HomeMy WebLinkAboutResolution 1278 1
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` Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1278
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A RESOLUTION APPROVING A CONDITIONAL
USE PERMIT FOR MIKE NIEHNER FOR A
SERVICE STATION AT 3398 NORTH SHORE DR.
WHEFEAS, the City of Qrono is a Municipal 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 hea�th, safety, and general welfare; and
WHEREAS, pursuant to sectior�s 32 . 210 and 32 . 480 oF the Orono
Zoning Code , Milce Mehner has applied for a conditional use permit to
continue in the operation of a full service station , a non-conforming
use in the B-2 Zoning District; and
WHEREAS, Pursuant to section 31 . 105 , the applicant has applied
rar a variance to the requirement that the subject property must conform
• to all the standards of the B-2 zone since the service station use was
d�scantinued for over a year; and
WH�REAS, the City Council has reviewed the application; the ,
recommendations of staff and the Planning Conunission and letters ar.d
comments by the applicant. � '
NOW THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby approve the ccnditional use permit application of
Mike Mehner to operate a service station and to grant a variance allow-
ing said use to continue as a 1egal non-conforminq use based on the
following findings of fact:
l , The subject property is located at
3398 North Shore Drive consisting
of approximately 21 , 000 square feet.
and 1ega11y described as follows :
TNAT PA.RT OF LOT YZ A�dD THAT PART OF W 32 FT OF LCT Z1 LYIN6 S OF A LINE
RUNNING W AT RT Af:GlE5 FFOM E LI�lE OF LOT 11 At:D 7tiRU A FT IN W LIfdE OF
C.OT 11 DIS 115 FT N OF t1LY LZNE CF CO ROA.D h0 �il LOTS 11 AND 12
2 . The property is located within the
B-2 , lakeshore commercial zone and
� tne LR-1C, iak�shore r_esidential zone.
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� Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1278
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3 . The service station was in operation as
of ,7anuary 1 , 1976 , existing as a legal
non conforming use.
4 . The service station use has been discontinued
for over a year, from approximately October 1 ,
1979 to the present.
5 . The subject property and it' s buildings have
been unoccupied for the same period of time.
6 . The Union Oi1 Company has a substantial in-
vestment in the property and has in good
faith sought to se11 or lease the operation
but sale prospects were limited due to the
faulty economy.
• 7 . The applicant wi11 purchase the property
from Union Oil .
8 . The City staff has received many queries
from the local residents concerning the
status of the station and the need for
such a service in the community.
9. The operation will be limited to the �ol-
lowing uses :
a) Fueling and minor repair of cars
b) Bait sales
c) Sale of prepackaged foods in
vending machines .
d) Fuel dock on Crystal Bay
e) Boat towing service - repair of
boats limited to those that can
be repaired at dock.
f) No storage of boat overnight -
1 company work boat allowed at dock.
10 . The service station will operate between the
hours of 8 : 00 AM to 9 : 00 PM.
• 11. The applicant has applied for a 1981 commercial
dock license from the L.M.C.D. and the City of
Orono to allow the marine related use.
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l Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1278
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12 . The Crystal Bay dock, located in the LR-1C
zoning district , is a non-conforming use.
13 . The Crystal. Bay portion of the property
affords the only lake access for the property.
14 . The Marina use meets the intent of the B-2
zoning district; the ma;or portion of the
property is located within the B-2 zone.
15 . The limitation on the operation setforth in
tnis conditional use p�rmit will assure that
the service station and accompanying marine
use will not be in conflict with the abjectives
and intent of the LR-1C and B-2 zoning districts .
16 . Council finds the proposed use will benefit the
public welfare and fulfill a needed service to
. the community.
17 . Council grants a variance to section 31 . 105 based
on the followir�g f indings :
a) The specia-1 conditions applying to the
existing structure and land in questior�
are p�culiar to such property or immed-
iately adjoining properties .
b) The granting of this variance is necessary
for th� preservation and enjoyment of a
substantial property right of the applicant.
c) The granting of this variance will not in
any way impair the health , safety , comfort,
morale or be contrary to the intent of the
zoning code.
d) The granting of this variance will not merely
serve as a convenienee to the applicant but is
necessary to alleviate demonstrable hardships
or difficulties.
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�, Cit� of ORONO
� RESOLUTION OF THE CITY COUNCIL
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No. /� 7 �
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FURTHERMORE, BE IT RESOLVED that based upon the foregoing
findings to insure that the intent of this conditional use permit is
met the following conditions are setforth by the council •
1 . All marina use of this property is limited to
a fuel dock and boat towing service. This property
may never be involved with the rental of slips,
storage or sale of boats , and major repair of boats
2 . Issuance of this conditional use permit is for the
size and extent of use particularly mentioned herein.
Any expansion of the uses noted above shall require
application and review of a new conditional use permit
prior to such expansion. Sale of the business or
premises to a new owner sha11 require application and
review by the City for approval to transfer this con-
ditional use permit.
• 3 . The City Council hereby reserves the right to review
and/or modify the conditional use permit, if at any
time in the future, the Council finds the conditions
of the subject permit to be violated or if the proposed
use is found to be detrimental to the health , safety , and
public welfare of Orono citizens .
Adopted by the City Council of the City of Orono , Minnesota at a regular
meeting held May 27 , 1981 .
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Wil iam . an est , Mayor
ATTEST:
�����J�la ������
Alberta M. Strom, City C1erk
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