HomeMy WebLinkAboutResolution 5023 O
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`q$ESg 3 NO.
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTIONS 10.28, SUBDIVISION 3A
AND 10.20, SUBDIVISION 3B,
FOR PROPERTY LOCATED AT
865 FERNDALE ROAD NORTH
FILE NO. #03-2920
WHEREAS, St. Edward the Confessor Episcopal Church (hereinafter "the
"applicant"), represented by Lynne L. Whitacre, Senior Warden of St. Edward the Confessor
Episcopal Church, is owner of the property located at 865 Ferndale Road North within the City of
Orono (hereinafter"the City") and legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit per
Municipal Zoning Code Sections 1.0.28, Subdivision 3(A) and 10.20, Subdivision 3(B)to permit a
church use on the propeiLy iii iiiC RR-in zoiiilig uisirict; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on July 21,2003, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#03-2920.
2. Churches are a conditional use in the RR-1B zoning district,subject to the proposed
use meeting all requirements of the Zoning Chapter and subject to Conditional Use
Permit approval by the City Council.
Metro Leon! Services Inc.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`9kESS0 NO. .50 2 1.3
3. St. Edwards was originally granted Council approval for a building permit for a
church on the property in 1966. The church building was subsequently constructed,
and has been in use as a church since 1967. However, City records indicate no
formal CUP was ever granted for the church use. The church building was destroyed
by fire in April 2002, and the congregation has decided to rebuild in the same
location using the existing foundation.
4. The church was granted a CUP to permit the use of a day care/pre-school in July
1987,making use of lower level spaces in the church building.That CUP remains in
effect.
5. The existing/proposed building location is centered on this 4+ acre property, and
meets all pertinent building setback requirements. The building location is more than
26'from delineated wetlands in the NE and NW corners of the site. Reconstruction
of a church building on the same foundation is acceptable subject to confirmation by
the applicant that the foundation can structurally support the proposed new building.
6. Parking for the church use is regulated in terms of minimum number of spaces and
location. The number of stalls is determined by the seating capacity of the main
assembly room, at a rate of 1 stall per 4 seats. The main worship area has seating
designated for 143 persons,with an overflow area for an additional 40,totaling 183
persons:
Main Assembly Room Seating Capacity: 183
Required Parking Stalls per Seat: 0.25
Required Parking Stalls: 46
Proposed Parking: 59 Stalls
The current parking lot has approximately 80 stalls; the westerly parking wing is
proposed to be converted to a bituminous turnaround and a meditation garden. The
Cityhas no past parking issues with St. Edwards, and the proposed parking reduction
will still yield a conforming number of stalls.
Section 10.61, Subd. 5(A), requires that "open parking spaces on lots must have a
location other than a required yard except that such parking may be located in a rear
yard to within ten feet of an interior side lot line and to within ten feet of a rear lot
line." The existing parking lot ranges from 10' to 15' from the southerly lot line.
While the south lot line is a side lot line and not a rear lot line, parking is not
proposed to be relocated.The City is aware of no past issues with the parking on this
site.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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7. No new signage has been proposed. The primary sign is located in the NE corner of
the site, meeting the 10'property line setback requirement and posing no problems
for traffic. In "R" Districts, one nameplate sign for each use permitted by CUP is
allowed with no more than 12 s.f. per surface. The existing permanent sign is
approximately 50 s.f. in area of each side and would require a variance if it were to
be replaced.
A second,smaller hanging banner type sign is along North Ferndale at the driveway
entrance, approximately 2' x 4' or smaller per side, no more than 10-15 s.f. total of
both sides.
Continued use of the existing signage is acceptable, subject to the condition that any
new signs would need to be submitted for review prior to issuance of a permit.
8. The existing church driveway accesses North Ferndale Road approximately 220 south
of the Ferndale/Co.Rd.6 intersection. This access point is appropriate and poses no
problems for sight distance.
9. Re-use of the existing foundation and conversion of portions of the westerly parking
lot will have little if any impact on the drainage of the site. No grade changes are
proposed.New amenities to the site will include a bituminous walkway leading from
the parking lot to the lower level,presumably for handicap access,and a new stairway
adjacent to the east wall of the building is proposed. A 24' x 40' bituminous or
concrete `patio' apron is proposed at the walkout level, meeting the 26' wetland
setback.
10. No lighting plan has been indicated on the submitted plans. City ordinances require
that light sources not be visible at the lot lines.
11. The site is served with sewer from Plymouth,but has its own well. Because the new
church building will be required to be fitted with a fire suppression sprinkler system,
the church is advised to work with the City of Plymouth to obtain municipal water
supply.
12. The proposed building has a peak height of 47'above the high side grade adjacent to
the building. City code establishes by definition that height is measured to "the
average height of the highest gable of a pitched or hipped roof". The defined height
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RESOLUTION OF THE CITY COUNCIL
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of the proposed building using the main roof gable running from end to end of the
building is 28.8',meeting the required 30' limit.
