Loading...
HomeMy WebLinkAboutResolution 1377 ♦ � 'T.� Y `�� C�t� o� ORONO d . i ,� �: RESOLUTION OF THE CITY COUNCIL . ��° � No. l3?7 .. C�`� • ,� ;� � � � ` APPROVING A CONDITIONAL USE PERMIT ...�,;�Y�;�?:� `'`k � FOR VICKI WISEGARVER AND TOM BROKL AUTHORIZING CONTINUED NON-CONFORMING USE w OF RESIDENTIAL PROPERTY AT 3800 WAYZATA BLVD FOR COMMERCIAL PURPOSES AS LIMITED HEREIN 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 , the subject of this resolution is certain res- identially-zoned property located at 3800 Wayzata Blvd in the City � of Orono, hereinafter referred to as the "Wisegarver Property" , � which is legally described as follows: l. "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 tax parcels identified as follows: Y a) PIN 29-118-23 34 0002 . b) PIN 29-118-23 34 0005 c) PIN 29-118-23 33 0006; and . .. WHEREAS, use of the Wisegarver Property has been the ' subject of previous City Council actions including: l. A non-conforming use conditional use permit issued to then owner-occupant Mayona Sundlin on September 13 , 1968, for: 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. " Page 1 of 15 . . i' � r d�i�r�� C�t� o� ORONO .�f. � :�� � � RESOWTION OF THE CITY COUNCIL ._,��h Na ��7 7 � . -,4,. • - • i� __t 2. Resolution No. 1239 Finding Facts and Denying the Variance and Conditional Use Permit Applications by Orton and Vicki Wisegarver � adopted January 12, 1981. � 3. Resolution No. 1271 Regarding the Status of Property known as Kellers Market, 3800 Wayzata Blvd adopted r�ay 11, 1981; and WHEREAS, the Wisegarver property was the subject of a temporary restraining order issued by Hennepin County District Judge Lindsay G. Arthur on April 9 , 1981, which order enjbined Orton and Vicki Wisegarver individually and doing business as Kellers Market from operating any business or permitting any habitation 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 Kellers Market � busi�nessYaasbeen closed to the public and all non-conforming commercial use of the property was discontinued; and WHEREAS, on December l, 1981, Vicki Wisegarver and Tom Brokl the proposed lessee of the Wisegarver Property, hereinafter referred to as "The Applicants" , have applied for a new non-conforming use conditional use permit to allow correction of the various building and fire code violations and to allow reopening of a limited commercial non-conforming use on the Wisegarver property; and WHEREAS, the City Council has reviewed this new application, the recommendations of staff and the Planning Commission and written and oral comments of the applicants. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono hereby makes the following Findings of Fact: 1. The Wisegarver 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 sf � Minimum Lot Width: 200 feet � Minimum Front Yard, Rear Yard or Side Yard Adjacent to Street: 50 ' Minimum Interior Side Yard: 30 ' � Page 2 of 15 , � ? � ������ Ci.t� o� ORONO d � • ' ;��""`'�J � �'•�'":°� RESOLUTION OF THE CITY COUNCIL . :. �, NO. /?7?--- �'.'`;�� • - • ��' � :,�;: 2. The Wisegarver property, including all three tax parcels, . contains 71, 482 sf or 1. 641 acres according to a certificate of survey by Gary Gabriel dated April 19 , 1980, as revised February 25, 1982. 3. The Wisegarver property contains the following structures or improvements as shown on the Gabriel survey: a) One 49. 0 ft X 60. 0 ft concrete block main building plus� a 5. 0 ft wide open awning or canopy over a concrete . slab on the southwest or front side. This building previously housed the Kellers Market commercial use referrenced in Resolution No. 1239 , and prior to that it contained the Sundlin (later Cirspinski) residence and 12-Hi Market referrenced in Resolution No. 1239 and in the September, 1968 conditional use permit. This building is setback � 14 . 