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Home My WebLink AboutResolution 4771 ...: � ��_ . ' . �� . . � o o . ��b. - CITY of ORONO � � ti �� p'�' RESOLUTtON OF THE CITY COUNCIL ��`91fEsHpg'�' � NO. � � °� � � A RESOLUTION DENYING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.75, SUBDIVISION 1 FILE NO. 02-2755 �� WHEREAS,the City of Orono is owner of the property located at 340 Willow Drive North within the City of Orono (hereinafter"the City") and legally described as follows: � All that part ofthe Southwest 1/4 of Section 34,Township 118 North,Range 23 West of the Sth Principal Meridian,described as follows: Beginning at a point on the West line of said Southwest 1/4 distant 1876 feet North of the Southwest corner thereof; thence North along said West line 3 87.8 feet;thence East pazallel with the South line of said Southwest 1/4 a distance of 693 feet;thence South parallel with said West line 387.8 feet; thence West 693 feet to the point of beginning. ; � Hennepin County,Minnesota • �� (hereinafter"the propert}�'); and WHEREAS, said property is being subdivided which will result in the creation of � an outlot, a public road, and a building lot for the proposed Long Lake Fire Station to be owned jointly by the Cities of Orono and Long Lake, said building lot to be hereinafter referred to as"Lot 1"• and � WHEREAS,for zoning purposes the City Council of Orono has determined that the Fire Station to be constructed on Lot 1 shall be subject to zoning performance standards similar to those required for a school,church or other institutional or municipal building in a residential zone � in the City of Orono,said standards limiting maximum building height to 30' per Municipal Zoning Code Section 10.25, Subd. 5(A); ancl � � � WHEREAS, Municipal Zoning Code Section 10.75, Subd. 1 allows increases in height for specified building features including fire and hose towers subject to approval of a conditional use permit; and � � � WHEREAS,Ronald J. Moorse on behalf of the City of Orono has applied to the City for a Conditional Use Permit per Municipal Zoning Code Section 10.75,Subd. 1 to permit the construction of a hose tower as part of the Long Lake Fire Station, such tower to have a flat roof at � a height of 35'above grade where the maximum allowed flat roof height is 30; and � Page 1 of 5 . . �� . �� .. � i � � � � ��b_ � CITY of ORONO � � �� G'�' � RESOLUTION OF THE CITY COUNCIL �tk� . ��SH�4� . � NO. . �� .�. , WHEREAS, after due published notice and mailed notice in accordance with , Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning 4 ' Commission held a public hearing on February 19, 2002, at which time all persons desiring to be ' heard concerning this application were given the opportunity to speak thereon; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � ' Minnesota: , j . .. FINDINGS . _ �{ . � , ! � 1. This application was reviewed as Zoning File#02-2755. . i � a 2. The properiy is located within the RR-1B Single Family Rural Residential Zoning ; District requiring a minimum of two acres of contiguous dry buildable land within ' � each newly created residential lot. The property is guided by the 2000-2020 Orono Community Management Plan for single family residential use at a density of 2-3 � � units per acre.Municipal buildings are a Permitted Use in the RR-1B zone, and the � ; Fire Station to be constructed on Lot 1 is considered by defuution as a municipal : building.. � " ' i 'I 3. Lot 1 is located in a rural residential neighborhood,with the nearest residence being ( approximately 200' directly south of the proposed Fire Station building. ; I } � � 4. The proposed flat roof of the hose tower will extend approximately 12'above the 23' flat roof height of the majority of the Fire Station building. . ' � 5. The Orono Planning Commission reviewed this application on February 19,2002 and � � . recommended denial of the conditional use permit by a vote of 6 to 0,based on the i � following findings: � � � � . ' i � : ! a) The proposed hose tower is intended to be used for training purposes and will 4 � have a potential negative�visual impact on the neighborhood due partially to � � the non-residential character of the tower. � b) Its use for training purposes has a potential to become a nuisance in this a residential neighborhood,especially if it becomes a training center for other • � departments. � � . � � ` � � Page 2 of 5 � � � � �—- — - I ��_ • • . . /� �� o O ��b. - CITY of ORONO. � � �� G'�' RESOLUTION OF THE CITY COUNCIL k. ' l .�, . . . k�.: . �ggp�' � NO. � � °�' .