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Home My WebLink AboutResolution 4993 1 ` . ` �.�.� : , . ' � � .s- � Q--,� � -- � . . • O O . . �� CITY of ORONO � � � � .; � , ti �� p'�' RESOLUTION OF THE CITY COUNCIL �.. `q�f'ESI30g' �NO. � 9 � � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.50, SUBDIVISION 3(A)(4) AND AN AMENDMENT TO THE EXISTING INDUSTRIAL SITE PLAN APPROVAL � FILE NO. 03-2902 WHEREAS, WJM Properties, LLC, (hereinafter "the owner") is owner 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 CoLmty,Minnesota(hereinafter"the property");and `'VHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3(A)(4)to pernut construction and use of a private motor • fuel station to support the body shop,auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and `VHEREAS, the owner has applied for amendments to the Industrial Site Plan Approval granted via Resolution No. 4845 to allow refinishing of the �vest fa�ade of thz existing building with Exterior Insulation Finish System(EIFS)to result in a more uniform appearance for . the building; and to allow the development of an additional site access via a proposed 40-foot bituminous driveway from the east parking lot to the east property Iine; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zonin; and Planning Codes, the Orono Plannin� Commission held a public hearin�on May 19,2003, 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#03-2902. 2. The property is located in the(�Industrial District. • Page 1 of 6 . ��- � � • 0 �. � � � CITY of ORONO ,� -: : � ti ��L �G~' RESOWTION OF THE CITY COUNCIL �kESI�Og' NO. � � � � . 3. "Motor fuel station"is allowed as a conditional use in the I district per Zoning Code Section 10.50 Subd. 3(A)(4). 4. The Orono Planning Commission reviewed this application on May 19, 2003 and recommended approval by a vote of 5 to 0. 5. The Planning Commission made the following fmdings of fact: . A. The Planning Commission finds the t�vo vaulted fuel storage tanks will be located at the southeast corner of the building, approximately 250'from the � east lot line and 350' from the south lot line. Section 9.34 requires a minimum side/rear property line setback of 50'which is more than adequately ' met. No canopy is proposed, and the vaults will be located to the rear of the ' building where they will be virtually invisible from existing Highway 12,and • not visible from new 12. No ancillary lighting or signage is proposed,and no additional screening of this system will be necessary. B. The proposed fuel system will meet all pertinent standards of Section 9.34. � The Orono Fire Marshal has reviewed the plans and the location of the proposed vaults,and lias recommended that the proposal be approved,subj ect to meeting all City and Fire code requirements. The vaults will be located in an area of the site that is currently paved and was approved for parkin� of vehicles to be repaired. There is a minor reduction in the number of pazking stalls available for that use as a result of the tank location. There are no � - � draina;e issues associated with the proposal. � C. Per the prior approvals,the north side of the building will be modified to be _ the primary customer entrance to the site. Those plans also noted the . � building fa�ade would be repainted. Due to the varied nature of the east facade of the front half of the building,the owner has chosen to resurface the existing block wall with EIFS as opposed to merely painting that facade. D. The owner was advised in Condition No. 9 of Resolution No. 4845 that � access to the site may change in the future and the owner a�eed to discuss _ the matter at such time that the City or adjacent landowners initiate such discussion. The owner has initiated discussions with Lon�Lake to attempt to • Page 2 of 6 ll�� -- . . � . • O � O l CITY of 4RON0 � ,- ; � s � ti RESOLUTION OF THE CITY COUNCIL ��`9kESI1�g'�G NO. � 9 � � gain access to Industrial Boulevard to the east via a route behind the golf dome. It has long been the City's goal to establish access to/from the industrial park to signalized intersections and eventually eliminate direct accesses to Highway 12.The proposed access would be angled to align with the east-west driving aisle within the existing parking lot. E. There are a number of issues to be resolved before such a connection can be � realized, not the least of which is poor soils and wetlands for most of the comdor. However, it is in the best interests of the City to support such an � access if the owner is able to obtain it,and the City would be well served by � establishment of easements through the property to serve adj acent industrial � park parcels. � 6. The City Council fmds that granting a conditional use pernut for the proposed private • motor fizel station use will not be