HomeMy WebLinkAboutResolution 1239 � � cit o� oR,oNo
• �
�
RESOLUTION OF THE CITY COUNCIL
� NO. 1239
• - • •
FINDING FACTS AND DENYING THE VARIANCE AND
CONDITIONAL USE PERMIT APPLICATIONS MADE
BY ORTON AND VICKI WISEGARVER
WHEREAS , the City of Orono is a municipal corporation organized
and existing under the laws of the State of D'Iinnesota; and
WHEREAS , pursuant to State Statutes 412 et. seq. and 462 et. seq.
the City Council of the City oi Orono has adopted zoning regulations for the
protection of the public �ealth, safety and general welfare; and
WHEREAS, Orton and Vicki Wisegarver, dba Kellers Market, have
applied for zoning variances and conditional use permits to operate and
expand an existing non-conforming use as described hereinafter; and
WHEREAS , �he City Council has reviewed the application; the
recommendations of staff and the Planning Commission; comments and
petitions submitted by neighborhood citizens; and letters , plans and
comments made by the applicant and/or his representatives,
� NOW, THEREFORE BE IT RESOLVED, that the City Council hereby
makes the following finding of facts based upon the records and testimony
presented in this case:
l . Kellers Market occupies property at the north east
corner of the intersection of Wayzata Boulevard (State
Highway 12) and Sixth Avenue North (CSAH No. 6) legally
described as follows :
"Those parts of Lots 11, 12 and 13 , "MINNETONKA GARDEN
ACRES" , according to the recorded plat thereof, lying
southerly of the centerline of Hennepin County State
Aid Highway No. 6, Plat 5 , as deliniated in Book 70 ,
Page 3844152 of Hennepin County records . Also the yorth
1/2 of adjoining old County Road No. 6 now vacated.
2 . The above described property is divided into three (3)
tax parcels identified as follows :
a) PIN 29-118-23 34 0002 listed to Geo. Moffitt, Orton &
Vicki Wisegarver; FMV land $30 , 000
buildings $43 , 600
b) PIN 29-118-23 34 0005 listed to Mayona Cirspinski, Orton
& Vicki Wisegarver; FMV land only
� $180
c) PIN 29-118-23 33 0006 listed to Mayona Cirspinski , Orton
& Vicki Wisegarver; FMV land only
C-
$1 , 500
Page 1 of 17
• • ,
A � cit o� oR,oNo
• �
�
RESOLUTION OF THE CITY COUNCIL
� NO. /�39
• - • •
3 . The subject property is located in the RR-1B One Family
Rural Residential Zoning District, which district includes
the following performance standards 34 . 842 :
Minimum Lot Area: 2 acres = 87 , 120 s . f.
Minimum Lot Width: 200 ft.
Minimum Front Yard, Rear Yard or Side Yard
adjacent to street: 50 ft. �
, Minimum (Interior Side Yard) : 30 ft.
4 . The subject pro^perty, including all three tax parcels,
contains 76 , 447 sq. ft. or 1. 73 acres according to the
April 19, 1980 Certificate of Survey by Gary Gabriel as
submitted to the City by Wisegarver on May 30', 1980 .
5. The existing building is setback only 14 . 2 ft. from
� the Highway 12 right of way, and a covered "porch" extends
S ft. closer to within 9 ft. of the right of way as shown
on the above survey.
6 . The property and principal building was owned and
occupied by Mayona Cirspinski (aka Mayona Sundlin) from
1928 until September 9 , 1977 when the property was sold
to Orton and Vicki Wisegarver .
7 . Mayona Cirspinski lived in and used approximately one
half of the principal building as her residence until
September 9 , 1977 when all residential use of the premises
was terminated.
8 . Mayona Cirspinski operated a fruit and vegetable stand
on the premises and within the principal building prior to
any zoning district classification of the area.
9 . The subject property has never been zoned for any type
of commercial use .
10. The subject property and all abutting and nearby property
was zoned R-1C One Family Residential in 1967 , effective
September 14 , 1967 .
� 11 . As of September 14 , 1967 , all non-residential use of the
subject property became a lawful non-conforming use subject
t.o the provisions of Section 31. 100 of the 1967 Zoning Code.
