HomeMy WebLinkAbout1988-08-22 Resolution 2486TRANSFER ENTERED
DEPT Of PROPERTY TAX & PUBLIC RECORD
p N I T' PAWN
5171091
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2486
A RESOLUTION GRANTING
A CONDITIONAL. USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (C)
AND VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.61, SUBDIVISION 5 (A) AND
SECTION 10.61, SUBDIVISION 4 (F)
FILE #1265
,L
WHEREAS, Roger A. Koehnen, an authorized representative of the
Minnetonka Alano Group, Inc., (hereinafter "the applicant") has an interest
in the the property located at 2760 Fox Street within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 24 and that pait of Lot 23 lying west of the East line of Lot 24
extended North, all in Auditor's Subdivision No. 229, Hennepin County,
Minnesota (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of Orono
per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to allow the
continued use by the applicant of the property for a non-profit club use,
and in conjunction with the upgrading of the site, seeks the following
variances:
Per Section 10.61, Subdivision 5 (A) - A street setback variance is
required for the new alignment of the parking lot located 5' from the
street side lot line instead of 50' requiring a 45' or 90% variance;
and
Per Section 10.61, Subdivision 4 (F) - Applicant also requires a
parking stall size variance for eight (8) stalls measured at 91x16'
rather than the required 9'x20'; and
Per Section 7 of the Orono Septic Code Design Manual - seeks approval
of the City for the use of a holding tank on the site.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1265.
2. The property is located in the RR-lB Single Family Rural
Residential Zoning District requiring a Trinimum of 2 acres of dry
contiguous land in area. The property consists of 24,677 s.f. or 0.56
acres.
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '1486
3. The Orono Planning Commission reviewed this application on May 16,
1988 and unanimously recommended approval of the conditional use
permit and variances sought by the applicant and as noted above, based
on the following findings:
A) The non-profit club use of this severely limited property
located within the rural unsewered areas of the City is an ideal
use based on the limited septic demands of the club.
B) The applicants have agreed to close off the access at Old
Crystal Bay Road. Such access could never meet the safety
distance separation setback from the intersection of Fox Street
and Old Crystal Bay Road.
C; The majority of the side and front street yards will be
maintained as grassed areas with the proposed site improvements.
D) The City has received no negative comments or objections from
any of the surrounding neighbors nor are there any records of
previous complaints by the neighbors regarding the current use of
the property.
E) The current use has existed on this property for
approximately 10 years.
5. The City Council finds that the conditions existing on this pro-
perty 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 demon-
strable 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.
6. The City Council f indf- that granting a conditional use permit to
allow the continued private non-profit club use by Minnetonka Alano
Group, Inc. will not 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 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.
Page 2 of 5
4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2486
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of -,-he above findings, the Orono City
Council hereby approves the use of a holding tank on the property per
Section 7 of the Septic Code, Design Manual, and further grants variances
to Section 10.61, Subdivision 5 (A) and Section 10.61, Subdivision 4 (F)
that would permit an expansion of the parking area to within 5' of the side
street lot line instead of the required 50' street setback requiring a 45'
or 90% setback variance, and approves eight (8) parking stalls at 9'xl6'
instead of the required 91x20', and per Section 10.20, Subdivision 3 (C)
grants a conditional use permit for the continued use of the property by
Minnetonka Alano Group, Inc., a non-profit club, subject to the following
conditions:
1. The entrance to the parking lot at Fox Street must be paved. The
area to be paved shall be determined by the Public Works Director.
2. Applicant must obtain a permit from the City to install the
holding tank within the north yard area as showr on the official site
plan, revised by Kelsey Architects Drafting, Delano, Minnesota, by
Duane Kelsey, dated 8/16/88.
3. The eight ( 8 ) stalls that measure 91x16' along the east side of
the building must be marked with appropriate signage designating
compact car parking stalls.
4. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or the special conditions of this resolution will
expire on that date (August 22, 1989).
5. Violation of or non-compliance with any of the terms and condi-
tions 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.
6. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution a -id on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the lroperty.
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2486
Adopted by the Orono City Council on this 22nd day of Augur
ST
. du
n,City Clerk Jame R. Grabek
, Mayo
al in,
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Page 4 of 5
City of ORONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2486
On this LNT14 day of �;r�'(Ft)lt�j; 1989
before me a tary Pub is within and for said county, personally
appeared - C Lf r Al ( 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.
r rti
N6:n:r IW.1;QI�
hENNEV:: �U�VTY
My tommi»;on exWrre E•9•7
3
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
C, /4 -7-1
MY COMMISS10N EXPIRES
On this day of , 198 , before me
a Notary 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 PUBLIC
MY COMMISSION EXPIRES
Page 5 of 5
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
3
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on August 22 , 19 88 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
3rd , day of October , 19 88
O'Mfcothy M.
O ti
•�•�.: � •t � `'`.gip : ,
•
lin, City Clerk