HomeMy WebLinkAboutResolution 955RESOLUTION NO. 955
A RESOLUTION REGARDING DEVELOPMENT AND
USE OF PROPERTY AT 1960 SHORELINE DRIVE
WHEREAS, the City of Orono, hereinafter City, 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,
hereinafter the Council, has adopted a Comprehensive Guide Plan
which sets forth the unique characteristics and constraints
affecting development within the City and which Plan establishes
goals and'guiding principles for planning and reviewing development
within the City; and
WHEREAS, the Council has adopted a Zoning Code which
establishes performance standards and criteria for implementation
of the guiding principles of the Comprehensive Guide Plan; and
WHEREAS, the Planning Commission and the Council have
reviewed the development and use of property located at
1960 Shoreline Drive as a result of zoning applications made to
the City by the owners thereof; and
WHEREAS, the Council is concerned that unregulated
development or use of said property may be detrimental to the
public.health, safety and general welfare,
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Orono hereby makes the following Findings of Fact:
1. The property is legally -described as Lots 14, 24, 25
and 261, "Ora Park" on Lake Minnetonka and that part of Lake Street
lying between the extentions of side lines of said Lots 24, 252
and 26, and between front lines of said Lots and Northwesterly line
• of the Right of Way of County Highway No. 15 (formerly No. 7)
being a line parallel to and 33 feet northwesterly from the center
line of existing pavement of said Highway, altogether amounting
to 26,875 square feet or .62 acre.
2. The property is apparently owned in fee by Harriet
Tourangeau of 2060 Central Avenue, Orono, wife of Arthur Tourangeau..
Resolution No.
Page 2
3. The property contains an existing gasoline (motor fuel)
service station building on Lots 24 and 25, gasoline storage tanks
under Lot 26, a gasoline pump island on Lots 25 and 26 and an
advertising sign on vacated Lake Street.
4. The property contains an existing dwelling on Lots
25 and 26.
5. The property abuts adjoining Lots 7-14 and 20, Ora
Park on Lake Minnetonka which lots are also owned by Harriet Tourangeau,
and which lots contain an existing dwelling occupied by the Tourangeaus.
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6. Robert Reutiman of 25605 Smithtown Road, Excelsior,
apparently leases a portion of the property from Tourangeau, said
portion consisting of 100 feet of frontage and 75 feet of depth on
Lots 25 and 26 with additional driveway rights over Lot 24 and the
remainder of Lot 25.
7. Reutiman apparently sublet his portion of the property
to TEXACO, INC. who in turn sublet the operation of the gasoline
service station business to a fourth party. •4
8. TEXACO, INC., and the fourth party lessee operated a
business on the property for many years consisting of the sale of
gasoline, oil, oil products, and other goods and services normally
provided by gasoline service stations, including the light repair
and exchange of parts associated with automobile servicing.
9. The above described business operated during normal
business hours Monday through Saturday, being closed on evenings
and Sundays.
10. TEXACO, INC. in 1978 announced a complete cessation
of business in Minnesota.
11. TEXACO, INC. and the fourth party lessee ceased
business at this location on or -about September 23, 1978.
12. As of the September 26, 1978 Planning Commission
Meeting, the gasoline service station business was closed and the
property was vacant with "NO TRESPASSING" signs in the windows.
Resolution No.
Page 3
13. The property is located on County Road 15 which
has heavy truck and car traffic moving at high rates of speed,
which condition is a hazard to traffic entering or leaving the
highway at this location and which condition is a hazard to any
pedestrian trying to cross the highway.
14. The property is located across County Road 15 from
Lake Minnetonka and a commercial marina, which marina already
contributes to traffic hazards and pedestrian crossings in the area.
15. The property is also located on Central Avenue which
is a residential street having moderate traffic flow which has
caused neighborhood complaints of excessive speed and pedestrian
safety hazards.
16. All of the property is zoned LR-lA, One Family
Lakeshore Residential, except for the easterly 70 feet of Lots
24 and 25 which are zoned B-1 Retail Sales Business District.
• 17. In 1974, when the City concluded years of comprehensive
planning and revisions to previous zoning districts, boundaries, and
provisions, all of this property was to have been zoned LR-lA.
18. At that time, the service station would have been
zoned LR-lA with a conditional use permit issued for continued
operation of the station as a legal non -conforming use.
19-. The Crystal Bay area historically included more
commercial enterprises which have all ceased to exist leaving this
service station as the only/remnant of such a neighborhood commercial
center.
20. In 1974, the Planning Commission and Council determined
that the Crystal Bay Area could no longer support B-1 commercial uses.
21. Because all of the other B-1 uses had disappeared,
the Comprehensive Plan called for total zoning as residential
consistent with the actual use of the land.