Page 2 of 17
� Cit of ORONO
� �
�
RESOLUTION OF THE CITY COUNCIL
� NO. /� ��
• - • •
12. Under provisions of Section 31. 100 , Mayona Sundlin applied
for and was granted on September 9 , 1968, a Conditional Use
Permit for a non-conforming use as follows:
a) "Non-Conforming Use Permit for Fruit & Vegetable Stand. "
b) "One building for vegetables and groceries plus living
quarters. Approximately 40 ' X 50 ' . One acre for building
and parking. Cold Storage Building. "
13 . Note that the actual size of the main structure is
49. 0 ft. X 60 ft. as shown on the April 19 , 1980 survey,
not 40 ft. X 50 ft. as stated in the CUP. There is no
evidence that the basic structure size was altered since
1967 .
14. The provisions of Section 31. 100 included prohibitions
• against changing the use to another non-conforming use (31 . 101)
or extending the area of the non-conforming use (31. 103) .
15. The Zoning District was changed effective January l, 1975
from R-1C to RR-1B concurrent with City wide rezoning. The
minimum lot area increased from 1 to 2 acres . No change was
made in permitted or conditional uses . Therefore, use of this
property remained non-conforming.
16 . There was no change in use in the property and no building
permits were issued for any change in buildings or structures
between the issuance of the non-conforming use permit in 1967
and the change in ownership in 1977 .
17. Testimony of Alan Olson, City Planner, has been that Orton
Wisegarver visited the City offices prior to his purchase of
the property and discussed with Olson the status of the property.
Olson at that time told Wisegarver that the 12-Hi Market, as
it was known under Cirspinski ownership, was a non-conforming
use , could not be expanded, and that Wisegarver would have to
apply to have the existing conditional use permit transferred
to the new owner thereby clearly establishing the extent and
character of actual use and authorized uses as of that time.
18. Wisegarver never applied for a conditional use permit
• transfer until May 3 , 1980 .
Page 3 of 17
�� � Cit of ORONO
• �
�
RESOLUTION OF THE CITY COUNCIL
• No. /�3�'
• - • •
19 . Since purchase of the property, and before May, 1979,
Wisegarver made at least the following changes noted in
inspection reports and the record of this application:
a) changed the name from 12-Hi Market to Kellers Market
b) painted the exterior
c) renovated the interior including new suspended ceiling
and new wall panelings, which work required building permits
that were never applied for and never obtained
d) converted the Cirspinski living quarters into office and
storage areas, thereby changing the use of the premises
contrary to Sections 31 . 101 and 31. 103
e) installed new front entry doors not in conformance with ,
building code requirements, which work required building
permits which were never applied for and never obtained.
Such permits could have been issued by staff (Section 31. 108)
. and would have assured code compliance without undue expense
f) constructed removable wall panels to enclose, 3 season style,
the covered porch along the front of the building, again
without application or receipt of building permits
g) changed coolers and fixtures, again without application
or receipt of building permits . The large cooler now occupies
what had been half of Cirspinski' s livingroom and some
refrigeration work does not conform to code requirements
h) constructed a 28 ' X 35 ' temporary wood framed, plastic
covered addition to the principal building, in use in 1979
and 1980 for retail sales display and greenhouse purposes,
again without building permits or City Council review of a
bulk expansion to a non-conforming use
i) initiated and/or expanded outdoor signs and sales including
extensive merchandising and stock display in the front yard
setback area and encroaching on the highway right of way
20. The City has photographic evidence from November, 1978 that
no "plastic addition" existed after the Market was repainted
with signs displayed for "Kellers Market" . In addition, aerial
photos, dated November, 1975 , indicate no such addition at that
time. Wisegarver states that some sort of greenhouse was in use
prior to his purchase , but he has never submitted any kind of
• data to support that statement, City records including photographs
and assessment records show no such structure and it is clearly
not present on the 1967 Conditional Use Permit.
,�.
Page 4 of l�
� ' NO
Clt� of ORO
• RESOLUTION OF THE CITY COUNCIL
� NO. I�.3 �
• - • •
21 . The items noted in 18 above were discovered by City Building
& Zoning Staff in May, 1979 , when the inspector first noticed
the plastic "addition" , stopped and issued a notice for the
"addition" to be removed as not in compliance with building or
zoning code requirements.
