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Home My WebLink AboutResolution 4433 �� i . /�- � O� � O O ��6. - CITY of URONO � ti '� RESOLUTION OF T E ITY COUNCIL ��`9.If . p4�'G � NO. � � � c�a � �SH A RESOLUTIOIV GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.28, SUBDIVISION 3 E1ND A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.61, SUBDIVISION 2 FOR PROPERTY LOCATED AT 850 WAYZATA BOULEVARD WEST FILE NO. 2562 WHEREAS,Cornerstone New Testament Church(hereinafter the "applicant")has an interest in and Karen Proft and Patrick Proft are owners (hereinafter the "owners") of property located at 850 Wayzata Boulevard West within the City of Orono (hereinafter "City")property is legally described as follows; and � Attached as "Exhibit B" . VVHEREAS, after due 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 March 20, 2000 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the Ciry for a variance to Municipal Zoning Code Section 10.61, Subdivision 2 to permit a 32 s.f. identification sign where 12 s.f. is permitted; and WHEREAS, the applicant has applied to the City for a conditional use pemut per Municipal Zoning Code Section 10.28, Subdivision 3 to permit a church use on ttie property in the RR-1B zoning district. NOW, THEREFORE, BE IT RESOI.VED by the City Council of Orono, . Minnesota: �• FINDINGS � 1. This application was reviewed as Zoning File #2562. 2. A church is a conditional use permitted in the RR-1B zoning district, subject to the proposed use meeting all requirements of the Zoning Chapter. � Page 1 of 6 i� /� �11�' � � � ��b. - CITY of ORONO � � ti �,� �'� RESOLUTION OF THE CITY COUNCIL �9kES804'� NO. t� d. w � wq . 3. The proposed use meets all requirements of the Zoning Chapter. 4. Municipal Code permits churches as conditional uses in the RR-1B zoning district. The proposed use will be entirely within the existing building and will be limited • to weekly services and o�ce one staff person. On occasion there would be special events that would be consistent with the church use of the properry. 5. A special use permit was granted in 1965 to permit a church. The existing building was constructed in 1966. There is no conditional use permit on file for a church use although the building had been used as a church in the past. A conditional use permit was granted to pemut the Wayzata Learning Center for 30 daycare students. . A conditional use permit amendment was applied for in 1995 to allow the daycare to expand to 66 students. The application was not reviewed by the Planning Commission or City Council and was later withdrawn. • 6. The site plan provided by the applicant indicates a parking plan for 30 cars. Required parking for a church is one space for each four seats based on the design of the main assembly hall. The parking spaces provided would accommodate a main assembly hall capaciry of 120. The church seating capacity is 120. If parking is required to be increased in the future the existing parking area could be realigned to pemut additional spaces. � 7. The Council approves a variance to pemut the sign to be 32 s.f. based on the hardship that a 12 s.f. sign is not large enough to include the information so it can be read from Highway 12. The speed linut near the sign is 55 mph and the sign is located near a curve in the highway. The two factors make it difficult to see the sign from a distance on Highway 12. 8. The Council fmds 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 variance 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 � ; Page 2 of 6 .� o�. • � � � ��6. � CITY of ORONO � � �,� G'� RESOLUTION OF THE CITY COUNCIL ��ESH�4��' NO. � � Q� � -� 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 City. . 9.� The City Council fmds that granting a conditional use permit for the identification sign will not be detrimental to the health, safery or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, 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. 