2 ft from the Wayzata Blvd highway right-of-way, and the awning or canopy extends 5 ft closer to within 9 �t of the right-of-way. b) One 24 ft X 26 ft detached residential garage converted to commercial sto�-age purposes, referrenced as the "cold storage building" in the September 1968 Conditional Use Permit. � . c) One small storage shed or root cellar built into the hillside east of the main building. d) One 16 ft X 40 ft wood framed "greenhouse" no longer in use. e) Asphalt paved parking lot around the south, west and north sides of the main building with paved driveway accesses one each to Wayzata Blvd and to County Road 6. 4. The Wisegarver property is owned in fee by Mayona Cirspinski (nee Sundlin) as contract for deed vendor to Keller Trust, contract vendee and Trustee for Vicki Wisegarver' s five minor children. Applicant Vicki Wisegarver has the power to act on behalf of the Keller Trust. 5. Orton Wisegarver, the principal applicant and subject � of Resolution No. 1239 , no longer has any interest in . the Wisegarver property or in the current application. Page 3 of 15 . � i � : ��;:` Clt� o� ORONO • .. '-:d����:'yy.. �' �'�� RESOLUTION' OF THE CITY COUNCIL ���� � No. t 3�� .. CT��"=���� - . • - . .� .,� . 6. Applicant Tom Brokl intends to lease the Wisegarver property from the Keller Trust and then to operate the business and property as Echowind' s Country StorP. 7. The findings of fact contained in Resolution No. 1239 are hereby reaffirmed and made a part of this application and this resolution as if fully set out herein. Some of the more pertinent findings are restated as follows: a) Mayona Cirspinski lived in and used approximately one half of the main building as her residence until September 9, � 1977, when all residential use of the premises was terminated upon purchase of the property by Orton and Vicki Wisegarver. b) Sometime after September 9 , 1977, Orton Wisegarver made several structural changes in the main structure by removing the conforming residential apartment and thereafter increasing , � the non conforming commercial use. . , c) These structural and use changes were made without obtaining building permits without obtaining the rec�uired conditional use permit and approval by the City., and in violation of zoning code provisions prohibiting changes in or expansion of non-conforming uses. d) Outdoor sales and storage activities increased dramatically and resulted in unpermitted commercial use of required yard and setback areas, and otherwise created distractions for motorists trying to negotiate the the Highway 12 County Road 6 intersection. e) Reconstruction of the highway intersection by the State Department of Transportation in 1980 resulted in a quick-take condemnation of a portion of the original Wisegarver property as shown on the February 25, 1982, Gabriel survey, and further resulted in severing of a portion of the on-site sewage treatment drainfield causing surfacing of untreated effluent and failure of the septic system. f) The existing driveway entrance onto Highway 12 was judged to be a safety hazard and recommended for closure by Chief of Police Mel Kilbo and Public Works Coordinator � John Gerhardson for the following reasons: l. lack of sight distance to the east 2. conflicting intersection movements Page 4 of 15 d ����� Ci.t� o� ORONO � � ,; L� , RESOLUTION OF THE CITY COUNCIL .. `. NO. I�?�I �;,��;,,;, �►- • � • � • 3. lack of deceleration lane to Kellers driveway 4. existing driveway location allows unsafe movements , across Highway 12 to/from westbound County Road 6 5. discourage "impulse" decisions where through travellers suddenly stop and turn without adequate warning 6. dramatic increase in frequency of accidents at the Highway 12 - County Road 6 intersection in last year' s ' time 7. existing entrance is too close to intersection 8. 