22 . Wisegarver did not contact City staff until after a followup
letter was sent in July, 1979 . _
23 . Wisegarver did not meet with City staff until August 31 , 1979
after several attempts to arrange a meeting. At that meeting,
he agreed to remove the plastic addition and to make a conditional
use application. This was not done.
24 . On September 13 , 1979 , a second meeting was made with City
staff. Wisegarver promised a CUP application by Sept. 17-21 , 1979 .
• 25. At least four meetings were arranged and cancelled by Wisegarve:
between September 17th and October l, 1979 .
26 . ���isegarver appeared on October 4 , 1979 but had no plans and
no application.
27. A preliminary plan was received by mail on October 30 , 1979 ,
but no followup meeting was arranged and no other data was
forthcoming.
28 . On November 28 , 1979, Olson contacted Wisegarver who
promised a full application "within a few days" .
29 . On December 11 , 1979 , Olson contacted Wisegarver by letter.
30 . On December 28 , 1979 , Olson met with Wisegarver who promised
a full application for :
a) a CUP transfer with meat market expansion
b) a CUP greenhouse
The plans indicate a "preparation" room, but Wisegarver and
his architect both informed Olson that it was intended for the
preparation of fresh meat cuts . After being informed by .Olson
. that such use would be considered a use expansion, no further
discussion of fresh meat has been made .
Page 5 of 17
clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. �{��� l
• - • •
31. On February 27 , 1980, Olson contacted Wisegarver at the
Market about non-permitted flashing lites on a temporary sign,
and again asked for the promised application.
32 . Wisegarver called Olson about March 18 , 1980 and promised
a full application within 2 weeks .
33. On April 15 , 1980 , Olsor� wrote Wisegarver a letter stating
that an application for a Conditional Use Permit must be in
hand no later than May 30 , 1980 , or citations would be issued for
construction without permits and for occupancy of the "addition"
without a certificate of occupancy.
34 . The subject application was received on May 30 , 1980 .
35 . Site inspection by City building and zoning staff indicates
• probable violations of several State building code requirements
in the above noted work including non-compliance with footings ,
foundations, structural, electrical, mechanical, energy conserva-
tion, handicapped access, and fire egress requirements in the
"addition" , and at least fire egress problems within the principal
building itself, including swinging of the new front entry doors
in the wrong direction and lack of exit signing. _
36 . The plastic "addition" does not conform to required front
yard setbacks per Section 34 . 842 .
37 . Kellers Market has expanded outdoor display and sales
of plants, fertilizers, christmas trees and other wares
between the front of the building and Highway 12 , much of
which activity is taking place on the right of way of
Highway 12 as indicated on the April 19, 1980 survey.
•
Page 6 of 17
� � Cit of ORONO
�
• RESOLUTION OF THE CITY COUNCIL
•
NO. l��_� %
• - • •
38 . Application #561 made May 30, 1980 is "to transfer and
expand existing conditional use permit to include greenhouse
and delicatessen" . A marketing plan was attached to explain
the proposed use of the property comparing sales to convenience
stores and supermarkets.
Stress is given to products imported from throughout the
_ state in season and flown-in out of season. No mention is
given to on-site growing of produce although Wisegarver has
stated this is the purpose of the requested "greenhouse" .
39 . No hardships are given to justify granting of variances "
necessary for allowing the proposed 9 ' to 14 ' front yard
setback or for requested variance to use sections of the code.
40 . Constructing the parking lot as proposed on the site plan
would require major earth moving and leveling to remove a
• 10 ft. high hill east of the existing building, which area
now accommodates a vegetable garden.
41. Mel Kilbo, Chief of Police , and John Gerhardson, Public
Works Coordinator, both recommend closing of the existing
access from the Market parking lot to Highway 12, requiring
all traffic to use the County Road 6 entrance. These
recommendations are based upon the existing level of use of
the property and would become even more necessary should
business activity expand. Justifications for these recommendations
include:
a) lack of sight distance to the east
b) conflicting intersection movements
c) lack of deceleration lane to Kellers driveway
d) existing driveway location allows unsafe movements across
Highway 12 to/from westbound County Road 6
e) discourage "impulse" decisions where through travellers
suddenly stop and turn without adequate warning
f) dramatic increase in frequency of accidents at the Highway
12 - County Road 6 intersection in last year' s time
g) existing entrance is too close to intersection
• h) 55 mph' speed limit is too fast to encourage turning movements
i) pedestrian traffic is attracted by outdoor displays adding to
potential conflicts and hazards �=
Page 7 of 17
� Clt of ORONO
�
• RESOLUTION OF THE CITY COUNCIL
� NO. /��_3 9
• - • •
42. There is an existing 20 X 40 greenhouse on the property
not currently in use except for storage purposes.
