Loading...
HomeMy WebLinkAboutResolution 3424 _. . ,• � � � � ��' ITY of ORONO O . O . C . � �`�°�?��=� RESOLUTION OF THE CITY COUNCIL � � ��+� . ' ,, � �► „�, '1 �,, �bJ,�i� �, N0. e� � �� S p� � ���� � og�G , E3II . A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICII'AL ZONING CODE � SECTION 10.03, SUBDIVISION 5 AND A VARIANCE TO SECTION 10.61, SUBDIVISION 5 (A) FILE NO. 1923 WHEREAS, Atelier LeSueur, Inc. (hereinafter the "applicant") has an interest in the property located at 2180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A, attached (hereinafter "property"); and WI�REAS, per Section 10.03, Subdivision 5, the applicant has made application • to the Ciry to allow the continuation of a non-conforming use of the facility as a school of fine arts providing full-time class instruction and a variance to Section 10.61, Subdivision 5 (A) that would allow the continued use of an open parking area located within a required side street yard where no such parking would be allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS 1. This application was reviewed as Zoning File #1923. ' 2. The properiy is located in the RR-1B Single Family Residential Zoning District � requiring two acres in area. The properry 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. � Page 1 of 7 Fam SWS DiskOtono . , . � � ��' . ITY f 0 :: . O C o ORONO • �,'�;e�=� RESOLUTION OF THE CITY COUNCIL r3 ��. ' , Ar ,� � �, '�� �, NO. :3 � �� Y � '��`9�t' Og'�G . Es8 5. On June 12, 1989, the City approved a metes and bounds division that divided the Hill School property from the Minnetonka Art Center. 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 the present, 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 has filed for a conditional use permit to allow the continued use of the • facility or a fine arts school offering full-time instruction. 10. On April 18, 1994, the Orono Planning Commission voted unanimously to recommend approval of the conditional use permit and variance based on the following unique findings: a. The use has existed prior to the creation of the single family zoning district through to present times without interruption. b. The use has had no detrimental effects on the surrounding residential neighborhood. c. The art school to be operated from the Hill School building will continue to share parking facilities of the Art Center of Minnesota consistent with the former comprehensive operation. d. The City has no record of vehicular accidents resulting from the use of the gravel parking areas along the east side of the property adjacent to Briar Street. � • Page 2 of 7 Form 5005 IXsk Orom � � � ��' CITY of ORONO O O • • `�'.?��-� RESOLUTION OF THE CITY COUNCIL r� ±� 1 .' � ,� 'f �Y `��,` �, NO. � � �� ti ��9� og�G EsK 11. The Council finds that the conditions existing on this properry 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 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 finds that granting a conditional use permit to allow the continued use of the faciliry as a fine arts school offering full-time instruction will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a �re 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes , that applicant's proposed use of the property as a school of fine art instruction is a legal non- conforming use of the property and hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5. The Council further concludes that the configuration of the Hill School property and the historic background and school use of the property are unique and � consequently grants a variance that would allow open parking stalls within the required side street yard. This approval is subject to the following conditions: 1. Applicant has received approval of a variance to allow open parking within a required side street yard area as shown on approved site plan attached to this resolution as Page 7. Applicant shall be responsible for installing a median within Briar Street right-of-way as shown on said site plan to be completed by November 9, 1994. Applicant shall provide an updated survey locating travelled ' right-of-way of Briar Street. • Page 3 of 7 Fam5005 DiskOrono � � ��' CITY of ORONO O .,,; O . • � . ?