55 mph speed limit is too fast to encourage turning movements d� 9. pedestrian traffic is attracted by outdoor displays adding to potential conflicts and hazards ' 8. Resolution No. 1239 concluded by finding that the Kellers Market use as existing on the Wisegarver property at that time constituted a violation of the Orono Zoning Code and the Comprehensive Plan, and that the requested conditional use permit was denied until such time as the various physical prpblems and building code violations were corrected, and the property use returned to a level consistent with the original conditional use permit issued in 1968. � 9. After adoption of Resolution No. 1239 , Orton Wisegarver kept the Kellers Market business operating and open to . the public with little or no attempt to correct the violations or problems noted in that resolution. 10. In March of 1981, routine building and fire prevention inspections revealed a long list of building code and fire code violations which were judged to be direct safety hazards to the public. Correction orders were issued to Orton Wisegarver on March 11, 1981. Failure to correct these violations and failure to answer subsequent citations resulted in the City seeking a temporary restraining order requiring closure of the business to the public until the itemized safety hazards were corrected. � -1.7.. On April 9 , 1981, Hennepin County District Judge Lindsay G. . Page 5 of 15 � _ ��� . Cit� o� ORONO � K�� ��w�� RESOWTION OF THE CITY COUNCIL � , ;� �';• .. '•�:� NO. /� 7 7 � ;:S- • � • ���. Arthur issued a temporary restraining order enjoining Orton and Vicki Wisegarver individually and doing business as Kellers Market from operating any business or permitting any habitation or use of the premises until further Order of the Court or until the various building code and fire code violations as noted therein were corrected to the satisifaction of the City. 12. Following issuance of the Temporary Restraining Order, the City Council adopted Resolution No. 1271 to clarify the status of the property. The findings of fact and conclusions of Resolution No. 1271 are hereby reaffirmed . and made a part of this application and resolution as if fully set out herein. Some of the more pertinent findings and conclusions are restated as follows: a) " . . . . . . .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 of the non-conforming use provisions of Section 31. 100 of The OronQ Zoning Code. " b) "Issuance of new permits as required for any construction or alteration work on these premises shall be subject to prior approval of a conditional use permit by the City Council. " c) "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 RR-1B single family residential zone pursuant to Section 31.100 of the municipal code. " , d) The new application and intended use shall be con- sistent with the directions contained in Resolution 1239 and with the provisions of the original nonconforming use conditional use permit issued to D4ayona Sundlin �.- � on September 13, 1968. Page 6 of 15 . , � +`��'P Ci.t� o� ORONO d��. � �"� �u RESOLUTION OF THE CITY COUNCIL a • �,�° No. /3�7 • - • '• e) 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 premises to the public. 13. This current Conditional Use Permit application by Vicki Wisegarver and Tom Brokl was made with full knowledge of the existence and contents of Resolution #1239 and Resolution 1271 and Judge Arthur' s temporary restraining order. The current application is made with the intent of resolving all the violations noted in said documents and of complying with all requirements of the City so as to reopen a limited commercial produce and grocery market consistent with the 1968 non-conforming use conditional use permit issued to Mayona Sundlin. � 14. A review of the current application by the Hennepin County � Department of Transportation has resulted in a recommendation to eliminate the existing driveway access onto County Road 6 and to serve the entire. site with one new access onto County � Road 6 located approximately SOft. east of the existing de- tached garage as shown on Exhibit A. 15. A septic site evaluation report has been submitted to the City and approved by Michael Gaffron, City On-Site Manager. This report calls for an entirely new mound-type drainfield to be installed on the hill east of the garage structure, citing the area of the existing failing on-site system as unsuitable for continued use as a drainfield area. 