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Home My WebLink AboutResolution 1271 � �... � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1271 • • - � • REGARDINr THE STATUS OF PROPERTY KNOT�IN AS KELLERS MARKET 3800 WAYZATA BOULEVARD WHEREAS , the City of Orono is a mu�nicipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, there exists in the City of Orono a property known as Kellers Country Market, located at 3800 Wayzata Boulevard, legally described as follows: 1. "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 north 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 Mayona Cirspinski, Orton and Vicki [+Iisegarver; b) PIN 29-118-23 34 0005 listed to Mayona Cirspinski, Orton and Vicki Wisegarver; c) PIN 29-118-23 33 0006 listed to Mayona Cirspinski , Orton and Vicki Wisegarver WHEREAS, this property was the subject of City Council Resolution 1239 adopted January 12, 1981, which resolution denied transfer of a non-conforming use Conditional Use Permit to Orton and Vicki Wisegarver for the reasons set out fully therein; and WHEREAS, this property was the subject of a temporary restraining order issued by Hennepin County District Judge Lindsay • G. Arthur on April 9, 1981, which order enjoined Orton and Vicki Wisegarver individually and doing business as Kellers P4arket from operating any business or permitting any habitation PAGE � OF 5 v / Ci.t� of ORONO • RESOLUTION OF THE CITY COUNCIL NO. 12 71 • • • • • or use of the premises until further Order of the Court or until various building code and fire code violations as noted therein were corrected to the satisfaction of the City; and WHEREAS, on or before April 8, 1981, the property known as Kellers Market has in fact been closed to the public and all business use of the property has been discontinued. NOW, THEREFOFtG BE IT RESOLVED by the City Council of the City or Orono that the property and business known as Kellers Market is closed to the public and shall remain closed for any business use until such time that the use and premises are in full compliance with all Building, Zoning, and Fire Code regulations of the City. Any occupancy, construction, alteration or business use of the building or premises without prior written approval and authority from the City Council shall be deemed to be a violation o� the non-conforming use provisions of Section 31. 100 of The • Oro��o Zoning Code. :�. Building permit 4386 issued to Orton Wisegarver on November 7, 1980 is hereb�� revoked for violation of the conditions of said permit, pursuant to State Building Code Section 303 (e) and to the notice of violations dated P�arch 11, 1981. Issuance of new permits as required for any construction or alteration work on these premises shall be subject to prior ap- proval of a conditional use permit by the City Council . B. No business shall reopen and no business activity shall occur on the property unless the City Council first shall issue a Conditional Use Permit for continuation of a non-conforming commercial use in the FR-1B single family residential zone pursuant to Section 31. 100 of the municipal code: 1. A new application for said permit shall be filed with the City and shall be subject to the nornlal review of such applications. The new application shall be in the name of the land owner and, if ap- plicable, the name of any person or corporation intending to occupy the premises. The normal fee for such applications shall be charged. • PAGE 2 OF 5 ` Clt� of ORONO • RESOLUTION OF THE CITY COUNCIL NO. 1271 • • � • • . 2. The new application and intended use shall be con- sistent with the directions contained in Resolution 1239 and with the provisions of the original non- conforming use conditional use permit issued to Mayona Sundlin on September 13, 1968 . C. Approval of any such conditional use permit shall be conditioned upon abatement of all outstanding building, zoning and fire code violations prior to reopening of the building or premisis to the public, including but not limited to the following items : 1. Removal from the property of all outside storage of equipment, coolers, shelves, fixtures , junk, debris , and the old, inoperable unlicensed van consistent w�ith the re1�:irements of Sections 37 . 120 and 37 . 130 of the Zonin�:.� Code. • 2 . ��eplacement of the existing non-conforming on-site sewage treatment system with a fully conforming system as follows: a) A complete site evaluation shall be made and reported to the City in conformance with the detailed requirements of the City' s On-Side 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 drainf�eld in conformance with tr.e City' s On-Site Sewage Treatment Code. b) A 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 is- sued by the City to said installer. 3. Correction of all Fire Code and Building Code Vio- lations pursuant to the correction orders issued by letter to Orton Wisegarver and Kellers Dsarket dated March 11, 1981, which items are further • detailed in Alan Olson' s Affidavit dated April 8, 1981, and in Judge Arthur' s Order dated April 9 , 1981: PAGE 3 OF 5 l Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL NO. 1271 • • � • • • a) Heating system designs shall be prepared and submitted by a mechanical engineer, architect or reputable mechanical contractor. b) A mechanical contractor shall obtain permits and shall install an approved heating system for the building. c) A mechanical contractor shall obtain permits, shall remove and shall correctly reinstall all refriger- ation compressors and related cooling equipment and/or mountings. d) A general contractor shall obtain permits and shall correct all uncompleted or improper work originally included in the scope and conditions of Building Permit 4386, expecially including pro- . vision of adequate exits and correction of un- stable structural elements noted in the violation letter of March 11, 1981. e) An electrical contractor shall obtain permits and shall complete or correct all electrical code vio- lations noted in the violation letter of March 11, 1981. f) The owner, applicant or contractor shall further abate and correct all other fire code violations noted in the letter of March 11, 1981. 4 . Failure to completely correct or abate all the above Building, Zoning and Fire Code Violations on or before April 8 , 1982 , or by whatever date is mutually agreed upon and established as a condition of approval for any conditional use permit issued for this property, shall be cause for the City to revoke said permit and to initiate hazardous build- ing proceedings according to the provisions of State Statute Section 463. 15 et. seq. seeking there- by to have the corrections made or the building razed. • PAGE 4 OF 5 r l Clt� o� ORONO � RESOLUTION OF THE CITY COUNCIL NO. 1271 • • - • • • 5 . Any new owner/operator shall apply for, obtain and comply with all applicable business licensing re- gulations including licenses for cigarette sales and off-sale beer as may be applicable to any pro- posed business . D. Notice is hereby given that Section 31. 105 of the Orono Zoning Code reads as follows : 31. 105. Whenever a lawful non-conforming use of a structure or land is c?iscontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Code. (Ord. 172, 12-19-74 , effective 1-1-75) l . Failure of the owner, applicant or any other party • to timely make application, supply information , or to complete the above required corre�tions shall n�t in itself be cause to extend the twelve r�onth deadline r.oted in Section 31. 105 . 2 . Some form of commercial property use pursuant to an approved non-conforming use conditional use permit shall be open and operating on the premises and in the building located at 3800 Trlayzata Builevard on or before April 8 , 1982, or all rights to continue non- conforming use of the property shall expire on that date, in which case any future use of the property shall be fully conforming to all provisions of the Residential Zoning District in effect at that time. E. The City Attorney shall file and record a copy of this resolution in the chain of title of the subject property. Adopted by the City Council oL t City o Oro 0 on this 11 day af. Ma - � � �� `. William B. Van Nest, rZayor Attest: �� _�� • Alberta Strom, City Clerk PAGE 5 OF 5