10. . The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the communiry. � � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby ;rants a variance to Municipal Zoning Code Section 10.61, Subdivision 2 to permit a 32 s.f. identification sign where 12 s.f. is pemutted; and Municipal Zoning Code Section 10.28, Subdivision 3 to permit a church use on the properry in the RR-1B zoning district. Approval is subject to the following conditions: 1. The Ciry reserves its right to recall or reconsider the conditional use pemut as it relates to additional parking needs or future paving improvements. . 2. Any change or more intense use of the property will require an amendment to the conditional use permit. 3. A 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. The property shall remain in conformance with • Page 3 of 6 � � O� • O O ��b. - CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��9kE H04��'G NO. � �: � 3 � � . S . . 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. 4. The applicant shall be advised the existing septic system has been determined to be . non-compliant and is required to be replaced before December 31, 2007. . 5. Authorities granted by this resolution run with the property not with the owner, 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 (March 27, 2001). 6. 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 nusdemeanor. � 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of itself, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of March, 2000. ATTES�T: � Lin a S. Vee, City Clerk Gabri Jabbour, Mayor Property Owners ' �!4-.'�,�+r ��vr=J' � � • � Page 4 of 6 � °� � � � � ��b - CITY of ORONO � � . � ,� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' NO. � � � � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of March, 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 ..- �Y�"��3�� , ^ � otary Public . STATE OF MINNESOTA ) ' ) ss. " . • COUNTY OF HENNEPIN ) � On this�day of ' � , 20p6 before me a Notary Public within and for said county,personally appea ed�,� pro-�-i' smarr�ed, known to me to be the persons described in and who executed the foregoing instrument, and acknowled ed that the �ecuted th s their free act and deed. <.��.._ CAROLE A.HASEMANII ��-�'r� Cr,. ,,�� NOTARY PUBI.IC•�3�'A ,>> ��2�.,✓ ��°""�0"�'�"'�'� Notary Public STATE OF MINNESOTA � ) ) ss. � � . COUNTY OF HENNEPIN ) , On this�day of ��' , 20 C:Ubefore�me a Notary Public within and for said county,personally appeared ��t,-Ivl'G� �^v�h{%1'lav�—r-�C/ known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. � HEIDI N.STURMqN • �'�'�c-�� otary Public �'�0^��xp�s Jsn.31.TOOS Page 5 of 6 , J • . , � ffiIBIT A -� � � c� � ' � S / L .�' I � c , �� /� � . -- � �� .� / � �I : � � " �Q� � /' � t, � � ° � — � �� '��/- . -� �y ' . � �� c , � I � � �� . , � I `y• �� '��` i./� n � � � • . y ti •- ; �� I � � � : I � �d � +' $•�� ' `E � �� I • � . /�� •`+�` �` ��` i� � I � ,�� s /r' :��'� '� ```g�'� I '� i `� � I ; � � �,rY'� � , �j c ' I 11 �' .; c� ' � �r � " � � , m Ig � �� a� � � � ,� I . q �� : . ; � � �� / .� � , . I �� z � � � I " ��4 �6 . e� � o,' '.. 1 Is . . �� c ; � �,o �i� sc �c1 t' �I� � � � �D R � , ! ;� �� r � ; , a�a d.. 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ONC'J I �Fp � �.ue � a � � °a � � b g.. �o � P :;� �.II� �� S —N =_ s �', s� 3 s b'° � • � q�� 88' �g $ �fi µ s'��n�a� I �3R � � � -,p3 � ��=u 1 � �� n � � Ms�� w;; - . � ��.. =o= �� 3��' ��n � � �Z��(1 41� O� s�� 3� QN,,�� . � 0 $3��-� . � • ' - z��S� �a'a 5��^e� �$ o • ' Page 6 of 6 q sooxn�xx sum�r ` � rurr oF rxE �,�'��'^; a HE SEl/� OF SEC 96-118-23 ,� Q SATHRE—BERGQUIST, INC. � -' � (� g � �� CI1'Y OF ORONO, 1[R�7NESOTA � �_+ �sp sam�eno��Y•rart�TA w.sss9i•(blt)47h6000 � � $ PREP1R8D FOR: °r O � PATRICK AND KAREN PROFT �Q= "�� . . _. f Exhibit B � ' . . � - - - . - _ . � ' ' . � � That part of the Southeast Quarter (SE1/4) of Section 35, Township� 118 North, Range 23 West of the 5th� Principai Meridian, Lying South of the southerly line of the Chicago Northwestern Railroad right of way and East of the easterly line of U.S. and State Highway Number 12, as presently . . established, according to the U.S. Government Survey thereof, Hennepin �County, Minnesota. � . � . . . - , . � . .. , . ,� . �� . . . � ' � � � � . , � - . 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