43. Addition of a delicatessen or any retail space would be
an expansion of the non-conforming use and an addition to
the bulk of a non-conforming use building, both of which
are contrary to the letter and intent of Sections 31. 108 & 31. 109 .
44 . "Use" variances to allow uses not permitted by the zoning
' code are forbidden by Minnesota law (462 . 357 Subd. 6 (1) ) .
45 . Commercial greenhouses are permitted by conditional use
permit in the RR-1B district per Section 34 . 025, subject to
all the health, safety, welfare and comprehensive� planning
considerations given any conditional use permit review. No
such greenhouse permit has ever been issued for this property.
• 46 . The 1974 Orono Village Comprehensive Plan and the 1980
Community Management Plan both identify the entire neighborhood
around this intersection as rural-residential with no commercial
use desired. Both plans recommend concentration of commercial
activities in the established centers of Long Lake, rlaple Plain,
and Navarre .
47 . In addition to the principal market building, there exists
on this property a sma11 trailer (mobile home) occupied by two
persons as a permanent residence having a separate septic system
and sharing a well water supply with the store.
48 . On October 8, 1980 , a new site plan and proposal letter
was received by the City, reviewed by staff and the Council
on October 14 , 1980.
a) The new plan calls for a 40 X 50 detached greenhouse
rather than attached as originally proposed.
b) The new structure meets required setbacks .
• c) An outdoor display and sales area is located in the 50 ft.
required front setback area but farther removed from the
highway than the existing outdoor sales .
d) The new plan calls for closing of access onto Highway 12
with all access being from County Road 6 , although
. Wisegarver has stated that he wishes to retain the
Highway 12 access.
Page 8 of 17
� ' N
Cit� of ORO O
• �
RESOLUTION OF THE CITY COUNCIL
� NO. /.� ,� �
• � • •
e) Wisegarver states in his October 8 , 1980 letter that his
hardship for requesting the greenhouse is the "considerable
time, money and devotion into building up its plant business
, over the last three years, and this portion of the business
is an essential part of the overall business that Keller' s
conducts, which without, would severely hurt and may even
terminate -the business" . In other words, there has been an
increase in the intensity of the use over the last three
years contrary to the intent of Section 31. 108 , which
was either fostered by the extra space provided in the
temporary greenhouse or was responsible for needing the
extra greenhouse space.
f) Questioning of the architect on October 8, 1980 regarding
the site plan and location of the detached greenhouse in
respect to the existing hill on the property revealed that
� he had not yet been on the site.
49 . In May, 1980, the highway department severed a portion of
the drainfield for Kellers Market in the process of constructing
a realignment to the fiighway 12 - County Road 6 intersection.
Sewage effluent was surfacing. Inspection by the City resulted
in an order for Wisegarver to correct the leakage within 90 days
consistent with the requirements of Ordinance No. 210. As of
October, 1980 , there have been no corrective measures taken.
a) Construction of the new highway intersection caused widening
of County Road 6 and a quick take of this property as shown on
the 1980 County Platting Maps , recorded June 21 , 1979. The
existing drainfield was partially located in the area of this
quick take .
b) Construction of the widened road, ditch and a new access
into this property cut into the existing drainfield and paved
over other parts resulting in surfacing of effluent into the
ditch.
c) Wisegarver called the City to assist in getting the Highway
Department to make the repairs . This call resulted in Gaffron' s
orders of May 21, 1980 .
d) State completed road work and Wisegarver did parking lot
� paving over additional drainfield without effecting any repairs .
e) No attempt was made all summer to repair or relocate drainfield
despite repeated reminders by the City.
