HomeMy WebLinkAboutResolution 961RESOLUTION NO.' 961
A RESOLUTION ESTABLISHING A CONDITIONAL USE PERMIT
FOR OPERATION OF A LAWFUL -NONCONFORMING USE OF LAND
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
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
establishing performance standards and criteria for implementation
of the guiding principles'of the Comprehensive Guide Plan;. and
WHEREAS, the Zoning Code of the City provides for the
continuing use of land or buildings as lawful non -conforming uses.
whenever such uses were lawful uses under prior zoning regulations
but have since become non -conforming uses because of a lawful change
in the zoning code; and
WHEREAS, the property described below has become a lawful
non -conforming use of land and buildings in the manner described above;
NOW, THEREFORE,' BE IT RESOLVED, that the City Council of the
City of Orono hereby establishes a Conditional Use Permit for continued
lawful use of the following described property according to the following
conditions:
I. Property Description
1. Legal Description - "part of Lots 24, 25 and 26, "Ora
Park" on'Lake Minnetonka and that part of Lake Street lying
between the extentions of side lines of said Lots 24, 25,
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",
all of which is intended to be replatted as Lot 2, Tourangeau
Addition.
• 2. Lot size: (ave.) 145.58 ft. wide by (ave.) 78.55 ft.
deep = 11,435 sq. ft. (.26 acre).
Resolution No. 961
• Page 2
3. Existing structures: One single story masonry gasoline
service station 50 ft. long by 27-1/2 ft. wide (1,311 sq. ft.)
consisting of two auto service bays with hoists, one 9 X 12
storeroom, one 10 X 15 office and two toilets; three 3000 gallon
underground fuel storage tanks: one fuel pump island with
four pumps; one advertising sign base; concrete drives over
fuel tanks and at pump island, gravel surface elsewhere.
4. Existing Ownership: Land owned in fee by Harriet
Tourangeau; part of the land leased to Robert Reutiman
since 1954. Reutiman owns the building. Reutiman's
interests sub -leased to Texaco, Inc., in 1963 which
leasee's use ceased on or about September 23, 1978.
II. Existing Use
1. Since 1963, Texaco, Inc. has subleased station to one
or more operators who have used the property for retail
gasoline and motor fuel sales, light repair and exhange
of parts in motor vehicles. Vehicle service included
tune-ups, lubrication, tire repair, replacement of exhaust
systems, engine parts, etc. Sales included gasoline of
various grades, tires, batteries, additives, and parts
when installed in the vehicles.
2. Miscellaneous sales included vending machine sale of
soft drinks and cigarettes.
3. Recent year's use has included hours of operation
generally running from 6 or 7 A.M. to 6 or 7 P.M. weekdays,
reduced operation Saturdays and no operation on Sundays.
4. Recent year's use has NOT included bulk fuel sales, large
truck refueling or repairs, auto body repairs, welding, retail
or wholesale auto parts sales, retail or wholesale sales of
any other commodity except as noted above, or outside storage
of parts, equipment or trucks.
•
. Resolution No. 961
Page 3
III. Zoning
1. Ordinance 214 adopted November 14, 1978 provided for
zoning of this property to LR-lA Single Family Lakeshore
Residential consistent with the adjoining properties (and
a portion of this property).
2. Prior to Ordinance 214, a portion of this property
was zoned B-1 Limited Neighborhood Business District.
3. The B-1 zone provides for gasoline service station use
by Conditional Use Permit. The LR-lA zone does not allow
gasoline service station use except for continuation of the
existing use by Conditional Use Permit as a lawful non-
conforming use.
4. Even as B-1 zoning, the service station use was non-
conforming because of substandard lot size, substandard
• setbacks and lack of conformance to zoning performance
standards.
5. The zoning was planned to be changed from B-1 to LR-lA
in 1974 concurrent with adoption of the city-wide rezoning
and implementation of the Comprehensive Guide Plan.
IV. Conditional Use Permit for Continued Use
1. This permit is issued as an automatic condition of the
rezoning occasioned by Ordinance 214.
2. This property may continue to be used for the existing
gasoline service station according to Section 31.100 of the
zoning code and according to the conditions set forth below.
3. The manner and extent of the use shall be as previously
used.
4. The principal,business shall be.retail motor fuel sales
of various grades of gasoline, specifically including diesel
fuel and/or gasahol or similar fuels used for motor vehicle
propulsion.
• 5. Accessorybusiness may include other existing uses
_ Y g
listed in Section I -I above.
Resolution No.
. Page 4
IV. Conditional Use Permit for Continued Use (Cont.)
6. Other uses may be considered by the Council upon
application and upon a finding that the proposed use is
less non -conforming than the above permitted uses.
7. Specifically included in this permit is authority for
the following:
a) Operation between the hours of 6 A.M. and 10 P.M. daily
including Sundays and Holidays.
b) Installation of one new 6,000 gallon underground storage
tanks; subject to building permit.
c) Installation of new or revised pump islands and fuel
pumps,.subject to building permit.
d) Interior and/or exterior -renovation and remodeling of
• the building, subject to building permit (and Council
review of work where required by Ordinance).
e) Installation of new advertising signs not to exceed
size of prior existing signs.
8. Specifically required by this permit as a condition to
authorized operation are the following:.
a)(Installation of traffic separation curbing and landscaping
shown on the attached plan and required*as a condition to
subdivision of the property. Work to be completed no later
than July 1,"1979.
b) Installation of fencing required by Section 38.501 of
the zoning code. Work to be completed no later than
July 1, 1979.
C) Closing of rear station window with masonry (per State
Building Code). Work to be completed prior to building
occupancy.
d) Issuance of Certificate of Occupancy by the zoning
• department prior to opening for business.
Resolution No. 961
Page 5
9. This permit is subject to review by the City Council
upon violation of the conditions set forth herein or as
provided by.Section 32.490 of the zoning code.
Adopted by the City Council of the City of Orono at their regular
meeting on the 18 of December , 19 78 •
William B. Van Nest, Mayor
ATTEST:
f
Walter R. nson, Clerk/Adminis gator