22. The Planning Commission and Council at that time had
no objection to continued use of the gasoline service station as it
• had always operated, but they determined that the property would not
support any other B-1 use consistent with the public health, safety
and general welfare.
Resolution No.
• Page 4
23. At the 1974 meeting when the comprehensive rezoning
was to be adopted, Tourangeau requested B-1 zoning for the service
station saying that he wished to assure continued operation of the
station as it always had been operated.
24. Tourangeau assured the -City that he would not change
the use of the gasoline service station but that he wanted only to
protect his right to rebuild the station should it ever be destroyed
by fire or natural calamity.
25. With that understanding, the Council agreed to spot
zone the station building proper as B-1 allowing its reconstruction
after such calamity, but that by having the zoning boundary different
from lot line descriptions, the service station property could not
be transferred to some new owner without a subdivision or rezoning
application being made. .
26. The LR -IA residential district requires 87,120 square
feet (2.0 acres) of lot area and 200 feet of lot width'for each
• residential dwelling unit, which requirements are caused in part
because there is no municipal sanitary sewer available for this
part of the City.
27. The B-1 Retail Sales District requires 20,000 square
feet (.46 acre) of lot area, and 100 feet of lot width for each
commercial use.
28. No municipal sanitary sewer is available for this
commercial property but such sewer is available for other areas
of the City which are zoned B-1,_which availability is partial
cause for the limited lot area allowable in the B=1 zoning district.
29. Gasoline (motor fuel) service stations are a
conditional use in any B-1 zoning district which use is subject
to the performance standard requirements of Section 38.500 of
the .Zoning Code.
30. Because this service station existed prior to the
adoption of the zoning code, there has never been a written
conditional use permit issued for the property.
Resolution No.
• Page 5
31. On July 26, 1978, Arthur (A.J.) Tourangeau applied
to the City for a lot combination and subdivision of the property
into two parcels; one parcel to contain 16,000 square -feet (.37 acre)
and the existing dwelling, the other parcel to contain 10,875 square
feet (.25 acre) and the existing gasoline service station.
32. The actual size of this property is substandard for
the existing uses thereof as required by the zoning ordinances of
the City.
33. The proposed Lot 1 containing the existing dwelling
requires an 82% variance for lot area, a 48% variance for'lot width,
a 19% variance for front yard setback and a 49% variance for side
yard setback.
34. The proposed Lot 2 containing the service station
requires a 46% variance for lot area (if all zoned B-1) and 85%
variance for rear yard setback, and many variances for yard areas.
and landscaping as required by Section 38.500 of the zoning code.
• 35. The existing service station has uncontrolled access
on both County Road 15 and Central Avenue, which access is a distinct
traffic safety hazard.
36. The proposed lot line division does not follow the
existing zoning district boundaries nor does it follow the existing
land lease boundaries.
37. On August 14, 1978, the Planning Commission in review
of the subdivision proposal, recommended preliminary plat approval
subject to several conditions as follows:
A. A formal application be made for a conditional use
permit per 35.022 for operation of the "motor fuel station".
This permit to set out in writing all landscaping, curb.*
cut, parking, etc. conditions per 38.500.
B. A formal application be made for a rezoning to revise
the existing district boundaries to coincide with the
proposed lot division; such rezoning to be pursuant to
all required reviews and hearings and to be effective only
• upon recording of an approved final plat.
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• Resolution No.
Page 6
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C. Concurrence with the Hennepin County requirements
to close access to County Road 15 except for one
commercial driveway approximately 120 ft, north of
Central Avenue.
D. Applicant to provide`a landscaping plan and schedule
of completion for review with the conditional use permit
prior to final plat approval.
E. Combination for tax purposes of the remaining
Tourangeau residential lots (7-14 & 20).
F. Closing of the rear station window per State Building
Code requirements.
G. Approval of all variances necessary to accomplish
the -above finding hardships of no additional land
available and existing structure locations.
38. Pursuant to the Planning Commission recommendation,
on August 18, 1978, Robert Hornick and Robert Reutiman made an
application to the City for a Conditional Use Permit to operate
a self-service (gasoline) station and convenience food store
selling milk, bread, eggs, snacks, cigarettes, soda pop, beer, ice,
and ice cream.
39. Retail food sales is•an allowed use in the B-1 zoning
district, but any gasoline service station is subject to conditional
use permit.
40. Said application is an expansion of the historic use
of this property.
41. There is no provision in the Orono Zoning Code for
combined gasoline and retail -food sales.
42. That retail food sales, expanded gasoline sales, or
any other B-1 land use would tend to encourage additional vehicular
traffic at this location and would tend to encourage pedestrian
traffic to the marina and/or lakeshore across the busy highway.
