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HomeMy WebLinkAboutResolution 1289 r � �. � < � l Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1289 • ' • • A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GARY LUCHSINGER AND WILLIAM W�AR FOR A RESTAURANT LOCATED IN THE ORONO SHOPPING CENTER BUILDING AT 2160 WAYZATA BOULEVARD. WHEREAS, the City of Orono is a municipal corporation organ- ized and existing under the laws of the State of Minnesota; and WHEREAS , pursuant to State Statutes 412 et. seq. and 463 et. seq. , the Ci:ty Council of the City of Orono has adopted zoning regul- ations for the protection of the public health, safety and welfare� and WHEREAS, pursuant to Section 35. 024 of the Orono Zoning Code, William Wear and Gary Luchsinger have applied for a conditional use permit to operate a restaurant in the Orono Shopping Center at 2160 Wayzata Boulevard; and WHEREAS, the City Council has reviewed the application; the �recommendations of staff and the Planning Commission and comments by the applicant, the Council makes the following findings of fact: 1) The restaurant occupies 2100 sf of area; the kitchen consists of 581 sf and the public area consists of 1419 sf. 2) The restaurant will offer a complete family type menu and format. The two applicants will manage the opera- tion and hire approximately 10 employees to assist in that operation. 3) The proposed hours of operation will be 6: 00 AM to 1: 00 AM, Sunday through Saturduy. 4) The restaurant has a seating capacity of 88 seats and is required to have 18 parking stalls, 1 des- ignated for the handicapped. The Orono Shopping Center has a designated parking area of 110 stalls, providing 1 handicapped stall for every 50 parking stalls. 5) The preliminary working plan submitted with the application noting the installation of 2 windows along the west outside wall and the upgrading of the kitchen facilities has been reviewed and ap- proved by the building inspector and the Planning � Commission per Section 35 . 002 of the Orono Zoning Code. -'Wi1:�iam Wear Page 2 • � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1289 • � • • 6) The signage for tne restaurant will conform with the original agproved signage plan fc�r the shopping center allowing 16" block print along v'rie up�er 3 ' of the autside wall and a business indentifica�aon sign under the shopping center directory. 7) The proposed use is in accord with th� int�nt �nd objectives of the zoning code and the purpose of the B-1 zoning distric-L- , 8) The proposed use is in accord �aith the intent and objectives of the Orono Comprehensive Land Use Pl�n. 9) The location af the conditi.onal use and the proposed conditions under �,ahich it would be operated or main- tained are not detrimental to the public health, safety or welfare. 10) The proposed use is not materially ix�jurious to properties or improvements in the surrounding . business community. NOW, THEREFOR.E, BE IT RESOL�7ED that the City Council of the City of Orono hereby approves the application of William Wear and Gary Luchsinger for a conditional use permit for operating a restaurant subject to the following conditions: 1) 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 vio- lated or if the proposed use is found tc be de- trimental to the health, saf�ty and pub.lic wel- fare of Orono citizens. In particular, the Council hereby reserves the right to restrict the hours of aperation, if complaints are received in the future. 2) Issuance o� this conditional use permit is for the size and extent of use particularly mentioned herein. Any expansion of floor area devoted to restaurant use or any inclusion of facil.ities for dining on the premises shall require application and review of a new conditional use permit prior to such expansion. Sale of the business or pre- mises to a new owner or conversion to a different • use shall requir_e application and review by the �'ity for approval to transfe.r this conditional use permit. - - �• �-- Wi1i.���r? e�iear Pag.: � • 4 - ,�� � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1289 • - • • 3) This conditional use permit is void if a cer- tificate of occupancy has not been issued by July 13, 1982. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 13, 1981. �,,�,� �_ . ��� . llia . Van Nest, Mayor Mary C. Butler, Acting Mayor • ATTEST: G%U Sandra Woytcke , De t�ler •