16. Vicki Wisegarver and Tom Brokl have agreed to obtain required permits and to do the physical repairs and improvements cited in the temporary restraining order and as the March 11, 1981, City Correction Order, including but not limited to: • a) Correcting fire code violations b) Repairing or replacing structural work so as to correct building, plumbing and mechanical code violations � c) Installing a new conforming on-site sewage treatment system. ' � �' 17. Vicki Wisegarver and Tom Brokl have agreed to reinstall living quarters within the main building which quarters Page 7 of 15 ;��*� Clt� o� ORONO d � k= � � F'�.. '`s` RESOLUTION OF THE CITY COUNCIL ,� NO. ,L„�� � • - � .,:;. will be occuppied as the primary residence of an individual involved in the operation of the business on a daily basis. This installation will return conforming resident3al use to the premises in accord with the 1968 conditional use permit. 18. Vicki Wisegarver and Tom Brokl have agreed to revise the parking area and driveway accesses to remove and eliminate all vehicle access to Highway 12 and to remove and relocate the access on County Road 6 from the existing location to the new location as approved by Hennepin County Depart- ment of Transportation. 19. This current application, its intent, its review, and the promises of the applicants satisfy the orders and direction contained in Resolutions No. 1239 an�d 1271. � THEREFORE, BE IT FURTHER RESOLVED that based upon the above findings of Fact, the City Council of the City of Orono hereby grants a non-conforming use conditional use permit to the Keller Trust and Vicki Wisegarver subject to the following conditions and limitations: l. This Conditional Use Permit shall be issued pursuant to Section 31.100 et. seq. relating to continuation of existing non-conforming uses, but prohibiting expansion of non- conforming uses, and preventing changes in use except to conforming uses. 2. This Conditional Use Permit shall authorize limited com- mercial use of the Wisegarver property as an accessory use to the permitted residential use of that property. If residential use of the Wisegarver property should cease � in the future, then the non-conforming commercial use shall also cease. 3. The commercial use authorized by this Conditional Use Permit shall consist of, and be limited to, the following: a) Retail but not wholesale sale of farm produce, nuts, fruits, vegetables, bedding plants, christmas trees, flowers and similar items grown on or off this property. � b) Retail sale of normal grocery items including food . stuffs, bakery goods, dairy products, packaged meats, fish Page 8 of 15 � . . �. , C�t� o� ORONO � .4. . . :� �� � �� � RESOWTION OF THE CITY COUNCIL �� � No. /37� C�'-``ri � _ � , � ,,,. . or poultry, candy, tobacco, sundries, cooking or cleaning supplies, paper products, pet food or bird seed, etc. Food shall not be cooked on the premises or otherwise prepared or served for immediate consumption either on the premises or in the form of take-out restaurant or delicatessen service. . c) Retail off-sale of 3. 2 beer subject to separate con- sideration of licensing provisions and requirements. d) Retail accessory sale of miscellaneous items including small crafts, pottery, food or cook books, :garden supplies or small quantities of firewood provided such sales are accessory to the grocery or produce business. e) Commercial sales and storage shall be confined within the main building except as specificially permitted herein. • f) Outdoor .sales of produce, plants, garden supplies or seasonal items such as pumkins, christmas trees, etc. shall be permitted provided such activities are confined to an area of approximately 500 square feet located east of the main bui:lding as indicated on Exhibit A. Outdoor display or sales may not occur in the parking lot nor in the "porch" area of the main building nor in the front yard setback area nor in any highway right-of-way. g) Exterior storage of commercial stock, fixtures or supplies shall not be permitted except