detrimental to the health,safety or general welfare of the public,will not adversely affect light,air nor pose a fire hazard or other danger to neighboring properties,nor will its use depreciate surround.ing propertyvalues and that the proposed level of use of the property will be in keeping with the intent and obj ectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the . applicants and the affect of the proposed use 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 approves a conditional use permit per Municipal Zoning Code Section Section 10.50,Subdivision 3 (A)(4)to permit construction and use of a private motor fuel station to support the body shop,auto prep and wholesaling operations previously approved for the site via Resolution No. 4845; and �� approves amendments to the Industrial Site Plan Approval granted via Resolution No.4845 to allow refinishin�of the west fa�ade of the existing building with Exterior Insulation Finish System(EIFS) to result in a more uniform appearance for the building; and to allow the development of an . • Page 3 of 6 � 1 -J t .I� . �� • . . . . • . . � . .. • O O �� CITY of ORONO � � - : . � , ti . �� G�' RESOLUTION� OF THE CITY COUNCIL � �kESIIOg' NO. 4�, � � � � additional site access via a proposed 40-foot bituminous driveway from the east parking lot to the east properiy line, subject to the following conditions: 1. The proposed fuel system shall meet all pertinent standards of Section 9.34,and shall meet all pertinent Fire Code requirements. 2. Applicants shall a�ree to work with the City in establishing easements as necessary to � access adjacent properties if applicants are able to gain access via the proposed easterly corridor. . , 3. The conditions of Resolution No.4845 shall remain in effect except as modified by this Resolution. 4. Authorities granted by the conditional use permit run with the property not with the applicants. . . • 5. 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. 6. The undersigned 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of June, 2003. .� ATTEST: �� . � � � Linda S. Ve ity Clerk Barbara A. Peterson,Mayor w s r� P•�. , �..,I�G, � � Prope wner( �(}lut.cst. � . (,J ca.�kn�,it, , '(�ie� M Cw`°''p?S� a Page 4 of 6 • - - � , �� - -- .. . . . � ... • O O '� CITY of ORONO 3 � � � � a � � ��L �G'�' RESOLUTION OF THE CITY COUNCIL `9kESII�g' . NO. _ L,� � � .`� STATE OF NIINNESOTA . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9th day of June, 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. � s �1 L�i._ l � �f.�•A�A�iw Ll��t.0 (�A Notary Public . � � - ALISSA A.WINTERNHEIMER STATE OF NIINNESOTA N��-��TA � COUNTY OF HENNEPIN ��anrn�sston exp�res Jan.3L 2006 i � ...�.. The foregoing instrument was acknowledged before me on this ��'day of _ t�v�e ,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. �. °�' RACHEL DODGE ��'�`�� d�� Y.r.q�ti' � � r •'"�>•� NOTARYP116UC-MINN�^OTA � NotaryPublic ,� N(y Commission Expires Jan.31,2005 �`a:�.....�_�.._ _...�>r,�_„�^-,�•,. � Page 5 of 6 • ♦. .� .•J • . � � � • - � . • O O � CITY of ORONO . � : ; . � , ti �� G'�` RESOLUTION OF THE CITY COUNCIL . �kES�IOg' _ N0. � 9 � � STATE OF MINNESOTA COUNTY OF HENNEPIN " � . On this 1��day of � ww¢_ ,20 b 3, (`�1 cx�,vL,c.¢,, � . l,t��,C.��e� �"�°w.°s�, Y personally appeazed before me, . who is personally known to me � whose identity I proved on the basis of � � whose identity I proved on the oath/affirmation , a credible � witness arid who executed the foregoing instruinent, and aclrnt� owledged that he/she/th y executed the s3me . cTat b2�+41rF 'tl.�. �.�,c��,.� �i� e�w�i� . �� PETER W..IO�IN$�N "� � norNerrueuc-�s�r� Notary Public wC��Et�INJn 31,2005 STATE OF NN�NNNESOTA � . COUNTY OF HENNEPIN On this day of , 20_, personally appeared before me, ' - who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible � � . witness � � and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public • Page 6 of 6 � -. , w• . . � . . Exhibit A � � � � . � Resolution No. 4993 � .� -.� � . � � _ . .� . � ; . . ' . ..::. . t . ' ' _ : lEGaC. DESCRtPtION: � � • � • . � . . . . . . . . • ' ' . . , . . ? . � Pdreei .1:° � , • � � ' -. • : • ' ' : � 7hat .part of the Sau'tti .Half of tiie;�lorEheast Quarter of SccElon 33, Towriship�.� : . � 7i8,� Rartge: 23,�which lies �ast,o� the Eost line of the plat .of O�ono tndustrial. I � Pa'ric and its,extension§; .arid West of the West 1(ne o f the.piat. of long�Lake�' � ; . � : •West [ndustrial Pdrk and its e3ctenstans; Henncpin Cat�nty, �1lnnesota. � : � . Parcet 2: ' . . - . .` • • . . . , . . Lo�s�1 �hrocigh 12, ir�clusive, .Biock 1 � .Or ' . ' . '.: . ' �� . , . , ono IndusfriaJ Park,; anct all. of [.Jncatn '� Drive, vocated as s�iown ori tlie pIat or 'said Orono .tnctustrtat PQrk. . • : � � � . -. .. . _....._...._. . .. • , . _ � -