for a
non-conforming use certificate of occupancy and conditional
use permit was made by Richard Proudfit to the City of Orono �
pursuant to Sections 32.210 and 32.480 of the Orono Zoning Cocie
following complaints to and inspections by the Building and
Zoning Staff of the City of Orono. ' �
14. Performance standards of the LR-1C District include .the
. following minimum requirements: �
Lot Area: � acre; 21,780 s.f.
Lot Width:. . 100 ft.
' Front Setbac7c: � � 30 ft.
Side Setback: 10 ft.
Side Setback to Street: 15 ft. •
Rear Setback: 30 ft.
• Off-Street Parking Requirements , '
. . � (for Proudfit's use) : 8 spaces `
� 15. Actual conditions on the lot in question are as follows:
Lot Area: Approx. 7,000 s.f. or
Lot Width: 107 ft,requirement `
Front Setback: Average 8.6 ft.
• Side Setback: 2 ft.
Side Setback to Street: 17 ft.
Rear �Setback: 6 f t.
. Off-Street Parking provided: Maximum 2 spaces, not
designated
(actual parking' has occurred on the street right-of-way)
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16. The above application and facts were reviewed�by the •
Planning Commission and by the City Council of the City of
� Orono. During these reviews Richard Proudfit was provided
an opportunity to be represented by counsel, to be heard and q
to present any information desired in explanation of the
� circumstances noted above. � •
17. The recommendation of the Planning Commission ,given on
June 25, 1979, was to deny the application based upon clear
violation of non-conforming use provisions of the zoning code,
. but to permit continued operation through May, 1980 as a
grace period allowing gradual transition to a conforming use
of the property.
18. �During the regular July 24, 1979 meeting in a discussion
with Allan Quello, attorney for. Mr. Proudfit, the City Council
determined that Mr. Proudfit' s use of the .premises was in
violation of the intent and the letter of the zoning code and
that such use must terminate. The City Council directed that
� if Mr. Proudfit �greed and signed covenants to that effect
. which would be placed in the title of the property, the City ,
. would not enforce termination of the non-conforming use before
• July 15, 1980.
19. In a letter dated August 20, 1979, from Mr. Quello, the
City Council was informed that Mr. Proudfit would not sign
the covenants as had been prepared, but did in fact admit
non-conforming use of the property.
FURTHERMORE, BE IT RESOLVED, that based �upon the above findin.gs
of fact, the City .Counci�l of the City of Orono hereby makes the following
findings 'and orders: - . "
1. The City Council hereby denys the C4nditional Us� Permit ' �
Appl,ication of Richard Proudfit finding no ordinance provision
or substantial reason that such a permit would be valid under
the Orono Zoning Code. �
2, The City Council .hereby finds that legal non=conforming use
of the property terminated on March 20,. 1976 when Mr. Proudfit
became the contract� for deed holder. . .
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3. The City Council finds that use of the property since
March 20, 1976 has been as an illegal non-conforming use
of land under the Orono Zoning Code.
4 . The City Council finds t�at provisions of the Zoning
Code now require all future use of said property to conform
to LR-1C Zoning District requirements .
5 . The City Council further instructs the City Attorney to
immediately undertake those measures necessary to terminate
the existing illegal non-conforming use of the property.
Adopted by the City Council of the City of Orono on the 11 ay
of September , 1979 .
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William B. Van Nest, Mayor
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ATTEST:
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"Walter R. enson, Clerk/Admi ' trator
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