��=� RESOLUTION OF THE CITY COUNCIL � ���' ' •:1 ,'� � � y a,� ��, NO. �d���' '���� , o¢�G ESS 2. Applicant shall retain a licensed architect to address some of the following items as originally set forth in the Building Official's memo of April 18, 1994 that are to be completed by November 9, 1994: � a. Handicap access to first level only. � b. Handicap sanitation facilities. � c. Consideration of occupancy requirements and type of construction. d. Exiting requirements. • 3. This non-conforming use may not be changed to another non-conforming use. 4. 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. 5. 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 reconstrncted 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. 6. 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 conformity with the provisions of the Single Family Residential Zoning District. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by applicant obtaining permits � � from the City to complete the required improvements as set forth in Conditions � � 1 and 2 above to be completed by November 9, 1994. • Page 4 of 7 � Fam 5005 ask dono o � � � �' CITY of ORONO O .,,g,� � O . • e�=� RESOLUTION OF THE CITY COUNCIL � ��t� :; ., �► ,� �1 y .�� ��, N0. e3 4 �� ���� � o4�G . � � ESS , . 8. 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. 9. Annette LeSueur, the Director of Atelier LeSueur, Inc., has read, understood and • hereby agrees to the terms of this resolution and on behalf of herself, 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 9th day of IVIay, 1994. - A ST: � . • Dorothy . Ha lin, City Clerk Edward J. Callah , Jr., Mayor ti Annette LeSueur ' er Director of Atelier LeSueur, Inc. � (ar�r�tv��� ��n �• �i(�l1 Andrea E. Schneider STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of May, � 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry. � C // �/ � GiZ2,(.G�u v Ui� ��1 . LINDA S. VEE NOTARY PUBLIC - MINNESOTA Notary Public . MyH�mmiss o�n eC�i►ea&72�6 � . '` Page 5 of 7 . Fam5005 DiskOrono ' � ��' CITY of ORONO � ���`..� � � • ��;��� RESOLUTION OF TI� CITY COUNCIL � � � .d�,� �, � N0. e� � �� - ti ti ���� og�G Es8 STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this �� day of �u � , 199�before me a Notary Public within ' and for said county,personally appear d �J-n n e� � Su�u�t w n ��c►^r,'� 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. . � LINDA S. VEE NOTARY PUBLIC - MINNESOTA ' . �J � `/ HENNEPIN COUNTY �/ ,.,,"' My commissfon expires &12-96 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this �day of Dc�be✓ , 199�before me a Notary Public within and for said county,personally appeared /')')Q r�,'n B. Sc�n+e�`�-2 r , �%�q�� 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. ` ;� .; LINUA S. VEE NOTARY PUBLIC - MINNESOTA J //Q HENNEPIN COUNTY l%'L..GG� - v�-`� �� My commission exPlres&12�8 ARY PUBLIC NOT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 'I�—day of �G�e b�� , 199� before me a Nota Public within and for said county,personally appeared ��,'n _ chn pi��e/'. /'�� �r �d��E .s� n P r d e r known to me to be the person(s) described in and who execute d e foregoing ins trumen t,an d acknowledged that he (they) executed the same as his (their) free act and deed. ��� � �� NOTARY PUBLIC ' LINDA S. VEE � NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY � My commission expires 8-12-98 • Page 6 of 7 � Fam 5005 Wsk Orono . ' .