HomeMy WebLinkAboutResolution 3908 � °� � �
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� ��b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
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��kESII�4� NO. e3 � (�,� � .
A RESOLUTION GRANTING AN AMENDMENT
TO A CONDITIONAL USE PERMIT
PER MUNICII'AL ZONING CODE
� SECTION 10.03, SUBDIVISION 5
FILE NO. 2235
WHEREAS, Martin B. Schneider (hereinafter the "applicant") has an interest in
the property located at 2180 North Shore Drive within the Ciry of Orono (hereinafter "City") and
legally described as:
refer to�Exhibit A, attached (hereinafter "property"); and
WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application
• to the City to allow for a change in tenancy of a non-conforming use of the property to allow the : �
� Lake Minnetonka Environmental School to relocate to the site.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FINDINGS
1. This application was reviewed as Zoning File #2235.
2. The property is located in the RR-1B Single Family Residential Zoning District
requiring two acres in area. The property consists of 25,440 s.f. or .63 acres.
� . 3. The building referred to as the Hill School was built in the late 1800's and served
as an elementary school for the Crystal Bay community.
4. In 1957 the Hill School was purchased by�the Minnetonka Art Center and the
facility continued to serve the Art Center through 1989. The Atelier LeSueur
School has vacated the premises and it is currently vacant.
5. On June 12, 1989, the City approved a metes and bounds division that divided the
� Hill School property from the Minnetonka Art Center.
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6. From August 15, 1989 through September 11, 1990, the Art Center of Minnesota
(formerly Minnetonka Art Center) leased the facility from the new owner for the
purpose of continuing use of the facility for art instruction purposes.
7. From the later part of 1990 through May 1994, the facility has served as a licensed
day care and a dance school.
8. From the late 1800's to the present, the facility has never been used as a residential
dwelling.
9. As required by Municipal Zoning Code Section 10.03, Subdivision 5, the applicant
ha's filed for an amendment to a conditional use permit to allow Lake Minnetonka
Environmental School to locate in the building.
� 10. On May 19, 1997, the Orono Planning Commission voted unanimously to
recommend approval of the conditional use permit amendment based on the
following unique findings:
a. The previous use as a school has existed prior to the creation of the single �
family zoning district through to present times without interruption.
b. The proposed use will have no detrunental effects on the surrounding
residential neighborhood.
11. The Council fmds that the conditions existing on this property are peculiar to it and
do not apply generally to other properry 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
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.
12. The City Council fmds that granting an amendment to a conditional use perm.it to �
allow the use of the facility as a Lake Minnetonka Environmental School will not
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'� RESOLUTION OF THE CITY COUNCIL
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be detrimental to the health, safety or general welfare of the public, would not
adversely affect light, air nor pose a fire hazard or other danger to neighboring
properties, nor will it depreciate surrounding properry 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above fmdings, the Orono City Council concludes
that applicant's proposed use of the property as a private, non-profit middle school for grades 4-8
is a legal non-conforming use of the properry and hereby grants an amendment to the conditional
use permit per Municipal Zoning Code Section 10.03, Subdivision 5. .
1. Applicant shall retain a licensed architect to address code requirements for change
• of occupancy. �
2. This non-conforming use may not be changed to another non-conforming use.
3. Nothing in the Municipal Code shall prevent the placing of this structure in safe �
condition when said structure is declared unsafe by the Building Inspector,
providing the necessary repair shall not constitute more than 50% of the fair
market value of said structure.
4. If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act
of God, the structure may be reconstructed and used as before if it is reconstructed
within twelve (12) months after such calamity, unless the damage to this building
or structure is 75% (or more) of its fair market�value as shown on the Assessment
. Records at the time of damage, in which case the structure shall be demolished,
and any construction thereafter shall be for use in accordance with the provisions
of the Single Family Residential Zoning District. .
5. If the non-conforming use of this structure is discontinued and remains
discontinued for a period of twelve (12) months, any future use of the structure
shall be in confornuty with the provisions of the Single Family Residential Zoning �
District. �
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6. Authorities granted by this resolution run with the properry not with the applicant,
but aze permissive only and must be exercised by applicant obtaini.ng pernuts from
the City to complete the required improvements as set forth in Condition 1 above
to be completed prior to a certificate of occupancy being issued and relocation of
the schooL
7. 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.
� 8. Martin B. Schneider has read, understood and hereby agrees to the terms of this
resolution and on behalf of himself, the School, its heirs, successors and assigns,
hereby agree 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 May, 1997.
A EST:
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' o othy M. lin, City Clerk Gabrie Jabbour, Mayor
Wk2Z►N �. �iv5-�o�,�_
Property Owners
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN ) . �
The foregoing instrument was acknowledged before me on this 27th day of May,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the Ciry of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
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=�'�'f`��': UNDA ot Public
• NoTAqvPUeuc��VN Esorq
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�•....�� HENNEPIN COUNTY '
MY Commissian Expirp��an,g�,20� ,
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��b� - 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 ��- day of ��l,�,h,� ' , 199�,before me a Notary Public
within and for said County,personally appeared M a r.L,`n ScB,n�ei �eri u n m�r��'@
kaown 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.
' � ��9-�P�
a:�•. LINDA S.VEE Notary Public
'�` NOTARY PUBLIC-MINNESOTA
• '� ,- ' HENNEPIN COUNTY
: 'b.�u�•°� My Commissiun Expires Jan.31,2000 . .
� . • . .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 ,before me a Notary Public
within and for said Counry,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 Public
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ExxzazT A
' pARCEL A
� , RKVILLE. according to the recorded plat thereof, Hennepin �
Lot 5. Block 3� MA
CountY. Minnesota. .
PARCEL B
00 feet of said Lots 4 and 6. al.l in Block 3.
� t the West 69• lat thereof. Hennepin County� Minnesota.
' Lots 4 and 6, excep
MARKVILLE. according to the recorded p
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