HomeMy WebLinkAboutResolution 1483 .. • � a
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� Cit� o� ORONO
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� �` �� RESOLUTION OF THE CITY COUNCIL
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; � �- � � AY GRANTING A �CONDITIONAL USE PERMIT PER �
;.�"�r.,r=r-'+ MUNICIPAL ZONING CODE SECTION 31. 100 File ��742 '
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� WHEREAS, Craig Olson, hereafter "applicant", has made application to the
CiLy of Orono, hereafter "City", to permit the repair. of transmissions of cars and
light trucks at the service station located at 1960 Shoreline Drive and legally de-
scribed as Lot 2, Block l, Tourangeau Addition, hereafter "the property"; and
Whereas, per Resolution 961, a resolution that approved the service station
as a legal non conforming use, under Section 31.100 0€ the Orono Zoning Code, the
applicant, or the future owner of the service station, seeks to amend Resolution 961,
Section 11, item (1) ' �
"Light repair and exchange of parts in motor vehiclesR " •
to include the repair of transmissions and replacement of parts of transmissions and �
engines.
NOW, THEREFORE BE IT RESOLVED by the City Coulcil of Orono, Minnesota:
. Findings
1. The application was reviewed as Zoning file No. 742.
2. The property is located in the LR-lA Lakeshore residential Zoning District.
3. On December 18, 1978, Council approved Resolution ��961, a resolution that
approved a Conditional Use Permit establishir_g a lawful - non con=orming use
on the property.
4. The lawful - non conforming use has continued on the property since April,
1978. . .
5. For the past two years the station has�had three different operators. The
periods of operation ran from 6 months to 9 months.
6. The station has been vacant for long periods of time but never for 12
contiguous months. ' .
7. The applicant claims that at the current level of approved uses, setforth
in Resolution 961, the station cannot compete with other service stations.
8. The neighboring residential property owners support the service station use
and claim the following:� '
'� a) The property has been in use as a service statiori for over 35 years.
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''�����.�:�'s�� RESOLUTION OF THE CITY COUNCIL
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�'�'Ug��:,�%r�` y support the return of a well run, full service station at a
level of operation that takes into consideration the limitations
� of the physical site.
, °9. The applicant proposes to operate under the approved level of use set forth in
Resolution ��961 except to ask that transmission work be included under �whatever
controls or conditions of operation the City deems necessary. �
10. The applicant will operate between the hours of 7.00 AM to 9:00 PM daily - all'
repair work to cease on Sundays. '
11. The applicant will hire 1 full time employee. �
12. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports of the City Staff, comments
' � of the applicant and other interested persons and the effect of the proposed
use of the property on the health, safety and welfa"re of the community.
13. The City Councii finds that granting a Conditional Use Permit to the new owner
. of the property and operator of the service station and to amend Resolution 961
to permit the repair of the transmissions of cars and light trucks at the service
station will not be detrimental to the health, safety or general welfare of the
public, would not adversely affect traffic conditions, light, air nor pose a �
fire hazard or other changes to neighboring property, nor will it depreciate
surrounding property values and the proposed `level of use of the property will '
be in keeping with the intent and objections of the Zoning Code and Comprehensive •
Plan of the City. `
Conclusions, Order and ,Conditions
Based upon the above findings the Orono City Council hereby grants a Conditional Use
Permit to amend Resolution 961 to includ� the repair of transmissions of cars and
light trucks on the property subject to.the following conditions:
1. Repairs on trucks limited to vehicles of 1 ton capacity or less (light trucks)
2. All repairs are to be conducted within the existing building.
3. The parking of motor vehicles limited as follows:
a) 3 stalls provided for gas, and general sales nortion of operation.
b) 7 stalls provided and limited to repair use of operation.
4 . Building inspector must be notified when gas storage tanks are inspected
prior to filling. .
� S. The Cit Council hereb reserves the ri ht to review and/or modif this Conditional
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Use Permit, if at any time in the future the Council finds the conditions of the
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�: � � C�t� o� ORONO �
• �` RESOLUTION OF THE CITY COUNCIL
�"L•< NO. 1483 �
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�� ect permit to be violated or if the 'proposed additional use is found
to be detrimental to the health, safety and public welfare of Orono � �
Citizens.
6. Violation of or non-compliance with any of the terms and conditons 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 has read, understood and hereby agrees to the terms of this
resolution and hereby agrees to the recording of this resolution in the chain
of title of the property.
Adopted by the Orono City Council on this 9th day of May, 1983. ,
ATTEST: CITY OF ORONO
� �',/_��.����r.����� C-
City Clerk Mayor
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Applicant � er
S�TATE OV MINNESOTA
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COUNTY OF HENNEPIN )
� On this /Q day of , 19�3, before me, a Notary Public within and of said
County, personally appeare
known to me to be the person (��cribed in and who executed the foregoing instrument
and acknowledged that he (they) executed the same as� his (their) free act and deed.
� � E�
;D ;�:::�«;� MARY S.WOYTCKE — — —
: s.< < NOT�wr PiJB��C-MINNESOTA NOTARY P L IC
��� HENNEPIN COUNTY � `���
'� �! �Y COmm�ulon Explr�s VvY.18,1997
MY��OMMISSION EXPIRES �— — — — — —
Tnis document is being [ecoccled Eor the beneEit oE �he Cityo� Orono pec
�iinnesota Statues 38�•77•
State Deed Tax Due tlereon: Exempt _
� This instrument �+as draEted b/=
City of Orono
P.O. Bo�c 6�i
Crystal Bay, hi� 55:123