Page 9 of 17
� Clt of ORONO
�
� RESOLUTION OF THE CITY COUNCIL
� NO. I��,��
• - • •
f) A site evaluation was done by Percor, Inc. on 9-6-80 , but
results were not given to the City until December 2, 1980.
This report recommends relocating the entire system because
of high water table in the existing area. Any repair or
expansion to the existing drainfield would be contrary to City
code unless built high with a pumped system, and then may not
work due to the water table and restricted area. •
50. On September 29 , 1980 , Wisegarver ^told Olson by phone
that he would have the plastic addition removed by November l, 1980
which statement was entered in the record of the Council Meeting ,
that evening. This promise was repeated at the October 14 , 1980
Council meeting and at a meeting between �9isegarver and Olson on
October 16 , 1980 .
• 51 . On October 16 , 1980 , Wisegarver asked for permits to do some
miscellaneous interior remodeling which he stated was necessary
to accommodate stock from the "plastic greenhouse" so that
structure could be removed. Olson stated that no permits could
be issued without Council approval, but that Olson would poll
the Council and would support issuance of permits if Wisegarver
would supply a plan and data as necessary for a building permit
application.
52 . ht the October 27 , 1980 Council meeting, authority was given
to the staff to issue building permits for internal remodeling
subject to removal of the greenhouse and repair of the septic
system.
53 . Olson and Gerhardson inspected the site with Wisegarver
on October 29 , 1980 to review work desired and permits required.
54 . New building plans were received and reviewed by Olson
on October 30, 1980 . All code deficiencies were noted. A
deadline of .November 10, 1980 was established for greenhouse
removal. A deadline of November 30, 1980 was established for
septic repairs. Wisegarver and his attorney were given copies
of these plan review comments including the deadlines .
: 55 . Building Permit #4386 was issued on November 7, 1980 to
cover interior work already done without permits (including
required double fee penalty) and new work specifically noted
thereon. Other per~iits required were noted thereon to be
mechanical and septic permits. Permit #4386 is signed by
Wisegarver.
Page 10 of 17
��� � Clt of ORONO
�
• RESOLUTION OF THE CITY COUNCIL
• rvo. /� 3 1
. - . •
56 . Wisegarver called Olson on November 10, 1980 to report
that the temporary greenhouse had been removed. This was
confirmed by the City Inspector on November 12, 1980.
57 . Field inspection by Jacobs on November 20 , 1980 noted
progress on Permit #4386 plus lack of permit for mechanical
work and lack of progress on drainfield repair. A memo to
this effect was provided to Wisegarver and his attorney on
November 21, 1980. -
58. The City Council at their regular meeting of 11-24-80
ordered citations issued if septic repairs were not completed
by November 30, 1980 . Notice was hand delivered to Wisegarver
and sent to his attorney on November 25, 1980.
• 59 . On December l, 1980 , citations were issued for failure to
correct the non-conforming on-site sewer system and for failure
to obtain a mechanical permit for refrigeration work done on
the premises . A letter explaining the citations including the
requirement for a court appearance was sent to 6aisegarver and
his attorney on December 4 , 1980 . As of December 31, 1980,
Wisegarver had not answered these citations in court.
60 . On December 8 , 1980 , Olson met with Wisegarver and
explained the requirements for septic relocation and the
need for a site plan drawing to explain Wisegarver' s revised
request for outdoor sales space, parking and access.
61. Wisegarver submitted a letter dated December 11, 1980
for review by the City Council at their regular meeting of
December 17 , 1980 but neither he nor his representative
appeared at that meeting. The letter requested delay on
the drainfield relocation and delay on preparation of a
site plan until resolution of the Highway Department ' s
condemnation proceedings . The letter requested delay on
review of the conditional use permit transfer until this
condemnation was completed.
62 . In the December 11, 1980 letter, Wisegarver agreed to
• � pump the existing septic tanks until a new drainfield can
be installed.
Page ll of 17
� Clt of ORONO
r �
• RESOLUTION OF THE CITY COUNCIL
• ruo. l�� 9
• - • •
63 . Drainfield relocation probably can not now occur until
spring because of ground frost, the on-set of which was the
reason behind the previously established November 30 , 1980
deadline for such work.