� . . �; I--- __ ---, I L � . � � �__ � ___ __ � o � � � . . � ___ __ _= o -= � ___ i � � � v� � � 4 • I � !7 `� �� . . . r-- --- � -- � z � • � � �- o , $ �--- , --- ==-- , � � }" � L li ' r,�� ��o W �' 1 • .. _, � � -•�, � i i i i � � � � � > � ' ' � � i ; � t i � i � iql ��G�,O wro ,,,,,.,- � � � � Q I --- N9 •' 0 ' I ���� • O � � � � `-- --[.9-- . 106.00 �'� �' � GRASS , AREA o `" (,�v �' -T -T �i��T -1 o �i� . � G� r' ; � � ' ' -x� ' '9 ' ° �' I � � � J��'P _-t I I I c� �1 P� � ��PR� �1J `— —W so.e GO•58 I �p{ZpOF oF PARkING� � • a ,� . . �� _ o • A� . s � � i pl � ..;, �,�� ;=`, r-- ��.r o ,, .. ., \ � � �w �"� L—— � �`�,�'� – _ __ �_ � � •� � S . ♦ / J � � `1 —— r/J � � ' G0.49 a� � ' �_ �;� � ` "_ . eo.� _ V � ' � . s•�.,w.s���,...i�c r�� . 6,4'wto! �IOCWA ' . . C � 1'' ��o � . R Q o. o � �` � �--���' � Q , . � o L9 ` � ' �•� � � N •���oN�. .: � �------ N Q � z-�.9 • 36.7 ' _ "�SENHNT 0 �-- � � � O O iKfST/A14 �—� � o Z-s7eRY I ►�� � . � N °w000 e+_ne,, ° ---- � • '" IR97 �Q.rr '~" � ID N 1 � � • m F�CIST/1J1� m �•� . TENN�S GvURT 21 I 3s.� 3 ��P� . 3 � , � I . r � % P �_-� • . �� -< � . , . . , ; �' . , •• I .-. � - 5,0 . . :I 0 z � 5� V Gb1JG. GURB � 60.6 _ — — - 69.00 - - - - - - - 'IU6. / `.3_ ---N 90°00�00�� W 175.00--- - '� , � ' 8= ` DR 1V E ` 1 GO RD� � ) J SQn. Sew�rtaSemenf'ptr \ M � DeL. Ne./902993 �o M�f/o. � � Wof1t �nfr'o/C��►'►rr►• — tn — — • � . • r+ �S E Gorn¢r af � . C�ov'f Lo�t S Sec„ lo,T I��, ►ZZ3 . Page 7 c.g 7 � . . ' . . . � . . � � ' 342�4 EXHIBIT A . ' PARCEL A Lot 5, Block 3, MARKVILLE, according to the recorded plat thereof, Hennepin County, Minnesota. PARCEL B � Lots 4 and 6, except the West 69.00 feet oF said Lots 4 and 6. all in Block 3, MARKVILLE, according to the recorded plat thereof, Hennepin County, Minnesota. � '. • • . � . . � . � . , � � ... , ._-..;._---.. ... . �',.. ,. , , ' . : - .M�1xDavisLegalForms �`` �,:'`' ay/�I Form 1007 R��.s-sm ' ' -- . ' _ � STATUTOR.Y SHORT FORM POWER OF ATTORNEY • ' � MINNESOTA STATUTES, SECTION 523.23 ented by this document are broad and sweeping. TheY az'e � IMPORTANT NOTICE: The powers gr uestions about these powers, obtain � defined i.n Minnesota Statutes section 523.24. If you have anY�q � ou wish to do so. This Power of competent advice. This power of attorney may be revoked by y y � - terminated if it is to your spouse and proc�edings are commenced for dissolution, att°mey�s aut°mat�c�y This ower of attorney authorizes,but dces not require, legal separation or annulment of your marriage• P the attorney-in-fact to act for you. 'der PRINCIPAL (Name and Address of Person Granting the Power) 202 ton Oak Court � McLean VA 22102 ATTORNEY(S)-IN-FACT � S'IJCCESSOR ATTORNEY�S?'INFACT(Optiona� � (Name and Address) To act if any named attorney-in-fact dies, resigns or is otherwise unable to serve. � (Name and Address) , D e 1,, oi�Pr Fllst SuCCessor Ma r — ,��� A r.-Fcr Dr;ve — � � Wav + �x SS�g� _ Second Successor NOTICE: ?f more than on� attomey-in-fact is designated, make a check or "x" on the . line in front of one of the following statements: EXPIRATION DATE (Optional) ESCh attorIIey-in-fSCt may i�.depeII- ��PrPmnc�`r �� �32�' dently exercise the powers granted- Use Speci.fic Month Day Year On1Y . All attorneys-in-fact must jointly exercise the powers granted- � int the above named Attorney(s)-In-Fact to act as my attorney(s) ,• I (the above named Principal), aPPo . -in-fact: � , :I . . � . . _. . . .. � � ':. S. . _ . ,. . . :. ' ' .v_.._ � ..�._.:� __..