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Home My WebLink AboutResolution 4711 i • � , i , ,p' ' //�� o 0 ��b. - CITY of ORONU � � �� ,'�' RESOLUTION OF THE CITY COUNCIL ��sKO4`� ' rvo. 4 �' 1 � A RESOLUTION GRANTING APPROVAL OF A COMN�RCIAL SITE PLAN FOR THE PROPERTY LOCATED AT 3800 SIiORELINE DRIVE PER MUNICIPAL ZOlVING CODE SECTION 10.44, SUBDIVISION 2� . FILE NO. O1-2723 WHEREAS, Mark E. Brewer and Barbara L. Brewer (hereinafter the "applicants") are owners of Brewer Chiropractic to be relocated to the property located at 3800 Shoreline Drive located within the City of Orono (hereinafter the "City") and legally described as follows: � The South 233 feet of the East 150 feet of Government Lof 8, Section 17, Township 117 North, Range 23 West of the 5`'' Principal Meridian, and that part of Lot 1, Block 9, townsite of Langdon Park lying west of a line drawn � at right angles to the South line of said Section 17, from a point on said South line distant 1315.97 feet west from the South Quarter corner of said Section 17, which lies south of a line drawn parallel with and 233 feet north of said South line of said Section 17, except road, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for a Commercial Site Plan Review per Municipal Zoning Code Section 10.44, Subd. 2 to permit the commercial use of the property; and � WHEREAS, the Orono Planning Commission reviewed this application at a public hearing held on October 15, 2001 and recommended approval of the development plans per the commercial site plan, prepared by Gronberg & Associates by a vote of 6 to . 0; and WHEREAS, the Orono City Council makes the following findings in regard to this application: . FINDINGS 1. This application was reviewed as Zoning File #01-2723. . Page 1 of 6 /�� O� • O O ��b. - , CITY of ORONO � � ti �� p'�' RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. � °� � �. 2. The property is located in the B-5 Limited Neighborhood Business District which lists "clinics" as a permitted use in the zoning district. 3. Per Section 10.61, Subd. 10, required off-street parking is approved as follows: Retail = 1 stall per each 200 s.f. of net floor area up to 1,600 s.f. net floor area = 200 s.f. = 8 spaces 4. Parking lot design with concrete curb and gutter will promote positive runoff control. The Planning Coinmission concurred with the City Engineer's recommendation that the runoff should be directed to the northwest toward the planned Hennepin County stormwater pond rather than eastward toward the future City park site, where the existing driveway could be negatively impacted. • 5. Hennepin County has issued permits to allow the new access to the property in addition to the east driveway access. The parking lot entrance has been installed at a 24' width. The County did allow the secondary access to remain open since it was not an access that would be used for commercial purposes. 6. The preexisting use of the property was residential use in the B-5 business district. The proposed commercial use is in conformance with the Comprehensive Land Use Plan and Zoning Code. 7. The signage on the property is limited to 151 s.f. based on the total lineal frontage on Shoreline Drive. The building plans submitted indicate the proposed signage meets the requirements of Section 10.61. The total proposed . sign meets the standards of Section 10.61. The sign would be located 10' from the property line and is 17.5 s.f. 8. The building has undergone some extensive interior remodeling by Brewer as part of the conversion of the structure from a residential use to a clinic/office use. The remodeling has included making the building handicap accessible per ADA requirements. � Page 2 of 6 i�� O� • O O ��b. - � CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4'� NO. � � � .� 9. The Ciry Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed use of the property as a clinic/office building on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS � NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the commercial site plan for Brewer Chiropractic for conversion of the residential use of the property to a commercial use subject to the following conditions: 1. The final design of the parking lot must meet the requirements as specified by • the City Engineer, including the installation of curb and gutter to positively direct runoff to its intended end location, avoiding potential negative impacts to adjacent properties. 2. The final stormwater management and drainage plans, including a drainage axea map and calculations, must be submitted for review and approval by the City Engineer, and the final stormwater plan must be confirmed as acceptable to the MCWD. 3. Drainage to the Hennepin County stormwater pond shall be approved by Hennepin County Public Works. 4. The fmal grading and surfacing of the parking lot shall not commence� until all appropriate approvals by the City of Orono, Hennepin Counry and MCWD have been received. 5. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit and completing the parking lot within one year of the date of Council's � approval, or this resolution will expire on that date (October 22, 2002). • Page 3 of 6 �_""' � O� • O O � ��b. - CITY of ORONO � � . �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SH04� NO. 4 °� � � 6. Violation of or non-compliance with any of the terms and conditions of this resolution 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 applicants have read, understood and hereby agree to the • terms of this resolution and on behalf of themselves, their heirs, successors � and assigns, hereby agree 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 22nd day of October, 2001. ATTEST: � .d- v.�—� - inda S. ee, City Clerk Barb ra A. Peterson, Mayor l P Owners STATE OF MINNESOTA ' COUNTY OF HENNEPIN oZGf/� The foregoing instrument was acknowledged before me on this 2�n� day of October, 2001 by Barbaza A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � C��e.��Q �c��_e__. . RACHEL DODGE Notary Public • -s NOTARY PUBUC-MINNE^OTA •.;;;,:` My Commission Expires Jan.31,2pp5 -c�-o-�..�._^�-`•,�.7,r„�,..,,..,-s--r,r„� +�4� ' . Page 4 of 6 ' .� , s . �----- � � O ' Y • O O ��d. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL � �9k'ESHOS�`'�' . NO. __ � °� �, � STATE OF MINNESOTA � COUNTY OF HENNEPIN �� The foregoing instrument was acknowledged before me on this�d day of October, 2001 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. y RACHEL DODGE L��,� �p�� NOTARY PUBL{C-MINNEEOTA ',:;u�� tu�y co�ssbn�res�an.s�,2oos Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this /�, day of c�Q,l��2r , 2002, l�-'�Gt.r'�G C, ��u�2�; /yjcc�l;��e c� personally appeared before me, � who is personally known to me =�whose identity I proved on the basis of /l�t�ll ��L 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. Not ,'�;: � �'•``�°M.LESKINEN __:,,,�� STATE OF MINNESOTA NOTARYPUBLIC-MINNESOTA COUNTY OF HENNEPIN h'N�ommtsstcn ExPires�an.3�,2aos On this /� day of ��P�i�2�', 20 62, �r�rc� L - �''2l�J.Q,i", �7Gt.r�p� personally appeared before me, � who is personally known to me ✓ whose identity I proved on the basis of ��itJ ,C7 L 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. � . Not Public ` az'Y Page 5 of 6 GcNISE M. LESKINEN • NOTARY PUELIC-MINNESOTA My Cortunisston Exptres Jan.31,2005 -� _ � � � � � s.�. Exhibit A . . . . � : . � � ...... EAST 145.56 � - _,,.,�y � .�i, � � ,.--- - i � ..�, ,.. I • ��`'� 1 ��"�� '� : ` � �1 '`� � I �I / � � . � . / / � � I I� / ' �� r � � , . I � `� 1 � � � � � :: � �I �—s,�T�F�cF � i 1 / ' � � � I � n, � �-� � 9 � �� . 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