within the designated outdoor sales area. h) The existing detached garage may continue to be used for inside commercial storage, or may be reconverted. to a garage at the applicants discretion. � i) Commercial signage for the entire property shall be limited to approximately 100 square feet including any temporary or portable. signs. j ) Produce may be grown on-site for sale on the premises. k) The maximum number of regular employees on the premises � at any one time shall not exceed 4 , which number shall include the resident-employee. Page 9 of 15 . . �•, � y a� ���� o� ORONO d���;:�. � • � :. ` ''� RESOLUTION OF THE CITY COUNCIL q . �Y'�� NO• l�, �� � ;,,� . • - • • : 1) The commercial/retail business may be open to the public 7 days a week but the hours of operation shall be limited to between the hours of 7 : 00 A.M. and 9:00 P.M. m) At least 14 parking stalls each at least 9 ' X 20 ' in size shall be available at all times to support the approved level of commercial use (1600 sq ft interior retail + ' 500 sq ft exterior retail = 2100 sq ft ; 1 space/150 sq ft) , plus at least 1 parking stall maintained for the �private use of the required residence. Designated parking stalls shall not be located so as to interfere with required building exit doors, service doors or required space for delivery trucks and/or trash containers. 15 spaces are indicated on Exhibit A. 4. The residential use required by this Conditional Use Permit shall consist of at least the following minimum reguirements: • a) 600 square feet of the main building devoted to a re- . , sidential apartment including bedroom, bathroom and living area. The residential toilet may also be used for the required commercial toilet if it conforms with building code requirements for public use. ' b) Independent access to the residential unit separate from any acCess thru the commercial area. c) At least 1 residential parking space as noted above. 5. The required residential apartment shall be occuppied ' as the primary residence of an individual employee, manager or owner who is involved• in the operation of the business on a daily basis. 6. The main building shall be used for both the required residential use and the authorized limited non-conforming commercial use. Of the total 2940 square feet building, , at least 600 sq ft shall be devoted to the residential . use and no�t more tlian 1600 square feet shall be devoted � to interior retail sales area (including the semi-enclosed south side veranda but excluding the 5 ft open "porch") . The remaining areas may be circulation space and commercial . storage, office or preparation areas. No reduction in _ the required residential area shall be permitted. No ex- pansion of the commercial -retail area shall be permitted. , Page 10 of 15 � ���.P�7.; C�t� o� ORONO • �� �� RESOLUTION OF THE CITY COUNCIL _. 'f`� NO. � .;� � �— • - • ..� .'-' Any such commercial expansion would constitute a violation of the terms of this Conditional Use Permit and would be � a violation of Zoning Code Section 31.108. 7. Prior to reopening of the business to the public, the applicants or their contractors shall obtain all required permits and shall abate and correct all fire code violations and all building code violations as noted in Judge Arthur' s April 9 , 1981, Temporary Restraining Order and in the City' s March 11, 1981, Official Correction Orders. Correction of these items will be verified by the City Building In- . spector according to State Code standards and requirements. • 8, Because of the time of year, the City will authorize strictly temporary use of the existing septic tanks as sealed holding tanks which shall be regularly pumped to remove all effluent from the premises provided that • as a condition of this permit the applicant` s hereby agree to install a new mound-type on-site drainfield . and associated pumping system in accordance with the design prepared by Hankanson Anderson Associates dated December 4, 1981, as reviewed and approved by Michael Gaffron in a report dated January 29 , 1982 , which work shall be completed and in use not later than June 15, 1982. The new on-site system shall be subject to all normal permits and inspections pursuant to, Ordinance #210. 