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Home My WebLink AboutResolution 4323 +' t i 7 O� . O O ��6 - CITY of ORONO � � �'� G'� . . RESOLUTION OF THE CITY COUNCIL . . . , �9kESI�04�' . � NO. � �. � � . � A RESO�,UTION GRANTING A VARIANCE � TO MUNICIPAL ZO1vING COI)E SECTION 10.40, SUBDIVISION 6 (C)AND GRANTING A CONDITIONAL,USE PERNIIT AMENDMENT � PIER MUNICIPAL CODE SECTION 10.40, SUBDIVISION 4 (B), �'ILE NO.2502 � � WHER�AS, William W. Wear and Mable Wear(hereinafter "the applicants") are owners of the properry located at 2160 Wayzata Boulevard within the City of Orono (hereiriafter . "the City") and legally described as follows: , East Parcel That part of the East Half of the Northwest Quarter of Section 34, Township 118, � Range 23 described as commencing at the Northwest corner of said East Half of the Northwest Quarter;thence due south(assumed bearing) along the West line of said ,� � East Half of the Northwest Quarter a distance of 1311.29 feet; thence South 87 degrees 41 minutes East, 545.87 feet to the actual point of beginning;thence North 87 degrees 41 minutes West, 200 feet; thence North 2 degrees 19 minutes East, 188.93 feet; thence North 87 degrees, 41 minutes West, 200 feet; thence South 2 .degrees 19 minutes West, 334.96 feet to the Northerly right of way line of State Highway No. 12;thence South 69 degrees 41 minutes East along said Northerly right of way line 45.94 feet;thence Easterly 364.3 feet along said Northerly right of way line being a tangential curve to the left having a radius of 1587.28 feet to an . intersection with a line bearing South 2 degrees 19 minutes West from the actual � point of beginning; thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the Government Survey thereof, except the West 200 feet thereof. � West Parcel . . . � The West 200 feet of that part of the East Half of the Northwest Quarter of Section � � � 34,Township 18,Range 23 described as commencing at the Northwest corner of said � East Half of the Northwest Quarter; thence due south (assumed bearing) along the West Line of said East Half of the Northwest Quarter a distance of 1311.29 feet; . thence South 87 degrees 41 minutes East, 545.87 feet to the point of beginning; thence North 87 degrees 41 minutes West, 200 feet; thence North 2 degrees 19 minutes East, 188.93 feet; thence North 87 degrees, 41 minutes West, 200 feet; Page 1 of 5 � , , �� • � � ��b. - CITY of ORONO � � . ti RESOLUTION ��li,� C�ITY COUNCIL � s ly r G . . . . � ��kESH�4� . . � : NO. � thence South 2 degrees 19 minutes West, 334.96 feet to the Northerly right of way � line of State Highway No. 12; thence South 69 degrees 41 minutes East along said Northerly right of way line 45.94 feet; thence Easterly 3643 feet along said � Northerly right of way line being a tangential curve to the left having a radius of 1587.28 feet to an intersection with a line bearing South 2 degrees 19 minutes West . from the actual point of beginning;thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the Government Survey thereof. � (hereinafter "the property"); and WHER�AS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.40, Subd. 6(C) to allow a front yard setback variance of 14' to allow a setback of 6' where 20' is required. The applicant has also applied for a conditional use permit amendment to Section 10.40, Subd. 4(B), to allow a canopy to be constructed over existing gas pumps at a Motor Fuel Station. . . • VVHEREAS, in the B-1� Retail Sales District, Motor Fuel Stations require a • conditional use permit, and a canopy is a structure addition to the Motor Fuel Station, requiring a conditional use permit amendment. NO�V, TIi�1�FORE BE IT �tESOL�D by the City Council of Orono, Minnesota: FINDINGS . 1. This application was reviewed as Zoning File#2502. . 2. This property is located in the B-1 Zoning District�where the minimum lot area . . requirement is 20,000 sq. ft. . � � . 3. The Orono Planning Commission reviewed this application on July 19, 1999 and recommended unanimous approval of the proposed variance based upon the following unique findings and hazdships: A. The zoning lot conforms to the lot area, lot width, side and rear yard requirements for the B-1 District. • Page 2 of 5 . o,�,. � � � � . i � � - ��b.�- CITYof ORONO � � '� RESOWTION OF THE CITY COUNCIL ��9.kE p4��'� � : . NO. � �' � .`� � � � . . sx . . . B. The gas pump island is existing at approximately 15' from the property line. C. A 3' separation is required from the existing overhead wires. . D. The highway took 10' across the front of the property and 25' at the west property line. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properiy 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 properry; would not merely serve as a � convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and • Comprehensive Plan of the City. � . 5. The Cifiy Council has considered this application including the fmdings and recommendations of the Planning Commission,reports by City Staff, coinments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONC�USIONS, ORI)ER,AleTD CONDI�IONS • , Based upon one or more of the above findings,the Orono City Council hereby grants a front yard variance to reduce the required front yard from 20' to 6' per Municipal Zoning Code Section 10.40,Subdivision 6(C)to permit the addition of a canopy over an existing gas pump island. . A conditional use permit amendment is required to allow construction of a canopy over the existing gas puinps, subject to the following conditions: . � � 1. Authorities granted by this variance run with the property not with the applicants,but are permissive only and must be exercised by application for a building pernut within one year of the date of Council approval, or this variance will expire on that date (July 26, 2000). • • Page 3 of 5 z , • i-- � O� . � s � � � ��b. - C ITY of ORONO � F � G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4��' � . : � NO. � °� `�' °3 . : 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate and � authority granted herein, and shall be punishable as a misdemeanor. 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 property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting � held on the 26th day of July, 1999. ATTEST: . � U .� inda S.Vee, City.Clerk Gabriel abbour,Mayor . � �� * G�� '� �� Property Owner(s) . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of July, 1999 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. . d� . Not P= �lic � r� - MARYANNJOHNSON 0.4�� M NOTARY PUBUC-MINNESOTA ,��. Y Com►►ussion Expires Jan.31,2000 • Page 4 of 5 �'� 1 . . ' . . �- . � O� ' • O , O ��6. � CITY of ORONO � � ti �� G'� . RESOWTION OF THE CITY COUNCIL . . �`9kESII�4��' . . : . .NO. �4�� z� � � . ` . STATE OF MINNESOTA ) i ) ss. COUNTY OF HENNEPIN ) ' On this '�`��' day of � , 199�,before me a Notary Public within and for said County,personally app ed �1 rn ac^v`�cc(. known to me to be the person(s) described in and who executed the foregoing instrument, and acknowl.edge.dt�a�„��?.� � - same as his (their)free act and deed. '� �f y�j�� CP.ROLE A HASEMAN � •�'r�" NOTARYPUBUC-MINNES07A � d•. :E�,!��.�; � I .,, ,, �R:-,. HENNEPINCOUNTY , �< ��e My Commission Expfres Jan.31,2000 NOtaty Pub11C � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this 9 f/ day of u q u � f , 199 9, before me a Notary Public � within and for said County,personally appeared /YI a /� I A�e_a�', vrt a_R�e i 2�, � 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 Pub ic ��•�•. a�r` MARYANNJOHNSON ' M �O�YPUBLIC-MINhESOTA . `,��•• Y ssion Expires Jan.31,2000 • Page 5 of 5