HomeMy WebLinkAboutResolution 1364 _T" ' ''.y
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���� C�t� o� ORONO
'� �="�; RESOLUTION OF THE CITY COUNCIL .
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• ' • � � A RESOLUTION DENYING A CONDITIONAL USE
PERMIT APPLICATION FOR PAUL FAHZIN TO
PERMIT THE INSTALLATION OF A BAIT SHOP
AT THE SERVICE STATION LOCATED AT
1960 SHORELINE DRIVE
WHEREAS, the City of Orono 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 health, safety and general welfare; and
WHEREAS, on November l4, 1978, the Orono City Council adopted
Ordinance 214 rezoning portions of the property located at 1960 Shoreline
Drive from B-1 to •LR-lA; a property legally described as Lot 2, Block l,
Tourangeau Addition, hereinafter referred to as the property; and
WHEREAS, as an automatic condition of that rezoning Council
�dopted Resolution 961 on December 18, 1978, formally recognizing the
existing service station use on the property as a legal non conforming
use and identified the only permitted commerc.ial uses on the property; and
WHEREAS, pursuant to Resolution 961, Section IV (6) , �
"6. Other uses may be considered by the Council upon
application and upon a finding that the proposed use is
less non-conforming than the above permitted uses. "
Paul Fahlin has applied for a conditional use permit to allow the
installation of a bait shop in place of the approved car repair use at
the service station in the hope that this use would be less non conforming;
and
WHEREAS, the existing LR-lA zoning district does not permit
a bait shop use; and
, WHEREAS, the non conforming use sections of the Orono Zoning Code,
specifically Ordinance 31. 101 and Ordinance 31. 108 do not permit the
change from one non conforming use to another non conforming use nor
the expansion of a non conforming use; and
WHEREAS, the City Council has reviewed the application, the
recommendations of staff and the Planning Commission and letters from the
�pplicant.
Paul Fahlin
��a,�e 2
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d�;��-�� C�t� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
• NO. 1364
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NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of Orono hereby denies the conditional use permit application of Paul �
Fahlin to allow a bait shop operation in addition to the continued sale
of motor fuels at 1960 Shoreline Drive based on one or more of the
following findings of fact:
1) The property is located in the LR-1A zoning district
requiring a minimum of 2 acres in area; the property
consists of 11, 435 sf or . 26 acre in area.
2) A comparable use in a commercial district would have
the following minimum area requirements: B-1, B-4 and
B-5 require a minimum of 20, 000 sf in area B-2 and B-3
requires a minimum of 2 acres in area.
3) The existing 50 ' x 27 . 5 ' structure has the following
substandard setbacks for the LR-lA zoning district: •
Front: required 50 '
� existing 43 '
� variance 7 '
Rear: required 50 ' I
existing 5 . 1 ' I
- variance 44. 9 '
4) Fahlin proposes the installation of bait tanks in the
former car repair or service bay area of the station.
5) The rest of the structure will be dedicated to the sales
of fishing gear, foods from vending machines and cigarettes.
6) Fahlin' s current proposal does not include the repair
of cars but has proposed in its place the bait and
fishing gear sales shop.
7) The property is a corner lot and the allowed parking
� envelope is severely limited by 2 street side setback
requirements.
8) The property would provide at the maximum 5, 9 ' x 20'
parking stalls .
9) Ordinance 38. 314 and Ordinance 38 . 315 would require 12 �
parking stalls to meet the demands of the multi use
proposed as follows :
a) service station (without car repair) = 3 (+2 if car repair)
� b) total commercial use of 50 ' x 27 . 5 '
building or 1375 sf = g
Total = 12
P,aul Fahlin
� Pa.ge 3
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d�4� C�t� o� ORONO
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-;�'���' , RESOLUTION OF THE CITY COUNCIL
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10) The expansion of the commercial use will create
increase in traffic for an area of Shoreline Drive
°that� has a long history of congested parking and
traffic problems.
11) An inspection by Mike Gaffron on August 11, 1978,
found the existing septic system to be substandard.
12) The maintenance and operation of a bait shop wi11
create increased demands on the existing substandard
septic system. �
13) The property can not satisfy the area requirements
of the Orono Septic Code for both principal and �
alternate septic sites.
14) The proposed use would not be a less non conforming
use in the surrounding lakeshore residential zoning
zoning district but in fact is considered an expansion
• of the commercial non conforming use and in complete
violation of Ordinance 31. 108 .
15) The multiple uses proposed for the property are
considered a change to a more non conforming use and
in complete violation of Ordinance 31. 101 and
Resolution 961. •
16) The City has consistently denied variances for an
expansion of a non conforming use or a change from
one non conforming use to another.
17) Ordinance 34 . 320 - permitted uses in the LR-lA
zoning district - does not permit a ,commercial bait
shop.
18) "Use" variances to allow uses not permitted by the
zoning code are forbidden by Minnesota 1aw (462. 357
Subd. 6 (1) ) .
� 19) The multiple uses proposed would create additional
. parking and septic demands on a severely limited
property thereby creating a potential threat to
the public health, safety and welfare.
20) The proposed expansion of th��ommercial uses will
have detrimental effects on the property values of
the surrounding residential neighborhood.
• 21) The proposal would be against the intent and object� ves
of the Orono Zoning Code and the Comprehensive
Community Management Plan.
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Paul Fahlin
.: Paqe 4�
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��"�'�`' � RESOLUTION OF THE CITY COUNCIL
_ ' NO. 1364 ..
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Paul Fahlin, the le`gal owner of 1960 Shoreline Drive, may
continue to operate the service station as a legal non conforming use
within� the framework of approved uses specified in Resolution 961 and
sections of the' Orono Zoning Code that govern al1 non conforming uses.
Adopted by the City Council of the City of Orono, Minnesota
at a regularly scheduled meeting held February 22 , 1982.
W lliam B. Van est, ayor
ATTEST:
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Alberta M. Strom, City Clerk '
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