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Home My WebLink AboutResolution 5059 , ,��o� � o , o • - g ,x � CITY of ORONO a � ;. � �� ~' RESOLUTION OF THE CITY COUNCIL `��'EsKog' rvo. � � �5 g � � A RESOLUTION EXTENDING THE EFFECTIVE PERIOD OF RESOLUTIONS NO. 4845 AND NO. 4993 AND GRANTING AN INTERIM ANIENDMENT . TO CERTAIN CONDITIONS OF RESOLUTION NO. 4845 FILE NO. 03-2948 WHEREAS, WJM Properties, LLC, (hereinafter "the applicant") is ow•ner of the property located at 2605 Wayzata Boulevard West within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and WHEREAS,the applicant has applied for an interim amendment to and e�tension of the conditional use permit and industrial site plan approval originally ganted via Cit�- Council Resolutions No. 4845 adopted on August 12,2002 and modified via Resolution No. 4993 adopted • June 9, 2003; and WHEREAS,the applicant has applied for an amendment to the Industrial Site Plan Approval granted via Resolution No.4845 to allow the interim use of a sem.i-opaque fence,five feet in height that runs along the entire length of the north edge of the east parking lot and a di�-tance of thirty feet south from the northeast corn�r of said lot,instead of the previously approved landscape berms and plantings in the same designated area; and WHEREAS,the applicant has requested a 16-month extension of the effectiz-e period of Resolutions No. 4585 and No. 4993 to December 31, 2004, due to delays caused pri.marily by conditions imposed by the Minnehaha Creek Watershed District related to wetland buffer and easement requirements,as noted in the applicant's letter of request which is part of the public record of application#03-2948; and � � WHEREAS, after due published notice and mailed notice in accorda�ce with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 15,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. � Page 1 of 6 : � °� 0 0 • '� g , � CITY of ORONO ,� -. ,. � ,� t � � G RESOLUTION OF THE CITY COUNCIL �`9kESSOg'� . N0. � o � � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2948. 2. The property is located in the(n Industrial Disbrict. 3. The Orono Planning Commission reviewed this application on September 15,2003 and on a vote of 7 to 0, recommended approval of extension of the timeframe for applicant to meet the conditions of approval of Resolutions No. 4845 and No.4993 to December 31,2004;and recommended approval of an amendment of the existing , CUP to allow for interim use of fencing in lieu of berms and vegetation along the north and northeast sides of the parking lot, per applicants stated amendment language(Page 2 of Letter of Request)but subj ect to the condition that the berm and plantings shall be required at such time that the applicants' issues with the MCWD � are resolved. 4. The City Council finds that interim use of a screening fence rather than berms and , vegetative plantings on a temporary basis will have no long-term detrimental visual impacts during the limited 16-month time frame proposed by the applicant,but that use of the display parking area after December 31,2004 should be allowed only with the berm and plantings in place as required by Resolution No. 4845. The"display parking area"referred to herein means just the 40 stalls approved for display use in Condition No. 2 on Page 5 of Resolution No. 4845, of which 25 would be directly north of the building and 15 would be at the extreme north end of the main parking lot. 5. The City Council finds that the basis for an extension of the effective period of Resolutions No. 4845 and No. 4993 as presented by the applicant is a unique circumstance which supports the granting of the extension. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the applicant and the effect of the proposed use on the health, safety, and welfare of the community. . , • Page 2 of 6 � � o� 0 0 • '� � CITY of ORONO a -°�;�..- � ti ��L ��~' RESOLUTtON OF THE CITY COUNCIL �kESIIOg' NO. � � � � CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a 16-month extension of the effective period of Resolutions No. 4585 and No. 4993 to December 31, 2004, due to delays as noted in the applicant's letter of request which is part of the public record of Application#03-2948; and hereby approves an amendment to the Industrial Site Plan Approval granted via Resolution No.4845 to allow the interim use of a semi-opaque fence,five feet in height along the entire length of the north edge of the east parking lot and a distance of thirty feet south from the northeast corner of said lot,instead of the previously approved landscape berms and plantings in the same designated area, subject to the following conditions: 1. The berm and plantings as required by Resolution No. 4845 shall be installed at such time that the applicants' issues with the MCWD are resolved,but in any event shall be installed • no later than December 31, 2004. 2. The conditions of Resolutions No. 4845 and No. 4993 shall remain in effect except as modified by this Resolution. � 3. Authorities granted by the conditional use permit run with the property not with the applicant. 4. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant and property owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby_ agrees to the recording of this resolution in the Chain of Title of the property. • � Page 3 of 6 . � �� O , . 4 • -� , ,, , � CITY of ORONO � ti . �� G�' RESOLUTION OF THE CITY COUNCIL ' �`9k'EsYiog'� No. � � .� � Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 13th day of October, 2003. ATTEST: � � �............. .�A• f/.-� � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor For WJM Propertie LLC: • Maurice J. W ' ner, Ch' Manager � • . � Page 4 of 6 . � °� 0 0 � • � s . � CITY of ORONO � -; ; F �� G~' RESOLUTION OF THE CITY COUNCIL `9k'ESH.O� NO. �' � e� �. STATE OF MINNESOTA . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of October, 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. . (,'��.- �� Q-n- Notary Public ALISSA A.WINTERNHEIMER STATE OF MINNES OTA NOTARY PUBLIC-MINNESOTA .,�: My Commisskn Exp;res J�n.31,2006 . COUNTY OF HENNEPIN � :.�..., • The foregoing instrument was acknowledged before me on this L� day of � �.x•Le.�m h�- ,200 3 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. � ��=mt.,, RACHEL DODGE ��t��-�- �e�-- �;� [ ' _� NOTARY PUBLIC-MINNc".OTA "J �. ,� h4y Commissbn Exp�es Jan.31,20�5 Notary Public ��.:�...::.�:�^' - • Page 5 of 6 . � � °� 0 0 • '� ? , �, CITY of ORONO � -, :. � �� G�' RESOLUTION OF THE CITY COUNCIL �kESS�4 NO. � � � `� ' STATE OF MINNESOTA COUNTY OF HENNEPIN � � l This instrument was acknowledged before me this Z� day of 1 v�1�'"� , 2003 by Maur�� '� � r-2l � '.(.�c� I.na►�tq� , o WJM Properties, LLC, a Minnesota imited liability corporation, on behalf of the corporation. PATRiCIA A.MOC � ' :'��; , ' NOTARYPUBIJC-MINNESGTA ' •-e.- �M�; .•'r RtiyCommts�ton ExPlros Ja�.31,r��s t tary Public • � � • Page 6 of 6 E7�iIBIT A • RESOLUTION NO. °5 0 � � LEGAL DESCRIPTION Parcel l: That part of the South Half of the Northeast Quarter of Section 33,Township 118,Range 23,which lies East of the East line of the plat of Orono Industrial Park and its extensions,and West of the West line of the plat of Long Lake West Industrial Park and its extensions,Hennepin County,Minnesota. Parcel2: Lots 1 through 12, inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive, vacated as shown on the plat of said Orono Industrial Park,Hennepin County,Minnesota. . • •