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HomeMy WebLinkAboutResolution 915RESOLUTION NO. 91._ A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LIMITED CHURCH SERVICE USE OF THE NAVARRE DRIVE-IN THEATER PROPERTY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted zoning regulations and performance standards to protect the health, safety and general welfare of the citizens and public of the City and to promote the orderly and environmentally sound use of land within the City; and WHEREAS, Good Shepherd Lutheran Church has made an application to the City Council for a proposed use of land not specifically permitted by the adopted zoning regulations of the City; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Orono hereby makes the following findings of fact: FINDINGS OF FACT 1. That Good Shepherd Lutheran Church, hereinafter "the Church" is a local congregation with an established record of service to and within the community. 2. That the Church maintains permanent church buildings and functions on property located at 3745 Shoreline Boulevard. 3. That the Church wishes to provide outdoor ecumenical community church services at the Navarre Drive -In Theater, 3660 Shoreline Boulevard, hereinafter "Drive -In Theater", between the hours of 10:00 A.M. and 10:45 A.M. on Sundays, July 2, 1978 through September 3, 1978 under the supervision and direction of Pastor Jack R. Niemi. 4. That Church structures and functions are regulated by Conditional Use Permit under the Orono Zoning Code, Section 34.022. 5. That the Drive -In Theater is a legal non -conforming use of land regulated by annual licensing under Orono Municipal Code Chapter 61. 6. That the 1978 license for the Drive -In Theater was issued pursuant to Resolution 898 adopted April 13, 1978 and Resolution 905 adopted May 11, 1978 which resolutions provide for strict control and supervision of activities on the premises due to well documented histories of public nuisance complaints. RESOLUTION NO. 915- • A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LIMITED CHURCH SERVICE USE OF THE NAVARRE DRIVE-IN THEATER PROPERTY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted zoning regulations and performance standards to protect the health, safety and general welfare of the citizens and public of the City and to promote the orderly and environmentally sound use of land within the City; and WHEREAS, Good Shepherd Lutheran Church has made an application to the City Council for a proposed use of land not specifically permitted by the adopted zoning regulations of the City; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Orono hereby makes the following findings of fact: FINDINGS OF FACT • 1. That Good Shepherd Lutheran Church, hereinafter "the Church" is a local congregation with an established record of service to and within the community. 2. That the Church maintains permanent church buildings and functions on property located at 3745 Shoreline Boulevard. 3. _That the Church wishes to provide outdoor ecumenical community church services at the Navarre Drive -In Theater, 3660 Shoreline Boulevard, hereinafter "Drive -In Theater", between the hours of 10:00 A.M. and 10:45 A.M. on Sundays, July 2, 1978 through September 3, 1978 under the supervision and direction of Pastor Jack R. Niemi. 4. That Church structures and functions are regulated by Conditional Use Permit under the Orono Zoning Code, Section 34.022. 5. That the Drive -In Theater is a legal non -conforming use of land regulated by annual licensing under Orono Municipal Code Chapter 61. 6. That the 1978 license for the Drive -In Theater was issued pursuant • to Resolution 898 adopted April 13, 1978 and Resolution 905 adopted May 11, 1978 which resolutions provide for strict control and supervision of activities on the premises due to well documented histories of public nuisance complaints. 0 Resolution No. Page 2 7. That Northwest Cinema Corporation, the owners and operators of the Navarre Drive -In Theater, have stated for the public record that they wish to sell the property and discontinue theater operations after the 1978 season. AND, BE IT FURTHERMORE RESOLVED, that based upon the above noted Findings of Fact and upon careful consideration of the application pending, the City Council of the City of Orono hereby approves a Conditional Use Permit for Good Shepherd Lutheran Church to conduct outdoor ecumenical community church services on the property of the Navarre Drive -In Theater subject to the following conditions: 1.'The approval shall be for services to be conducted between 10:00 A.M. and 10:45 A.M. on the following Sundays in 1978: July 2, 9, 16, 23, & 30 August 6, 13, 20, & 27 September 3 The Conditional Use Permit granted by this resolution shall • expire on September 41, 1978. 2. The services shall be conducted under the direction and supervision of Pastor Jack R. Niemi. 3. The services shall utilize the existing Drive -In speaker system and shall not use any additional loud speakers. 4. The City of Orono reserves the right to review and thereafter revoke this permit if at any time complaints are received concerning this activity. 5. The Conditional Use Permit application fee is hereby waived. 6. This approval shall not constitute an expansion of the existing legal non -conforming use of this property and shall not justify continuation of the non -conforming Drive -In Theater. 7. This approval shall not constitute precedent for approval of any other use of this property except as authorized by Resolutions 898 and 905 whether by the owners of this property or by any other person. 0 Resolution No. Page 3 8. The conditions of this Resolution shall be agreed to by Good Shepherd Lutheran Church and by Northwest Cinema Corporation. A fully signed copy of this Resolution shall be returned to the City prior to the first day of use authorized herein. Northwest Cinema Theatre Corpo- ration agrees to the conditions attached to the issuance of the abo� permit ,,but does not co c r in t alleged Findings of act. Irvi Braverman, President D. Randall Blohm, Secretary AGREED: Good Shepherd Lutheran Church • This Resolution passed by the Cit Council of the City of Orono on the _� day of 1978. ATTEST: Walter R: E William B. Van Nest, Mayor on, Clerk/Administrator