64 . Wisegarver has not contacted the City staff between
his December 11, 1980 letter and January 5, 19$1 despite
receiving copies of staff ' s December 10 , 1980 memo to the
y City Council and a December 19, 1980 letter outlining the
action taken by the Council on December 17, 1980.
65. In a letter to the City Council dated October 27, 1980 ,
Mr. Wisegarver' s attorney states incorrectly that the septic
system had been repaired (it had not, as per Wisegarver' s
letter of December 11, 1980) , that Wisegarver would make any
further septic repairs on request (he has not) , and further that
� any building code violations will be corrected as soon as
Wisegarver can get a permit from the City. As of 10-27-80 ,
staff was authorized to issue such permits . As of 1-5-80 ,
Wisegarver has not applied for septic or mechanical permits
and violations of both codes remain on the premises.
66 . As of January 5, 1981, the City staff has identified
the following ordinance violations outstanding on the property:
ZONING CODE - SECTION
31 . 101 Change in non-conforming use
31. 108 Increase in intensity of non-conforming use
31. 109 Increase in bulk of structure (eliminated by removal
of the greenhouse by November 10, 1980)
31 . 210 Two principal uses on one lot
31. 410 Reduction of required front yard space by encroaching
outdoor sales
32 . 210 Change in occupancy without occupancy permit
32 . 250 No application for non-conforming use occupancy permit
, 32. 260 Construction without required building permits
34 . 810 Non-permitted uses in RR-1B District
34 . 842 Substandard front yard setbacks for existing building
and for outdoor sales fixtures
38 . 020 Commercial signs in residential district
38 . 201 Parking located in front yard setback area .
� 38 . 330 Lack of proposed off-street loading berth
Page 12 of 17
j � Cit of ORONO
�
� RESOLUTION OF THE CITY COUNCIL
• No. /�� �
. - . .
BUILDING CODE - UBC SECTION
301 Construction without building permits
3312 Exit Signs
SEPTIC ORDINANCE - 5ECTION
22 . 20 (1) Sewage treatment not proper
22-. 50 (5) Operation of a non-conforming, surface discharging
septic system
22 . 50 (7) Failure to correct above violation wit°hin 90 days
of correction order
AND, BE IT FURTHERMORE RESOLVED, that based upon the above
findings of fact and based upon the intent of the City' s Zoning Ordinance
• and Comprehensive Community Management Plan, the City Council of the City
of Orono hereby denies the application of Orton and Vicki Wisegarver as
follows:
1. The City Council will consider transferring the
September 9, 1968 Conditional Use Permit for a
non-conforming use to Orton and Vicki Wisegarver
pursuant to Section 32 . 480 of the Orono Zoning
Code, but not for any use in excess of that authorized
by the September 9, 1968 Conditional Use Permit
attached hereto as Exhibit A.
2. The City Council finds that the actual existing use of
the premises as of the date of this resolution, and the
May 30, 1980 application by Orton and Vicki Wisegarver,
constitute a change in the use of the property and
constitute an intensification and expansion of the non-
conforming use in violation of the letter and intent
of the original permit and in violation of the letter
and intent of Section 31. 100 et. seq. of the Orono
Zoning Code. �
3. The City Council finds that sufficient hardships have
not been demonstrated to justify granting of any
performance standard variances according to the criteria
• established by Section 32 . 340 et. seq. of the Orono
Zoning Code.
�
Page 13 of 17
� � Clt of ORONO
�
� RESOLUTION OF THE CITY COUNCI�
� NO. �,�.�i
• - • • '
4 . The City Council finds that the facts presented, including
traffic safety, building code violations, septic code
violations, and the comprehensive land use plans of the City,
constitute sufficient cause to deny a Conditional Use Permit
for a greenhouse on this property pursuant to Sections 32. 410
and 34 . 025, even if the existing property use was not a
non-conforming use.
5 . The City Council finds that the existing business is a
non-conforming use under the provisions of Section 31. 100
et. seq. ; all non-conforming uses are intended by adopted
public policy and ordinance to in time be eliminated due
to obsolescence, exhaustion or destruction; that addition
of a greenhouse to the property, whether attached or
detached, would constitute an expansion and intensification
of said non-conforming use; and that the application for
a conditional use permit for the greenhouse is therefore
denied as being contrary to the letter and intent of
• Section 31. 000 et. seq. and particularly, Section 31 . 108
of the Orono Zoning Code.