� . , c) The need for the excess tower height has not been demonstrated, and there may be other options, such as building it 5'further into the ground. d) The potential impacts of the tower in this residential neighborhood cannot be satisfactorily mitigated. . �� 6. The City Council hereby makes these additional findings of fact: • a) The City has consistently denied building height variances for homes and . institutional buildings in single family zones. Two most recent examples are � � the Minnetonka Art Center, and the Burton residence on Rainey Road. b) The Fire Station is being located in a neighborhood setting rather than a�`town center' setting. Reducing the visual impacts of the building is important to ensure its successful integration into residential character ofthe neighborhood. s . � c) Although the 20'x 22'area of the tower covers just under 3%of the total roof area of the station, and although it is in the southeast or rear corner of the - station,the tower if constructed will still have a visual prominence that is out of character with the surrounding residential neighborhood. ' d) Because a primary purpose for the excess hose tower height is for firefi�hter training,the tower if constructed would contain stairways,windows, a door to the roof, etc. which would allow for a variety of realistic firefighting and rescue scenarios to be staged. The impact of such activity occumng at such � a visually prominent location and height as that proposed would potentially . have a negative impact on the neighborhood. � � e) The negative impacts on the neighborhood associated with the excess tower height cannot be successfully mitigated by the mere imposition by the City of requirements or limitations in regards to screening, building material selection,lighting,color scheme,etc. The City Council finds that no methods or measures for mitigating the negative impacts have been brought forward,� and approval of the tower height conditional use permit would not be in the best interests of the City of Orono or the residential neighborhood surrounding the Fire Station. � , Page 3 of 5. � ,/Q � . � � � � 0 0. � ��b. - CITY of ORONO � � ti � �� G'�' RESOLUTION OF THE CITY COUNCIL � � °� °� �. �� `9k'ESH,Og'� . . NO. . � 7. The City Council finds that granting a conditional�use permit for the excess tower height as proposed would not be appropriate because: a) the proposed location of the conditional use is not in accord with the objectives of the Zoning Chapter and the puiposes of the RR-1B residential district in which the site is located; � � b) the proposed location ofthe conditional use and the proposed condition under which it would be operated or maintained would potentially be detrimental � to the public health,safety or welfare,or materially injurious to properties or � improvementsinthevicinitybypotentiallydepreciatingpropertyvalues;and, c) the excess tower height would not be in keeping with the spirit and intent of the Zoning�Code and Comprehensive Plan of the City of Orono. • 8. The City Council has considered this application including the findings and � recommendations of the Planning Commission,reports by City Staff,comments by , the applicants and the effect of the proposed conditional use permit 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 denies the request of the Cities of Long Lake and Orono for a conditional use permit per Municipal Zoning Code Section 10.75, Subd. 1 to construct the hose tower at the Long Lake Fire Station at a height of 35' above grade. The tower may be constructed at a height not exceeding 30' above grade. i � Page 4 of 5 i�� . � �� o 0 ��. - CITY of ORONO � � ti �� . G'�' RESOLUTION OF THE CITY COUNCIL � ��`qkEsH�4� � . � NO. ��°�-�— � . Adopted by the City Council of the City or Orono,Minnesota at a regulaz meeting held on the 1 lth day of March, 2002. ATTEST: � - � �� Linda S. Vee, City. Clerk Barbara Peterson,Mayor . STATE OF MINNESOTA COUNTY OF HENNEPIN � � The foregoing instrument was acknowled ed before me on this i�a of a r�. 2002 g L Y �_, by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said � instrument was executed on behalf of the City. � � ��=—�.��.a�GIQ�.I.�o a.�,.ao n Notary Public �- STATE OF MINNESOTA . � ALISSA A.WINTERNHEIMER � COLTNTY OF HENNEPIN NOTARY PUBLIC-MINNESOTA �;y Commssion Expi�es Jen.31,2008 The foregoing instrument was acknowledged before me on this I q�'�ay of Y�.reh ,2002 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. � �-/�ct_� l•��-. I�ct�(:q-�-� �f� � RACHEL DODGE Not Public ��'�`�'� NOTARY PUBLIC-MINNc^OTA � �"�`�'!= My Commission Expires Jan.31,2005 . ,:�;' • Page 5 of 5