9. Upon completion of the corrective work noted in item #7 above, but not necessiarily prior to completion of the new septic system noted in item #8 above, the City Atto'rney will advise Judge Arthur that the City' s requi�ements have been satisfied and that the April 9, 1981, Temporary Restraining Order should be released. 10. Prior to reopening of the business to the public the applicant' s hereby agree to complete the County forms necessary to legally combine the three separate tax parcels of the Wisegarver property into one parcel for tax and zoning purposes. 11. The applicants hereby agree to remov�e the existing wood frame greenhouse from the Wisegarver property not later than June 15, 1982. � . 32. A specific and vital condition of this permit is that all Page 11 of 15 �{-�- �� Cit� o� ORONO d • . _ J. ^�'��f¢� RESOLUTION OF THE CITY COUNCIL �,��;��; NO. �1?�� • . • w.., ' vehicular access to the Wisegarver property be from County Road No. 6 , that no vehicular access be permitted from Wayzata Blvd, Highway 12, and that all access to County Road 6 meet the location and design approval of Hennepin County Department of Transportation. The applicants hereby agree to obtain a new access permit from Hennepin County, and any work permit that may be required from the Mi�nesota Department of Transportation, which permits will authorize the following: a) Complete removal of the existing driveway access to Highway 12 including reconstruction of the ditch line removing all traces of the existing fill. b) Similar removal, if required by Hennepin County, of the existing driveway access to County Road 6. • c) Construction of a new driveway access to County Road 6 according to the requirements of Hennepin County Depart- ment of Transportation. d) Restoration of all disturbed areas with sod or' seed. Further the applicants hereby agree to physically block- off and prevent use of the existing driveway access to Highway 12 prior to .reopening of the business to the public, and to physically complete all of the required access re- movals and changes prior to June 15, 1982. 13. The applicants are hereby notified that the City Council will not consider any future building construction, addition or expansion for commercial purposes because to do so would extend or intensify the non-conforming use contrary to the intent of Zoning Code Section 31.108 and contrary . to the intent of the Comprehensive Community Management Plan. Th�s provision does not preclude normal building maintenance, repairs or incidental alterations necessary . to continue the non-conforming use within the existing structures as permitted by the terms of this resolution. 14. Resolution No. 1271 noted for the record that April 8, 1982 , was the 12 month deadline date for reopening of some form � of commercial business on the Wisegarver property in order to preserve non-conforming use rights pursuant to Zoning Code Section 31.105. Because of� the good-faith efforts Page 12 of 15 t ♦ �"1 � � ' � d�:,�{� C�t� o� ORONO • :,::�� _ .� >'�' RESOLUTION OF THE CITY COUNCIL � _ �.;�. NO. �'?�� .. � 5'=s� � . • •�.. .,� .. of this application, the City Council hereby extends the deadline for reopening of the business to not later than June 15, 1982. 15. The applicants hereby agree that they have no vested property rights to continue commercial use of the premises except . in strict accordance with the terms and conditions of this resolution, and that the C��.ty may impose additional conditions as may be needed in the future in order to protect the public health, safety and welfare. Applicants further agree to waive any rights to object to such otY�er conditions� if after a complete and full hearing the City Council determines that such condition is necessary to' protect the public, health, safety, and welfare. 