6. The City Council finds that the business activities
and construction undertaken on the premises by
Wisegarver without the required building or zoning
permits can in fact be eliminated and reduced to the
level and intent of the 1968 Conditional Use Permit,
which permit established a reasonable and substantial
level of use for the property.
7 . The City Council finds that even after denial of the
proposed greenhouse and after reduction of business
activities to that authorized by the 1968 Conditional
Use Permit, there will remain multiple use and occupancy
of the property which constitutes more than the permitted
use of property in the RR-1B zoning district.
a) The occupied trailer house constitutes the single
, family residence as permitted in the RR-1B zoning district.
b) There will still exist a 20 X 40 greenhouse located
near the center-east end of the property.
c) There will still exist the basic Kellers Market (49 ' X 60 ' )
• building and retail business activities operating
as a nonconforming commercial use in the RR-1B
one fzmily residential zoning district.
Page 14 of 17
� � Cit of ORONO
• �
�
RESOLUTION OF THE CITY COUNCIL
� NO. �.��fl
• - � •
d) There will still exist the right for an accessory
use road-side stand pursuant to Section 34 . 047, which
authorized 200 sq. ft. of sales area for grown-on-the-
premises farm produce as contained within the nonconforming
use retail sales building.
8 . The City Council finds that the outstanding building code,
zoning code and septic ordinance violations on the property
can be corrected with minimal cooperation by Wisegarver.
r 9 . The City Council finds that the staff has been authorized
to issue necessary building permits to correct outstanding
building code violations and/or to allow non-structural
repairs and incidental alterations within the existing
building consistent with the provisions of Section 31. 108 ,
that Wisegarver has been issued Building Permit #4368 under
said provision, but that Wisegarver has failed to apply for
permits required to correct the refrigeration (mechanical
code) or on-site sewer (septic code) deficiencies .
• 10 . The City Council finds that the 28 ft. X 35 ft. "temporary
plastic greenhouse was fully and completely demolished and
removed from the property on or before November 10, 1980 ,
and that such removal thereby returned the bulk of the
building to the same size as authorized by the Sept. 9 , 1968
conditional use permit.
11. The City Council finds that continued operation of the
expanded business as it exists on the date of this
Resolution, with a non-conforming, leaching septic system,
with refrigeration system components and/or installation
not in conformance with State Building Code requirements ,
with outside sales and display areas occupying required
front yard areas , and with direct access onto Wayzata Blvd. ,
a11 are contrary to the comprehensive plans of the City,
are contrary to the Zoning Code and other ordinances of
the City, and are adverse to the public health, safety and
general welfare .
THEREFORE, the City Council of the City o` Orono hereby orders
the staff and City Attorney to fully enforce the ordinances of the City
by whatever means is lawfully available, including criminal prosecution
and/or injunctive relief if necessary, to effect the following:
• A. The City Attorney is instructed to vigorously prosecute
the citations issued on December l , 1980, and to vigorously
prosecute any other violations of the Building Code, Zoning
- code, On-Site Sewage Treatment Code , or other ordinances of
of the City .
Page 15 of 17
� cit o� oR,oNo
�
• RESOLUTION OF THE CITY COUNCIL
• No. 1� 3 r
. - . .
B. The City Attorney is instructed to seek a temporary and
permanent injunction prohibiting the commercial use of this
property in any manner or any extent, effecting the closing
of this business as soon as possible, thereby preventing
further harm to the public health and safety, all to be in
effect until the applicant obtains a valid conditional use
permit from the City, which conditional use permit will not
be considered again until the applicant complies with the
- following requirements of the City ordinances and the State
Building Code: ,
1. All outside sales, display and/or storage of
merchandise wares , vegetables , fruit, fertilizer,
plants, signs , tables , or other materials shall be
' fully removed from all public road rights of way and
shall be fully removed from all required "yards" as
defined in the Zoning Code except that such use may
continue to the extent that all portions shall be
� completely located under the existing awning or canopy
(8 ' -2" in width) attached to the existing concrete block
building and provided no part of such use extends beyond
the existing canopy.