Resolution No,
• Page 7
43. On August 28, 1978, at work session to discuss
the Conditional Use Permit application, the Planning Commission
acted to reconsider the previous recommendation on the subdivision
and to thereafter table the subdivision pending concurrent review
of the Conditional Use Permit,,application.
44. On August 29, 1978, the City Council also directed
that the Planning Commission review the applications concurrently
and that the applicant provide additional site plan information.
45. The Council noted as they had in.1974 that they
did not object to continued use of the service station as previously
operated, but that expanded uses required careful study in light of
the existing problems and hazards.
46. Tourangeau requested that the subdivision be considered
separately from the use of the service station as he wished speedy
review to facilitate sale of the dwelling on proposed Lot 1.
047. The Council, wishing to assist Tourangeau in his
time constraints, suggested that he apply to rezone the B-1 portion
of his property to LR-lA as -had been originally proposed in 1974.
Such rezoning would permit the gasoline service station to continue
operation as a legal non -conforming use but would preclude other
B-1 use of the property. Such application would assure agreement
between Tourangeau and the City regarding use of the property and
as such would forestall a'probably lengthy review of the Conditional
Use Permit application, thereby permitting the subdivision application
to proceed with minimum delay.
48. On August 30, 1978, Tourangeau made application to
the City for rezoning of the property as noted abode, contingent
upon receiving a Conditional Use Permit for continuation of the
service station business as presently operated.
49. Reutiman was present when Tourangeau made the
rezoning application and Reutiman had no objection thereto.
50.. On September 11, 1978,•a Public Information Meeting
was held by the Planning Commission to discuss the Conditional Use
Permit application made by Hornick. Such public meeting is normal
and customary for all similar applications. At this meeting Hornick
• formally withdrew his application.
Resolution'No.
• Page 8
51. 'Subsequent to the above, the Planning Commission
again reviewed the subdivision application. Several neighbors
present for the Public Meeting voiced objections to any change
in the operation of the business on this property. The Planning
Commission noted that the rezoning application had been made and
therefore tabled all action on the property pending hearing on the
rezoning application.
52. On September 25, 1978, the Planning Commission held
the statutorily required Public Hearing on Tourangeau's rezoning
application. Some of the same members of the public were present
voicing the same concerns. Reutiman noted that he would stand to
lose money if the character of -the station was changed to something.
else. Tourangeau noted that he.was not trying to change anything
but only divide his property in the most expeditious manner. The
Planning Commission members noted that the rezoning would not change
the character of the station but would only assure continued operation
as in the past while precluding expansion of commercial use and
providing conformity with the 1974 comprehensive planning intents.
• Planning Commission recommended approval of the rezoning as requested.
53. Subsequent to the above, the Planning Commission again
reviewed the subdivision application, and noting that the previously
requested rezoning application had been made, that such application
had by its nature included the previously requested Conditional Use
Permit application, and that the issues thereby had been raised and
resolved, therefore acted to again recommend preliminary subdivision
approval.
54. Should the Council approve the requested rezoning
from B-1 to LR -IA, the zoning would be in conformance with the
intent of the Comprehensive Plan.
55. Should. the Council approve the requested rezoning,
there would be issued a Conditional Use Permit under Section 32.480
of the zoning code, such permit authorizing continued use of the
property for a'gasoline service station as a Legal Non -Conforming
Use, in the manner and extent that it has been operated in the past.
56. As a Non -Conforming Use, the property would be subject
to all of the provisions of the zoning code applying to such uses.
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•Resolution No.
Page 9
57. As a gasoline (motor fuel) service station, the
property is always subject to the conditions established in
Section 38.500 of the zoning code and that the installation of
curbing, landscaping and/or other improvements required therein
for the public health, safety and general welfare are reasonable
requirements which can be rightfully required as conditions of
the subdivision application now pending.
58. The rezoning application as made by Tourangeau
is not necessarily a condition for subdivision approval, but has
proved to be helpful in expediting such approval considering the
many overlapping boundary lines (platted lots, zoning, leasing
and actual use) and the intents and purposes of the Comprehensive
Plan of the City.
59. The zoning of part of this property as B-1 in 1974
was done to accommodate the property owner but may have been a
mistake by the City Counci.
• NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Orono hereby adopts this Resolution as a statement
of fact and intent regarding review of the various zoning applications
concerning this property.- All subsequent decisions of the City Council
regarding said applications shall be made based upon this record.
Adopted by -the City Council of the City of Orono on the
day of November , 19 78 .
ATTEST:
14
Pwplo
William B. Van Nest, Mayor
Walter R. Benson, Clerk -A in�rator
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