16. Based upon the findings of fact in this case, including the findings of Resolution No. 1239 and No. 1271, the • City Council hereby declares that they would have denied this current application except for the promises made by the applicants that they would strictly adhere to the . conditions and limitations set forth herein, and further the Council declares that this application and conditional use permitOshall be denied and will be considered to be invalid unless all the terms and conditions of this resolution are complied with. This declaration is made for one or more of the following reasons: • � a) Any other commercial use or any increased or expanded commercial use would not be consistent with the prior existing non-conforming use as documented in the 1968 conditional use permit for Mayona Sundlin, and therefore such use would constitute a "use" variance as prohibited by Minnesota Statutes 462. 357 Subd. 6 (1) . b) Removal or elimination of the prior existing residential occupancy would likewise constitute a prohibited "use" variance. c) Failure to correct the listed building code and fire code violations would be a direct health and safety hazard to the public., d) Failure to correct the failing septic system would ` constitute a direct pollution and health hazard to the public. Page 13 of 15 � (' ♦ �1 � � � ����= Ci.t� o� ORONO • � . ` �' � RESOLUTION OF THE CITY COUNCIL �����'` No. �3�� .. � �r� ��-�� . - . :": e) Failure to revise the vehicular access points and/or indescriminate expansion of outdoor sales activities would distract drivers and constitute a public safety hazard for all persons travelling through the busy Highway 12- County Road 6 intersection. 17. This Conditional Use Permit shall become effective upon adoption by the City Council and upon agreement and signature by the applicant Vicki Wisegarver and by the intended lessee Tom Brokl. This permit shall be automatically void if not signed by the applicants prior to June 15 , 1982. 18. This Non-Conforming Use Conditional Use Permit shall run with the land and shall be binding upon the property owners, applicants and their heirs and assigns, except as follows: a) This permit shall be automatically void for any violation � of or non-compliance with the terms and conditions of this permit. b) This permit shall be automatically reviewed and the terms and conditions reconsidered by the �City Council on or about April l, 1983, at which time such reconsideration may be required annually thereafter. � c) This permit shall be automatically transferrable to a new or different lessee/operator provided the property ownership remains unchanged and provided that prior to such lessee change the new lessee agrees in writing to the terms and conditions contained herein, which agreement shall be indicated by signature on the original copy of this Resolution as kept of record by the Orono City Clerk. d) This permit shall be reviewed and must be transferred by the City Council upon change in ownership to any party , other than the Keller Trust, Vicki Wisegarver, or Tom Brokl. • e) This permit for non-conforming use shall be' automatiGally void upon discontinuance of commercial use for a period of twelve months (Sec. 31. 105) , upon destruction by fire, flood or other calamity (Sec. 21. 104) or upon change to a conforming residential use (Sec. 31.103) . i 19. This permit shall not serve to grant any property right other than as specifically provided and conditioned herein. Page 14 of 15 ' f . • • � d ::����_ C�t� o� ORONO • � �: � ` �Y RESOLUTION OF THE CITY COUNCIL ��: No. /3�7 .. L� �;,t : �;.; • - • .�;� , 20. Any violation of or non-compliance with the terms and conditions of this Conditional Use Permit and/or Variance Resolution are and shall constitute a violation of the Orono Zoning Code which 'shall be punishable as a misdemeanor as provided therein. Adopted by the Orono City Council on this �� day of �, 1982. � ATTEST: �%.������.