2. All outside storage of equipment, coolers, casework,
shelves or other fixtures as currently located north of
the existing building shall be removed from the premises
or shall be located and stored in a permitted building
consistent with Sections 37 . 120 and 37 . 130 of the Zoning
Code.
3 . Use of the existing non-conforming on-site sewage
treatment system shall be discontinued and replaced with a
fully conforming system as follows :
a) The existing septic tank outlets shall be sealed, and
the tanks shall be regularly pumped by a city-licensed
pumper until such time that a new, approved drainfield
can be placed in operation.
b) A complete site evaluation shall be made and reported
to the City in conformance with the detailed requirements
of the City' s On-Site Sewage Treatment Design Manual,
Resolution No. #894 , which report shall identify suitable
• primary and� alternate drainfield sites on the property,
and provide a design for layout and use of such drainfield
in conformance with the City ' s On-Site Sewage Treatment Code.
,-.
Page 16 of 17
� � Cit of ORONO
�
• RESOLUTION OF THE CITY COUNCIL
� NO. 1239
• - • •
c) The new approved on-site sewage treatment system
shall be installed according to approved plans by a
city-licensed installer, upon application by said
installer and pursuant to a permit issued by the City
to said installer.
4 . A mechanical contractor shall make application for
a mechanical permit to cover installation of all coolers,
compressors and other refrigeration equipment installed
' in the building without permit since 1977, and shall
under authority of said permit make any and all
corrections ne�essary to make all such refrigeration
equipment fully conforming with the State Building Code.
5 . All other outstanding building and fire safety
code violations noted in this Resolution and in the plan
review and inspection notices for Building Permit #4368
• shall be corrected to the satisfaction of the City
Building Inspector under the authority of said Permit #4368 .
6 . The existing flashing lights on the building-top sign
shall be permanently discontinued or changed to be in
compliance with Sections 38 . 012 and 38 . 013 of the Zoning
Code.
C. Upon compliance with the above correction orders , the City
Council will entertain and consider reapplication for a
conditional use permit to allow transfer of the non-conforming
use status to Orton and Vicki Wisegarver pursuant to the terms
and conditions of the conditional use permit originally issued
on September 9, 1968 .
Adopted by the City Council of the City f Oron on the 12
day of Januar� , 1981 .
William B. Van est, Mayor
ATTEST:
t �
l C.� .
• Wa1t�r R B nson, City Administrator
�-_
Page 17 of 17
ti,��u��• V`i VIUIfU � � ,
Fee % -
� `'��I��►� �E�� F�P���T , -- - -; ----__�.;
_ , .�� ���� c.��� L � �, Ca�e_�'o -!'' :'; �f' f.;
10 � �--- -- ^ - - —
�.�p' � � `.�_ ^'
. _ _ _r:'�c--9-9-F�8 VILLAGE OF ORONO .�-. , .� ::��' , . :ti' �ti; 5
, �.J f., �'•�
Crystal Bay , 1linneso�� �f-� ��
Fo�on -Cc�nforrnin� Uso �'��L. -����o..,,.�
(Complete in Duplicate) �f�//��7 A
'f;�is {orm to be used in all applications for conditional use permits
and for rezoning, dividing or consolidating parcels of land , vacating
streets , al leys and ti�ariances .
- - - - - - - - - - - - - - ' q �
Type of Application���_�.�,11����;��r1�1�L�Lll��,Date_ _____ __`
O�wner of Property : Name_��i t�1I��___ ___ Phone No . _����,�___
- ��`.ayona Sundlin -Address 3s�0 ti;syzata 1>oulevard _ __,
Applicant (other than owner) : T�'ame_ ___ Phone No . _
Address
Relationship. to Owner ___
Engineer : Name _ _ Phone No .
Land Planner: Name Phone No .
Subdivider: Name Phone No .
Location (How do tive find it?)_ ____,_ _
�Legal Description: Lot 12 , Plat d2580� Parcel G: 00 _
Date Acquired 1g23 Area (sq , ft . ) 1 Ac . Separate Ownership
Single Ownership
Date of last division of this property
Do you own any adjoining prcperty? _ _
Action Requested Non-Conforrain� Use Persit for fruit and ve�eta le
stand __ ,.___
, Signature of Applicant
RECORD OF ACTION TAKEN
•