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Home My WebLink About1984-03-27 Resolution 1609City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1609 Granting A Conditional Use Permit Per Mitnicipal Zoning Code Section 34.022 And A Variance To Municipal Zoning Code Section 34.510 And 38.385 - File No. 764 Whereas, Calvary Memorial Church, (hereafter "applicant") has made application to the City of Orono, (hereafter "City") to permit the construction of a sanctuary addi'Lon to the existing church structure on a property located at 2 nwood Av nue and legally d��scr'.bed as Lot 1, Block 7, Townsite of Langdon Park, hereafter "the property"; and Whereas, the applicant has applied to the City for a Conditional Use Permit to Section 34.02.2 to permit construction of ,in 81' X 104' sanctuary ad-'ition to the existing church structure and seeks a hardcover variance per Section 34.510 for 21,865 square feet or .5 acres or 18% of additional hardco•,er over the allowed amount of 41,481 square feet or .95 acres or 35% an(' a variance to Section 38.305 all3wing 107 parking stalls instead of the required 131 stalls for a variince of 24 stalls. Now, Therefore Be It Resolved by the City Council of Orono, Minnesota: Findings 1. This application was reviewed as Zoning File ND. 764. 2. The property is located in the LR-lC Lakeshore Residential Zoning District. 3. On March 15, 1978, Councii approved Resolution #8f16 approving the original church use on the property. 4. Resolution 4886 advised the applicant that fLiture expansion plans may be limited in scope due to substandard 1�)t area and off street parking availability. 5. On August 15, 1983, the Planning Commission voted to recommend approval of application No. 764 based on the follDwing findings: a) The City has never received a complaint concerning the church use on the property. b) The City has received no negative comments from the surrounding neighborhood property owners not'fied during the review of this application. c) The proposed addition requires no setback iariances or any other variances except for the hardcover and parking variance.. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1609 ppli,ant has agreed to work with the City to reduce the amount - of surface runoff creates by the excessive hardcover. F. The City Council has considered this application including the findings and recommendations the Planning Commission, reports by City staff and consultants, ro • 2nts and reports of applicant and the of f.ect of the propose; location and use of the proposed addition on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variances would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with ti.e spirit and intent of the Zoning Code and Comprehensive Plan of the City and in addition makes the following specific findings: a) the property is located within 500 feet of Lake Minnetonka and subject to the restrictive environmental standards that govern the use and development of lakeshore property within the City. b) in granting a parking variance of 24 stalls, the applicant has reduced the hardcover by 26%. 8. Vic City Counci 1 finds that granting a Conditional Use Permit to allow the expansion of the church structure on the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air no pose a fire hazard or other danger to neighboring properties, nor will this use depreciate surrounding property values and 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit and hardcover variance and required parking variance to the Calvary Memorial Church to permit the construction of an 8l' X 104' sanctuary addition to the existing church structure subject to the following conditions: 1. Applicant enters into an agreement with the City to provide for annual inspection of the retention pond and outlet structure to assurc adequate maintenance of the proposed system. The City will require a performance test prior to acceptance and approval by the City of the surface water maintenance system. -2- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1609 2.. All proposed improvements to the property shall continue to be for the sole use of the church and/or school per Resolution #886 and Municipal Zoning Code Section 34.022. 3. Applicant must obtain formal approval for the surface water maintenance system from the Minnehaha Creek Watershed District prior to installation. 4. Applicant is placed on notice that the City will grant no future hardcover variances to this property. All future improvements involving additional hardcover must be matched by removal of either equal or greater areas of existing hardcover. 5. No other variances are granted or permitted for this application. 6. Violation of or noncompliance with any of the terms and conditions of this resolution and resolution #886 shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned has read, understood and hereby agrees to the terms of this resolution and on behalf of the church hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of November,1983. AT EST: C i t Cl r L�E, Property Owr r ) Dale A. Carpenter CITY OF ORONO Mayor Chairman Board of Elders -3- City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1609 F \ (2) 1 -�`- _ Chairman of Trustee Board Property Owner('..-------- ---------------------_______�------ Prope ty Owners) STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) Paster Calvar, Diemorial Church On this 27th__day Of �Idi-- -- -, 1984, before me a Notary Public within and for said- County, personally appeared Sfephnn ,�� , known to me to be the per'son(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY P LIC , Hennepin County January _9,_19_90 MY COMMISSION EXPIRES — STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 27th day of March , 1984 , before me a Notary Public within and for said County, personally appeared Stephen Shar1� and Roder Creamer known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUB—li -----------___----- ennepin Cotunty Jantk�ry_9, 1990 MY COMMISSION EfffffEE _ _ _ _ _ _ _ ----- -4- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1609 _ STATE OF MINNESOTA ) )ss. COUNTY OF IiENNEPIN ) On this 27th__ Day of _March 198 4, before me a Notary Public within and for said County, personally appeared Dale A._CaIU iter._ _ known to me to be the person(s) described +in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC, flennepin County January 9, 1990 MY COMMISSION EXPIRES -5- i STATE OF MINNESOTA ) COUNTY Or HEIMEPIN ) sr, CITY OF ORONO ) I, Alberta M. Strom, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the Citv of Orono with the original record o.f such resolution in the !Minutes of the proceedings of said City Council at a meeting of said City Council held on Novemhvr 28 1 19R_, and that the same is a true and correct copy of said original record and that said resolution was duly adopted Ly said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this _ 16 , day of _ April 1 19 84 Alberta 11. Strom, city Clerk (SEAL)