��� � � �\ � Alberta M. Strom, City Clerk William B. an Nest, Mayor Mary C. Butler, Acting Mayor We the owners and applicants have read and understood the above Conditional Use Permit and/or Variance Resolution; we agree on behalf of ourselves, our seccessors and assigns that the use of the above • described property may be so regulated by the City of Orono; we agree to the terms and conditions of this permit as specified herein; we agree that any violation of or non-compliance with the terms and conditions of this resolution shall constitute a violation of the Orono Zoning Code; and we agree to the filing of a copy of this re- solution in the chain of title to the proper y. STATE OF MINNESOTA ) ' Vicki Wisegarv applicant and ) ss. Attorney in Fa for the Keller COUNTY OF HENNEPIN ) Irrevocab.le Minor' s Support Trust The foregoing instrument was acknowledged before me this 3 U day of �yj ��,� , 19 8��, by �� . �p:�, c�{��ie2f � v /!�/• .%� �"_ nor H,• ;;;a,`�,l'�r,,�'t�oin Notary Puli.��c � ;•`._�f:� �oUrd7YA , MY�m�i:�ioM x�:irES Mar. 27,1987 • � ' � � STATE OF MINNESOTA ) Tom Brokl, essee ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged �before me this � .3 / day of ��.�, � , 19��. , bY yl�� �i�12-0. °`��„' c���ieztrr c�. cs't�om ' C� 1� ��� ��.�CC� NOTARY FU'tii.—MINN.soTA Notary PLl}JZ1C �`� Fict�NcPlPJ COUNTY My commiesion ex;ires Mar. 27,1987 .-...—........-----.--� �.r.....�,,.�,.., . Page 15 of 15 . . __ . . �. , ' .:;�.. .. .. _ _ � , - •^---�a..rsa �- • ,. � , �.+ � �°� _'. \� _ A. • � . �, �ESoL . � /3 7 7 �. . � � ` �XN1giT � � '4 ` � �.._?5.0 �� �5,;;;, ,: ._ � • ,' 9t 92 -i.�-;� � � � .i `n ..~' : ys�r.� � v. •�.� . � � �� '� �\ � `J' � R: i. ', �V �J• �" L . �� ��`'a / �, % `° !� o� . ,'••,, '\' � `?%�` / �'� •` ;��' �. ;'�YwJ.i' '`�^n ��nl�,' �Z` � � /�/ . ,,." ` 't;'��a��, i � J � • � �V `� / ,•. � 33.0 ; oy b i9 � /��/�� �. . . . _ . , �, / . � , , � ��, � j'Dj� ; � �� � . ,Q�� " !S� ° � � , �' , � ' " ��'� ,1 �� rn � . �a Y �,' .�� _ J � �I' '�� z . .; .�. I .. . ' �n � , � .�..'� '�s� I Z ..�J \a'ah b •' / 6�, ., , , � � �R '� n ,J° ��' ` �/� ������.� ^� �`r . ' �. +o= �� U ` � � p -- _: 11 �`� ���� s°� N\\� // J ' .Jp '� '���Z `�•' nR� . <- . ' •� .• a l: ' fl I '•`. U� ^' °. . 'ay � � �n)��Q� �`,�.\�o y . r f' � , o�� o ' _ �w A � /� , � �; �A �. � Q � / �� �O`► �p N� � �_� I � �' � , �� ~ i i J� � � � , � �jQy/ Yy� ' � ' ' .. �7� � o � h �A 6"�i v+o� --•-- - �. m , /��'� ��v+ 'o� �.,. ,.. � �' ��d c� � ,� cr v. .} �`, I � 1 ���, v � � � �; . ::�_y y �� i �'LS D�� t�� -- ��t _ � . • ' • �� b � ' � � � ^ � ^ � _ _ >^� .. � i� r��� (1 , ,; • � "�'� : �� . { � � � � , . � � � � l� � �� Z ' � � . . �_ � .- r-r-,- r� � � . , �,� . �°� ' � .,� �. ', : , N ;' . . � v ��� : :. R'• 'r,/; � ,�� . .� . � �� ' Y • � .,' 1 - i • - �k,nc,lss«Li�....,......�........:�.....:..�..�.__-• . ._.�._. �_.__ ♦ • .�.:'`� ` ^ ti � . . •esi�"�wfa4: -w,qt.'�:i°S:�'sl?.ii'1;�:$�Y�� 1• � : ; �, -- -._ __. _.__ ,� -. -, (Z�SoI.. � �� _ � ,; � - � ! : � :� \ � - � - f ExH�e�T IU . �� ' - •` _ °� r ; ; • � , _ � _.1 � � = ��L � � � ° � _ � 1_ m __ - ` �� .� ' � � v8�' � 1 � �. __—_� . o�� �. �.. , 1 � ' r M1l i�j� ? ;�;� � a m 1 '�a ° � t`�� " �'� ` '' ° , . m � �: . � � v6 . i =: �a ,_--- —�� �_ ' �� . � � ;.. --- ( - - --� � , �o ' Z � S < � � I ._ _ - � ° i �, � � ; j . � � P1 _ ' _ R< < Cl � ; m D ----__.•l� � e, _ _ . _ m � � z �- ---- � , � m � � ' � � � � . ; . � � 9 i .__ __. �"' t� — 1 � = Fi� . i ' j � �; , . . � a ; � � � _ i � � _.�L_,._—__—_._, � 3 � A , � � P� �- ; � y . � ; � , � � i - o I a ' � � i j � � —_, i = - � ��' � • '� ' ; I l I--1� C�-- ---� , . , . � � ; ;�, , � � ' � � :, � ----- : � ,. � i ; � • � . i� . . ; ,� !�.- - --�____ .. .___ N p � . '1 � • ------- , • -'� __. .. _..- - -- --- M ' t� ^' ; ' �——�—�t^ •• : .. •• �� � � , T; O �w! �`��-I'�?'Z M�� v �, ' .._. ' i I � . � „ a D N �a- 2.� ? fi _ ` - - - - - - - - -' I _ Ri t�l - „ ' � � m �.: , • , • � . v � � j ^�, o � �, � '- N ` �,.�.��� 1 I I � � � _ _ �h,�, . . _D.�:. ,� �"I .. . .;.�._ '� . ., w.,�i; _ , . .,. _,..�,.. �- -� N� � T Z � � � �� a � � � � ,� �� -a � �o � � g . s � � � N �D . � � � � �� , '� VC � T �� � - � � a � , s