HomeMy WebLinkAboutResolution 4518 � , �y . ,
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��a. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL
ZONING CODE SECTION 10.42, SUBDIVISION 7 (G); SECTION 10.56,
SUBDIVISION 16 (L) AND SECTION 10.61, SUBDIVISION 10 (0) AND
APPROVES THE ISSUANCE OF�A�BUILDING PERMIT FOR RICK'S SUPER
VALUE FOR PROPERTY L��A.T�D A� 3333 SHORELINE DRIVE PER
MLJNICIPAL CODE SEC�'ION 10.42, SUBDIVISION 2
FILE NO. 2606 �
WHEREAS, Thomas M. Ehlers is owner of property located at 3333 Shoreline
� Drive and Richard Bloomquist (hereinafter the "applicant") has an interest in the property
located within the City of Orono (hereinafter the "City") and legally described as follows:
Tract D, Registered Land Survey No. 1422, Hennepin County, Minnesota
(hereinafter the "property"); and
• WHEREAS, the applicants have applied to the City for a building permit per
Municipal Zoning Code Section 10.42, Subd. 2 to permit additions to the Rick's Super Value
store that includes review by the Planning Commission and approval by the City Council
before a building permit is issued. The application includes the following variances:
1. Section 10.56, Subd. 16 (L) - Hardcover variance:
500-1000' '
Zone area = 124,420 s.f. ±
Proposed Hardcover = 90,253 s.f. ± = 72.5%
Allowed Hardcover = 35% = 43,547 s.f. ±
2. Section 10.42, Subdivision 7(G) - Requested structural setback variances
A. West side setback
Required = 60' ,
Proposed = 38'
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B. South side setback
Required = 60'
Proposed = 40'
3. Section 10.61, Subdivision 10 (0) Required parking
Retail use requires 1 parking space for each 150 s.f. of retail floor space.
A variance was approved in 1991 to the parking requirement. The existing
size of the retail use of the building would require 134 stalls. The variance
was approved to permit 108 stalls. The total size of the building, to include
the additions, would be 27,605 s.f. Areas such as utility rooms, hallways, '
storage� and office are subtracted for the purposes of calculating required
parking. The total floor area not devoted to the retail operation of the
' building is approximately 10% of the floor area or 2,760 s.f.
Required parking = 24,845/150 = 166 parking spaces
Proposed parking = 111 spaces ,
• WHEREAS, the Orono Planning Commission reviewed this application at a
public hearing held on August 21, 2000 and recommended approval by a vote of 6 to 0 of
the development plans per the commercial site plan, building elevations, and landscape plan
prepared by RSP Architects, LTD dated July 19, 2000; and .
WHEREAS, the Orono City Council makes the following fmdings in regard
to this application:
FINDINGS
1. This application was reviewed as Zoning File #2606. �
� 2. The property is located in the B-3 Shopping Center Business District requiring �
2 acres in area. The property consists of 2.85 acres.
3. The development plans include two additions totaling 4,776 s.f. and
remodeling of the Rick's Super Value store.
4. A utility easement is located to the north of the building limiting the ability
to expand the building out into the parking lot and an open space easement
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is located over the south 100' of the property. The open space area has been
' regraded to accommodate storm water flows. Any addition to the rear of the
building would negatively nnpact the ability for the site to handle and treat
stormwater runoff.
5. Mr. Bloomquist has stated only one weekend per year where he would be
concerned about parking. The remainder of the year he is not concerned
about parking shortages. Hennepin County reconstructed the intersection of
C.R. 15 and C.R. 19 in Navarre in 1988. Super Value lost over 8,000 s.f.
of parking lot area. The Ciry granted variances to accommodate a 0' setback
for the existing parking lot. The City has not received any reports of parking
issues with the Super Value lot. No changes to the parking lot have been
' proposed.
6. The total hardcover on the property would not change from the existing
• hardcover. The building additions would change the black top to structure. �
Tom Kellogg, City Engineer, has reviewed the plan and has stated the overall
plans appear acceptable. The 1991 engineering review, assuming the larger
� additions, found only minimal impact on drainage. A concern in 1991 was �
the flow of water from the west side of Kelly Avenue to this property. A
culvert had been plugged under Kelly. Since, the culvert has been reopened
to eliminate the drainage problem west of Kelly and has not had a negative
unpact on the Super Value site. The water flows to the detention area south
of the Super Value store.
6. Stormwater is directed to a retention area located at the rear of the property,
which is protected by an easement.
7. The property abuts the LR-1B Single Family Lakeshore Residential Zoning
District to the south. Adjacent and nearby property owners were legally
notified of the public hearing for this project and were given opportunity to
�speak at that hearing.
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��,. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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8. 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 variances on the health, safety �
and welfare of the community.
9. The Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that
granting the requested variances would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to neighboring properties,
would not merely serve as a convenience to the applicant, but is necessary to
alleviate a demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicant; and would be in keeping with the
' spirit and intent of the Zoning Code and Comprehensive Plan of the Ciry.
CONCLUSIONS, ORDER AND CONDITIONS
� NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby approves the commercial site plan, building elevations and landscape plan
referenced above and approves the variances as requested based on the unique fmdings and
hardships noted in this resolution and approves the City's issuing a building permit for the
proposed additions to the Rick's Super Value Store (for the site plan attached as Exhibit A)
to Rick Bloomquist, subject to the following conditions:
1. 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 within one year of the date of Council's approval, or the special
conditions of this resolution will expire on that date (September 11, 2001).
2. 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.
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3. 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 properry.
Adopted by the Orono City Council on this llth day of September, 2000.
ATTEST:
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, Linda S. Vee, City Clerk Gabri Jabbour, Mayor
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• Property Owner � , Applicant �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this llth day of
September, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf
of the City.
. ,
' ' HEIDI N, STURMAN Notary Public
' �' NOTARY Pt)BI,IC.Nl�V�r��
�:,�� MY Ccnuttfssbn Exprres J�.S1.ZOOS
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��6. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this �_�clay of 6C��,�i , 20�before me a Notary Public within and
for said county, personally appeared -T,T���S /�'1 • ��B�S�iYI��n�/ known
� to me to be the person(s) described in and who executed the foregoing instn ment, and
acknowledged that he(they) executed the,same as his (their) free act and deed.
HEIDI N.STURMAN �
NOTARY PUBLIC-A�lVNE�TA
M'C0'""'�0"����•� Notary Pub ic
STATE OF MINNESOTA )
� ) ss. �
COUNTY OF HENNEPIN )
On this day of , 20_ before me a N•otary Public within and
for said county, personally appeared 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.
Notary P`ublic
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' ' ' ° � Exhibit A j
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CITY of ORONO
� °�''' !Sr Municipal Offices
�� '� G~ SVeet Address: Mailin Address:
B
��ESI;�¢� 2750 Kelley Parkway P.O. Box 66 �
Orano, MN 55356 Crystal Bay, MN 55323•0066
May 12, 2001
Richard Bloomquist
1430 Cty Road 92
Maple Plain, MN 55359
RE: Variance Resolution
Dear Mr. Bloomquist:
A resolution#4518 located at 3333 Shoreline Drive was approved by the Orono City Council on
September 11,2000. The variance expires September 112001,it is important that this variance is
� signed before it expires.
Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this
resolution, so the City may then proceed with filing procedures. Before issuance of any building
pernuts, your signaiure is required. Please reference Resolution#4518.
If you have any questions,please call me at(952) 249-4600.
. Sincerely,
;
Rachel Dodge �
Deputy Clerk
�
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us