Loading...
HomeMy WebLinkAboutResolution 1386 .r�- � .�� � � ''(/ • � Clt� o� ORONO � RESOLUTION OF THE CITY COUNCIL • __ NO. 13 8 6 �'"�� � - � - � � A RESO.LUTION APPROVING A SETBACK VARIANCE FOR THE FIRST NATIONAL BANK OF NAVARRE FOR A PROPERTY LOCATED AT 2445 SHADYWOOD ROAD ' WHEREAS, the City of Orono is a municipal corporation organized under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statute 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, pursuant to Ordinances 32.300 and 35. 356 David J. Delaney, president of the First National Bank of Navarre, has applied for a side .yard setback variance to permit construction of an overhead . canopy structure that will extend to within 3. 5 ' of the south property line on a property. legally described as: That part of Lots 1 and 2, Block 4, Townsite of Langdon � Park, described as follows: Commencing at a point on • the Northeasterly line of said Lot 2, a distance of 328 . 17 feet Southeasterly from the Northeast corner of said Lot 1; thence Southwesterly along a line a distance of 16 . 54 feet to the Southwesterly right-of-way line of County Road No. 19, which point is the actual point of beginning of the land to be described (said above Southwesterly l.ine is described as follows: Commencing at a point on the Northeasterly line of said Lot 2 a distance of 328. 17 feet Southeasterly from the Northeast corner� of said Lot 1; thence Southwesterly a distance of 300 feet to a point distant 242 .87 feet Southeasterly of a point 100 .0 feet East from a point ori the West line of said Lot 1 distant 234 . 0 feet 5outh from� the Northwest ' corner of said Lot 1) ; thence continue Southwesterly " along the above-described line a distance of 250. 0 feet; to a judicial landmark; thence Northwesterly a distance of 100. 0 feet to a judicial landmark; thence Northeasterly a distance of 250. 0 feet to a judicial landmark on the Southwesterly right-of-way line of County Road No. 19; thence Southeasterly along said right-of-way line a distance of 100. 0 feet to the point of beginning. WHEREAS, the City Council has reviewed the application; the recommendations of staff and the Planning Commission and letters and comments by the applicant. • Page 1 of 5 • � F � Cit� o� ORONO • . � RESOLUTION OF THE CITY COUNCIL . � NO. 1386 � • � • • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the setback variance of David J. Delanev . to permit the construction of a canopy structure in conjunction with the installation of dual remote lanes for the First National Bank of Navarre based on one or more of the following findings of fact: 1) The property is located within both the B-3 and B-4 - commercial zoning districts. The total area of the property is approximately 25, 000 sf; the predominant zoning district, B-4, requires 20, 000 sf of area. • The property is 100 ' wide; the B-4 zoning district � requires 100 ' of width. 2) The bank has operated from this site since 1964 . 3) The applicant proposes installing a second remote lane adjacent to the existing one on the south side ' • of the existing structure. In conjunction with the installation of the second remote lane, a canopy structure will be erected that will extend 15. 5 ' from the bank structure and 3. 5 ' from the side lot line. 4) The proposed canopy structure will require a side setback variance .as follows: B-4 Commercial Zoning District , • requires 15 ' side setback � � existing 16. 9 ' - at rear SW corner of bank proposed 3.5 � variance 11.5 or 760 5) The installation of. the second remote lane will also necessitate relocating sections of the existing retaining wall and rebuilding one along the south property line. 6) Dr. Paul Englund�, property owner to the south, has submitted a l.etter dated April 2, 1982, giving his consent to the construction of such a retaining wall, portions of which may extend over the shared lot line. • . Page 2 of 5 �° ) 4 � � � ;: ,Ci.t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 1386 . � • � � • 7) Six inch curbing will be installed along the south property line to define the access corridor and prohibit the unsafe use of adjoining access corridors by customers of both the bank and dental office. . 8) The total plan for the site will include the following additional improvements: a) 6 inch curbing along the front property line to define a separate entrance and exit for the site. " b) A new traffic flow plan with the required signage. c) Redesign of front parking lot as recommended ' by staff. � d) Landscaping along ,the front lot line specifically . • small plants in flower boxes. 9) The City Engineer, Glenn Cook, in his review dated . April 19, 1982, has approved the entire plan as an acceptable two lane facility. 10) The First National Bank of Navarre has stated that contractural obligations will require that their new bank be buiit by 1985. The proposed improvement� will allow safe and efficient use of the existing facility for the next three years. 