HomeMy WebLinkAboutResolution 4674 � -- ,
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�� G'� RESOLUTION OF THE CITY COUNCIL
��SHp4��' NO. 4 6 7 � _
A RESOLUTION GRANTING
� A CONDITIONAL USE PERMIT
' PER MUNICIPAL ZONING CODE .
SECTION 10.43, SUBDIVISION 4 (K),
FOR PROPERTY LOCATED AT
2477 SHADYWOOD ROAD�
FILE NO.#01-2694
WHEREAS,BayWind Christian Church(hereinafter the"applicant")has an interest
in and Franklin Svoboda and Joan Svoboda are owners(hereinafter the"owners")of property located
at 2477 Shadywood Road within the City of Orono(hereinafter"the City")and is legally described
as follows:
Tracts A and B, Registered Land Survey No. 88, Hennepin County, Minnesota
(herein�fter "the property"); and
� WHEREAS, after ciue published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on July 16,2001, at which time all persons desiring to be heard
concerning this application were given the opporhuzity to speak thereon; and
WHEREAS,the applicants have applied to the City for a conditional use permit per
Municipal Zoning Code Section 10.43, Subdivision 4(K) to permit a church use on the property in
the B-4 zoning district. . .
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS �
1. This application was reviewed as Zoning File#01-2694.
2. Churches are a conditional use in the B-4 zoning district,subject to the proposed use
-meeting all requirements of the Zoning Chapter and the Conditional Use Perniit is
approved by the Ciiy Council.
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3. The proposed use meets all requirements of the Zoning Chapter. .
4. The property is located in the B-4 zoning district. On June 11, 2001, Council
approved an amendment of the zoning code to allow"churches"as a conditional use
in the B-4 Office and Professional Business District.
5. The site plan provided by the applicant indicates a parking plan for��cars. Required
� parking for a church is one space for each four seats based on the desian of the main
assembly hall. The parking spaces provided would accommodate a main assembly
hall capacity of 214. The church seating capacity is 214. Church hours will be
different than the professional business occupying the building. There will be no
conflict with parking spaces.
6. BayWind Christian Church has an agreement with the Gray Fresh��ater Center to
allow overflow parking for the Church on the Gray Freshwater Center property
• located at 2500 Shadywood Road.
7. The building consists of two floors,each being 4,840 s.f. for a total of 9,680 square
feet. Of that, 6,390 square feet will be used for church activities and the remaining
3,290 square feet will be leased back to the current owner/tenant as office space. The
entire second floor will be occupied by BayWind Christian Church. It will be used
as a sanctuary, conference rooms and church offices. The church�izll also occupy
a portion of the first floor for Christian education. The rest of the first floor will
continue to be used as professional office space. .
8. The two adjacent properties sharing frontage along Shadywood Road are in the B-4
zoning district and the properties to the rear on Kelly Avenue are zoned residential,
LR-1B.
9. When the "B-4" district abuts an "R" district along the rear lot line a fence or
compact evergreen hedge of not less than 50%opaque nor less than 6 feet in height
shall be erected along the abutting properry lines.
10. Applicant has submitted a sign plan including one existing 6' X 7' two sided
monument sign identifying the entrance to the property from Shad�-�ti-ood Road, a 3
%z'X 2 '/z wall mounted sign for BayWind Christian Church,and a 3'X 1 '/z'sign for
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the professional tenant. The signs have a total of 97 s.f. Properties in the B-4 district
are limited to 1 s.f. of sign space for each foot of frontage along a street. The total
frontage for the property is 252'.
11. BayWind Christian Church holds it service on Sundays at 9:30 a.m. and concludes
services at 11:00 a.m.
� 12. The Orono Planning Commission reviewed this application on July 16, 2001 and
recommended approval on a vote of 7 to 0. Planning Commission made the
following comments:
A. The proposed outdoor play area shall be reviewed and approved by the
Council subject to submittal of a site plan indicating the location of the
fenced play area.
• B. A screening plan for the play area shall be submitted for Council review.
C. A plan indicating the location of the dumpster shall be submitted. Dumpster
shall not be visible to adjacent residential properties.
D. A final screening plan for the parking lot adj acent to the residential properties
shall be submitted.
13. The City Council finds that granting a conditional us permit will not be detrimental
to the health,safety or general welfare of the public,would not adversely affect light,
air nor pose a fire hazard or other danger to neighboring properties, nor will its use
depreciate surrounding property values and that the proposed level of use of the
property will be in keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
14. The City 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 conditional use permit on the health,
safety and welfare of the community.
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�� G'� RESOLUTION OF THE CITY COUNCIL
��kESH��'� NO. � G � �
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
conditional use permit per Municipal Zoning Code Section 10.43, Subdivision 4(K) to permit a
church use on the property in the B-4 zoning district. Approval is subject to the following
conditions:
� 1. The City reserves its right to recall or reconsider the conditional use permit as it
relates to additional parking needs or future parking improvements.
2. Parking areas shall be striped as shown on the parking plan.
3. Any change or more intense use of the property will require an amendment to the
conditional use permit. Including adding additional services, expansion of the
building for the church use, and/or increasing the size of the main assembly hall.
• 4. The conditional use permit shall remain in effect as long as the conditions agreed
upon are observed, and the use does not cease for a period of more than 6 months.
If the use of the property as a church would cease for a period of 6 months a new
conditional use permit is required.
5. The property shall remain in conformance with the site plan attached as Exhibit A to
this resolution. Any future alteration to the site plan,that will expand the conditional
use, shall require an amendment to this conditional use permit approval. �
6. Authorities granted by this resolution run with the property not with the applicants,
but are permissive only and must be exercised by application for a building permit
within one year of the date of Council's approval or the special conditions of this
resolution will expire on that date (July 23, 2001).
7. 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.
8. The undersigned applicant has 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 Orono City Council on this 23rd day of July, 2001. �
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�',� G'�� RESOLUTION OF THE CITY COUNCIL
��SHOSti`�' NO. '4 6 � �_A
ATTEST:
.� .� �� � ....
in�l S Vee, City Cler Barbara A. Peterson, Mayor
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Pr perty Owner(s) � . �A�
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this 23rd day of July, 2001 by
Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on alf of t e City
�
Nota P '
STATE OF MINNESOTA ) i�cNISE M.LESKINEN
� SS. � NOTARYPUBUC-MINNESOTA
COLJNTY OF HENNEPIN � Myr Commission ExpNes Jan•31,2005
On this /c3 � � day of v � , 2001, before me a Notary Public �i�ithin and
for said County,personally appeared nzc,� - /��s�`�r' u/i:� C �.�kno�i-n
to me to be the person(s)described in and who executed the foregoing instru nt,and acknowledged
that he (they) executed the same as his (their) free act and dee .
Notary Public
STATE OF MINNESOTA )
� ) ss. DENISE M.LESKINEN
COUNTY OF HENNEPIN No�r�rauauc-NnNNESOTA
� My CortunIssbn Expires Jan.31,2005
,,.
On this�_ day of � ,2001,before me a Notary Public within
and for said County, personally app red JC3a.n � Sc�bocf g w F��nkl�'s� J• Svo 6ocf�, M arr��cQ
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (thei free a and d ed. �
i �
Notary P ' �
DENISE M.LESKINEN
Page 5 of 6 NpT�typtl�uC.M1NNESOTA
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