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HomeMy WebLinkAboutResolution 1473 ��. . . -��������P C�t o� ORONO � . � � - � � � .�� �' RESOWTION OF THE CITY COUNCIL ;��;�; � .. `?:'r; NO. 14 7 3 `'"` • GRANTING A CONDITIONAL USE PERMIT TO ti . � - � � MUNICIPAL ZONING CODE SECTION 35. 024 - FILE 725 ,;� _ Whereas , Bob Skinner , a tenant of the Eklund Building , hereafter "applicant" , has made application to the City of Orono , hereafter "City" , with the written consent of the owner , Stan Eklund , to permit the construction of a canopy structure at 342.0 Shoreline Drive legally described as: • The east 35 feet of Lot 2�, Lot ?_4 , Lot 25 and Lot 26, Block G, Navarre Heights , hereafter "the property" ; and Whereas, the applicant has applied to the City for a Conditional Use Permit to Section 35. 024 to permit expansion of his approved restaurant use to allow construction of an� 8 ' X 35' canopy structure to serve as an outdoor eating area for his "take-out" restaurant, D'Vinci ' s , to be placed ov'er a portion of the existing • retaining wall located in the parking lot to the west of the �estaurant. Now, Therefore Be It .Resolved by the City Council of Orono , Minnesota : Findings l . This application was reviewed as zoning file no . 725. . 2. The property is located in the B-1 commercial zoning district . 3. Section 3S. F12.4 of the municipal zoning code requires a Conditional Use Permit for restaurant use or the expansion of that use . 4. The proposed structure will not require the removal of required parking area . • S. The City has never � received a complaint concerning the operation or use of the existing restaurant located on the prope 'rty. , , 6. The City has received no negative comments from the surrounding property owners notified during the review of • application� no . 725. � � 'r � • d . , C�t� o� ORONO RESOLUTION OF�THE CITY COUNCIL NO. 1473 � � �::•-S_ . - • ' . . � 7. The proposed structure requires no setback variances. 8 . The City Council has considered this application includinq , the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and other . interested persons and the effect of the proposed location and use of the structure on the hea_lth , safety and welfare of the community. 9. The City Council finds that granting a Conditional Use Permit to allow expansion of the existing restaurant use by permitting the construction o� a protected , outdoor eating area in the adjacent parking lot will not be detrimental to the health , safety or general welfare of the public , would notadversely affect traffic conditions , light , air nor poseafire hazard or other danger to neighboring property, nor will it • depreciate surrounding property valuesand the location and use of the structure will be in keeping with the intent and objectives of the zoning code and comprehensive plan of the City. Conclusions, Order and Conditions Based upon the above findings , the Orono City Couneil hereby grants a Conditional Use Permit to Section 35. Qf24 to allow construction of a 8 ' X 35' canopy structure for an outdoor eating area on the property subject to the following conditions : 1 . The canopy structure must be located lg feet from the access easement that intersects the west 15 feet of Lot 23 . 2. � All construction must meet standards of the Uniform Building Code . - 3. No setback or other variances are granted or permitted for this structure. , 4. Authorities granted by this Conditional Use Permit run with the property not with the owner , but are permisive only and must be exercised by application for a building permit within one year of the dateof Council approval , or this Conditional Use Permit . wil_l expire on that date (April 11 , 1984) . • 5. The City reserves to itself the right to amend or revoke this permit iF road or property changes occur and/or the structure approved herein is found upon review to be causing traffic hazards, drainage and/or maintenance problems. . -.. .� ����� C�t� o� ORONO � , • d - � ; � ::; RESOLUTION OF THE CITY COUNCIL ` ' NO. 1473 �:�'�.r • - � �. ti. Violation of or non-compliance with any of the terms and conditions of this permit 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 have read , understood and he�reby apree to the terms of this resolution and hereby agree to the recording of this resolution in the chain of title of the property. Ac�opted by the Orono City Council on this �� day of April , 1983 . Attest: City of Orono �,/,2��%� �• ��� � • Alberta M. Strom Mary C. tler , Mayor City C , 11�n , Applicant STATE OF MINNESOTA ) ) SS . COUNTY OF HENNEPIN ) ��' � 1 before me a Notar Public On this �l 1 day of , 9 c�3 . . Y within and for said Cou�ty, personally appeared '. �a'� s,�i�vrvE.rL 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 (their) free act and deed . �- � '�,,,�. ULIE T. RIENNER NOT Y PUBLIC `� NCfTARY PUBLIC—MINNESOTA '��� HENNEPIN COUNTY ' MY COMMIdfION[XPIRES JUNE 9.1�HS . f� ��-�-3 • ` MY COMMISSION EXPIRES ;C�Y�9; aL i;,�. � �c S7tF VS IN '�� _ . �r �.i � �rt°f� i�.."�..� � ,.,�.�..._:..;,.-. ::�: ,.r.. . . �... ..v v • ,♦ � . • l j > Clt� o� ORONO . ,� RESOLUTION OF THE CITY COUNCIL �i;i�i �a��. NO. i 4 7 3 �• ' /�� i ,Yr�'��� ' � • • • .. x ��r. c"T�` . \ . � �'� ��^ �'���� �,, Owner STATE OF MINNESOTA ) , ) COUNTY OF HENNEPIN ) On this ��day of � r� , 19�3 , before me, a Notary Public within and of said Cou ty, personally appeared s ��wLe� r� � �=�k1u�. 2 known to me to be the person (�) described in and who executed the foregoing instrument, and� acknowledged that he F�g) executed the same as his �r) free act and deed . ' / � • NOT Y PUBLIC " �titi�Nn�v�nn���nnnnnnnnnnnnnnn� _ � ����� WILLIAh! K.ECKLUND � � � NOTARY PU�UC—MINNESOTA h4SEY COUNTY MY COMMI SS I ON EX ,� R��S My Co;nmissicn Expires SeRt.20,1984. k Mdb��WW�NII�MJ'1J,•„ n This document is being recorded for the benefit of the City of Orono per Minnesota Statues 385.77 . State Deed Tax Due Hereon: Exempt This instrument was drafted by: . . City of Orono P.O. Box 65 • �� Crystal Bay, MN 55323 � .