11) The bank structure consists of approximately 3, 364 sf in area; ordinance requires that the bank maintain 17 parking stalls. The bank has maintained a total of 22 stalls based on the number of permanent full time and part time employees. . , 12) The applicants submitted two alternate plans that relocated the dual remote lanes to the rear of the bank. The rear locations would have required either the loss of required parking stalls or further encroachment into the property to the south. • Page 3 of 5 � r� � . r � . d � C�t� o� ORONO . • _ � . - RESOLUTION OF THE CITY COUNCIL . � NO. 1386 • • - • • 13) The dental office on the property to the south is located 10 . 6 ' from the shared lot line. Further encroachment by the bank would have created potentially hazardous conditions for the public using both the ' � bank and dental office facilities. 14j The special conditions and hardships applying to this property are peculiar to such property and immediately adjoining properties. 15) The granting of this application is necessary for the preservation and enjoyment of a substantial property right of the applicant. • 16) The granting of this proposed variance will not in any way impair health, safety, comfort, morals or in any other respect be contrary to. the intent of the • Zoning Code and the Comprehensive land use plan of the City. 17) The granting of this variance wi7.l not merely serve , as a= convenience to. the applicant, but is necessary ' to alleviate demonstrable hardship or difficulty. . I FURTHERMORE, � BE IT RESOLVED that based upon the toregoing findings the City Council approves the setback variance for the construction of an overhead canopy at 2445 Shadywood Road' subject to the following conditions: 1) Applicant must redesignate parking. stalls in front parking area pex• revised plan, Exhibit A. 2) Prior to the issuance of a building permit for the canopy, applicant must submit a copy of the temporary easement or agreement between the bank and property owner to the south dealing with the encroachment of . the retaining wall and location of second remote lane. ,, 3) Applicant agrees to remove canopy structure and outer remote lane with island when the bank moves to new location. ' � I Page 4 of 5 i J" . � . (� � Cit� o� ORONO • - 4�. � RESOLUTION OF THE CITY COUNCIL . � , NO. 1386 • - • • . Adopted by the Orono City Council on this 24th day of Mav , 1982. . u� � . William B. Van est, Mayor ATTEST: - Gv (���%?� Albert M. Stro , City C1 k • I have read and understood the above resolution and agree on behalf of myself, President and major shareholder of the First National Bank o�f Navarre as president and sole owner of Orono Financial Incorporated, a Minnesota Incorporated holding company, holding over 80� of the ownership shares of the First National Bank of Navarre, and on behalf of the remaining shareholders that the use of the above described property may be so .regulated by the City of Orono and agree to the filing of a. copy of this resolution in the chain of title to the property. . ' David J. Delaney President, First National Bank of Navarre STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , The foregoing instrument was acknowledged before me this day of , 1982, by .r_ , y � .1 z • _ /' .. .� .. + ; V . Notary Public '�, jL y � . � � /' . �'-- :. ' � -� ' ,�� Page 5 o f 5 � -'� ' �: , J �� . v � �1 ��. _ . __._._ ------ � �e �' . . ��� ��-��. /��f/'_'' ' �� . EX�8��3@`�' . ..� � ,� � /' g,6 n _ � - .; � f � � w� . _ _�._....._._. , � ____ .,;. ,._, ' �4. :r:.�� :.+�4 . ;..y�,�% �`.r. ••..... �,� �� q.�{�brr; ���S�a � . . . ..}�p:��r � '� M P�L�a`f;� " �,.. O � � . . i. �•;r,, ' . !� • , � - � ' . "4��:.T� b�ry. ` • ' , �`�,'�a�+ ' . � ���' O • • . . . . �eR� ' �E . � . :�'.: • "a ,��. . • , `a' s�9a ,• .�6 � ' --�- (�+ • - °' � . . , � ' ���: . . . _ - � �,�a�'�'��',��;:t� � � ' �Y.� � � .�' ' �� . ' . -�. . . . • r ` • , , �. � I � � . � ��, ' . . xy � , . • .' � , a, r� . >�' � � ' . � � .. :���._ . ,, . � �f . :� • . � � .:��'�''�,ti' � �°. � . ' � `y _ .� ` ' .�� . ^S?.,��,' . y : �`7" .j S', ' . .. �7 +4 , � S.. ��r �- �.Li4;': � p... :.'r(� '�'.i - ,F , � k• ,�. � r �'r .T ~�+ �..a�� � R � � �� . � �r t . .. � ^�+� n � -�, � 'a., r r E i �,i .^.: . � . _ �a'� � , �,�'�, J J 4 .� .r �1 � � l .� "' .�4 4�� r y .+�'`tir�" r� F r�r a »�A �L,$.d'1�,,.,i'�, 'S�,t�a ,�,.t . ..y � . �, . . � , v. Y -x• S�� ,.xy ,�y-_ � ��'x'� ' .r� `4�: �, r . . .,..,.J „ . __' �a a.! �- p•. s.� . . . . �. r ti�.. . .�+,� ^• • . ' ' 1 ` - .• .J.sr .(:4.' .......�'w ...... ,..a.a. .�:wi.a ..�. . �..i..,�.i6.d'.L`_!.� c...?.1.W+r:�..�^�R„ :��jf� �. " � � � � � :�j 7p ' ` � �,; ' � ,� � �p• � � (d =� j � g � � � { ' � . . � , , . . . - z � -n � ' � � t r� � � � �' , " �' � � � • �