13. The only potentially affected neighboring properties are two homes located
approximately 200' south of the site, which are significantly separated from the
parking lot so as to minimize any real impacts; and a home to the west with
significant separation and screening from the church buildings and parking areas.
Staff has not received any comments from neighboring property owners.
14. The church is proposing to construct an accessory detached storage building up to 200
s.f. in area to be located generally southwest of the main church building. Such
structure must be located at least 50' from property boundaries.
15. The Orono Planning Commission reviewed this application on July 21, 2003 and
recommended approval as proposed on a vote of 7 to 0.
16. The City Council finds that granting a conditional use permit for continued use of the
property for a church use will not be detrimental to the health, safety or general
welfare of the public, would not adversely affect light, air nor pose a fire hazard or
other danger to neighboring properties, nor will its use depreciate surrounding
property values and that the proposed level of use of the property will be in keeping
with the intent and objectives of the Zoning Code and Comprehensive Plan of the
City.
17. The City Council has considered this application including the findings and
recommendations of the Planning Commission,reports by City Staff, comments by
the applicant and the effect of the proposed conditional use permit on the health,
safety and welfare of the community.
CONCLUSIONS, ORDER,AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
conditional use permit per Municipal Zoning Code Sections 10.28, Subdivision 3(A) and 10.20,
Subdivision 3(B)to permit a church use on the property located at 865 Ferndale Road North,subject
to the following conditions:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
SK0 NO. rJ ® 2 3
1. The property shall remain in conformance with the site plan attached as Exhibit B to
this resolution. Any future alteration to the site plan,that will expand the conditional
use, shall.require an amendment to this conditional use permit approval.
2. Future replacement of site signage will require separate review and approval at the
time such signage is proposed.
3. An accessory storage building up to 200 s.f. in area may be constructed generally
southwest of the church building,shall meet a minimum setback of at least 50'from
all lot lines, and shall be subject to a separate building permit prior to installation.
4. Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by application for a building permit
within one year of the date cf Council approval or the special conditions of this
resolution will expire on that date (August 11, 2004).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
6. The undersigned applicant has read,understood and hereby agrees to the terms of this
resolution and on behalf of itself, its heirs, successors and assigns,hereby agrees to
the recording of this resolution in the Chain of Title of the property.
e ryy
r _ Adopted by the Orono City Council on this 11th day of August, 2003.
y, 2A.T,TEST, ,
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a
� fit(ity Clerk Barbara A. Peterson,
Mayor
Pro erty Owner(s)
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`91tESg0g' NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
.�h
The foregoing instrument was acknowledged before me on this C day of ���+ ,2003
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
? r"' RACHEL DODGE --�
l NOTARY PUBLIC-MiNNE OTA ��' Notary Public
c
My Commission Expires Jan.31, ..
STATE OF MINNESOTA
COUNTY OF HENNEPIN
h
The foregoing instrument was acknowledged before me on thislZ�day of �f,2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
:-
RACHEL DODGE _Ck L_ k SL- - t
NOTARY PUBLIC-MINN_^OTA
14
My Commission Expires Jan.31,2305 r" Notary Public
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
9kESao NO. 5023
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this t04 day of 2003
by Lynne L. Whitacre , as Senior Warden of St. Edward
the Confessor Episcopal Church, a Minnesota religious corporation under the laws of the State of
Minnesota, on behalf of the corporation.
7DENISE
M.LESNotary Public
Page 7 of 7
5023
Exhibit A
Legal Description
That part of Government Lot Three(3),Section Twenty-five(25),Township one
Hundred Eighteen(118),Range Tv+:enty-three(23),lying South of a line described as
beginning at the Southwest comer of said Section 25;thence North along the West line
thereof 1750 feet;thence Easterly deflecting to the right 93'15'a distance of 2289.7 feet;
thence deflecting to the right along a 20 curve(delta angle 28' 35' tangent distance 729.8
Zf' feet)a distance of 1429.2 feet;thence Southeasterly tangent to said curve a#kdance of
252 feet;thence deflecting to the left along a 1'30'curse(delta angle 140 36' and
tangent distance 4905 feet)a distance of 975.5 feet;thence Southeasterly tangent to said
v last-described curve a distance of 538.5 feet;thence deflecting to the left along a 3° 30'
curve(delta angle 34°50'and tangent distance 513.6 feet)to its intersection with the
East lune of said Section 25,and there ending. EXCEp that part thereof lying West of a
line drawn North perpendicular to the South line of said Government Lot 3 from a point
thereon distant 493 feet West ofthe Southeast comer of said Govern- Lot 3,
according to the U.S.Government Survey thereo4 including any part or portion of any
street or alley adjacent to said premises heretofore vacated or to be vacated.
�v Subject to Easement taken for Co.Rd.6,as set forth under Doc.Nos.2924977 and
3451304.
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