__. ...._.. .. ._ .. _._. .._�._. _ _ _ _ - s, .. . - . - _- - _ .... . . • - -- - - -- ._.._. . ::;; k_ . ��,. _ ' - � - - .. _. - _ . ___ � ° � . . �:- �, . � - . FIRS'I'• To act for me in any waY I myself c°u1d act with respect to the following matters� as each of • them is clefined in Minn�s°�S���� ��on 52324: (To �ant to the attorney-in-fact any of the following powers, make a check or "z" on the line in front of �� �R,�.�g granted.you may,but nced not,cross out each power not granted.Failure to make a check or"g" on the line in front of the power will have the effect of deleting the power unless the line in front of the . . power of(N) is checked or g-ed.) �2C� OI' °S° XX (A) real property transactions; Hennepin I choose to]imit this power to real property in County, Minnesota descsibed as follows: (Use legal description. Do not use strcet address.) ro ��ctions in (NOTE: A person may not grant powers relating to real P P�Y • Minnesota to his or her spouse.) ° Lot 5� �ts � �d 6, except the west 69 �eet thereo�, Block 3, Markville, according to the recorded pla.t thereoP, Hennepin County, Minnesota. - (If more space is needed, continue on the back or on an attachment.) • (g) tangible personal property ti'ansactions; (C) bond, share, and commociity transactions; (D)� banlflng transactions; . (E) business operating transactions; (F) insurance transactions; - � (G) beneficiary transactions; � (g) gift transactions; (I) fiduciary transactions; (J) clai.ms and litigation; , (g) family maintenance; . (L) benefits from militar3' service; (M) records, reports, and statements;. (I� all of the powers listed in (Al through (M) above and all other matters. SECOND: (You must indicate below whether or not this power of attorney will be effective if you become incapacitated or incompetent. Make a check or "x" on the line in front of the statement that expresses your intent.) . � %X �power of attorney shall continue to be effective if I become incaPaatated or . • incompetent. , � This power of attorney shall not be effective if I become incaPacitated or�ncompetent• . • . , � . . ,� • - - .. . . __�.. . . : - . . __ - � �: . _ _. _. . - - - . . -: . -. .-.- - � . _ .__. - - :-- , _ - -- . .�.� _—�dr-i. , � � - • � ' . . '' ' ' _ .. ' — 7f:t • '' ' w THIRD: (You must indicate below whether or not this power of k t�to ge o the line fr n of the � • in-fact to transfer your property to the att°mey-'n-fact. Ma.ke a chec statement that egpresses your intent•) • . '1'hi,y power of attomey authorizes the attorney-in-fact to transfer my property to the attorney- . . in-fact. . , � This power of attorney does not authorize the attorney-in-fact to transfer mY Pr°P�3't° the attorney-in-fact. FOURTH•(You may indicate beiow whether or not the attorney-in-fact is required to make an accounti.ng. Ma.ke a check or "g" on the line in. front of the statement that ezpresses your intent.) � My attorney-in-fact need not render an accounting unless I request it or the accounting is otherwise required by Minnesota Statutes, section 52321. accountings to me My attorney-in-fact must render u�erl Annual) (Monthly, Q Y� . . � d�g my or . � (Name and p ddress) y �a inted, lifetime, and a final accountinS to the personal re resentative of in estate�if anY PP° after my death. In Witness Where �j of I have hereunto signed my name this �� day of �� • 19._.4�• � y` r�t:�:�P� 6 � (Signature of Principal) (Acknowledgement of Principal) �/ . . (,cJ4��i��►��w.� A,`S�r.���- �� �urn b �ra- County of � t was acknowledged before me this �°2'� of ����L � The foregoing mstrumen . , i� o�_� b�" Andrea E. Schneider ^ - . (Insert Name of Principal) ` � .� . !��� Signature of Notary Publ�r� �Gi2���' �¢- r or other Official �1��- �/`��y ..�—;--�-�'-r_-e,ij,7}4� I�:.3 Z'�CG_,.._�.•:.r..� • � Specimen Signature of Attomey(s)-in-Fact This instrument was drafted bY: (Notariyation not required) Banni�an & Ke11v, P.A. � )�1�S b!i nnPGn-t- S�t-rPPt� 4n=tP�750 � . (612) 22�+-3781 � �.