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Home My WebLink AboutResolution 6561 , � �5 S� �h � �r- Doc No A10274653 Certified, filed and/or recorded on Jan 4, 2016 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 1339962M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. {Owi 7 RESOLUTION OF THE CITY COUNCIL NO. 656 A RESOLUTION A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-644 SUBSECTION 11 THROUGH13 FILE NO. 15-3780 WHEREAS, A Plus Properties LLC, a Minnesota Limited Liability Company (hereinafter "the Owner`) is the owner of the property located at 3596 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as: Lots 11-14, Block 7, Navarre Heights, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, Michael and Lisa Larson are the operators of "the Woofington" (hereinafter "the Operators") to be located on the Property; and WHEREAS, the Operators have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-644 Subsections 11 through13 in order to operate a Dog Boarding, Dog Daycare, and Dog Grooming Facility; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 21, and October 19, 2015 and by the Orono City Council on November 9, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. FINDINGS This application was reviewed as Zoning File #15-3780. 2. The Property is located in the B-1 Retail Sales Commercial Zoning District which requires a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. 3. The Planning Commission reviewed this application at a public hearing held on September 21 and October 19, 2015 and recommended approval of the CUP based on the following findings: a. The Property is 27,000 square feet in area and 100 feet in width. Page 1 of 6 OSA{/jo 7 CITY OFF ORCX440 RESOLUTION OF THE CITY COUNCIL NO. 656 1 b. The proposed use is listed as a permitted use within the B-1 Retail Sales Zoning District and therefore is appropriate in the zoning district. c. The modifications to the building and site will improve the character of the neighborhood. d. The building design and layout will mitigate the noise levels resulting from the Woofington in the neighborhood. e. The operations of the business will manage noise in the neighborhood. f. The amount of parking available on the Property limits the use of the building, due to the ratio of parking to building size. g. The Operators and Owner agree to the conditions outlined below. 4. The City Council on November 9, 2015 considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owner, Operators and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the Operators' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Pian of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-644 Subsections 11 throughl3, subject to the following conditions: 1. This CUP is to improve and operate an indoor dog day care, indoor dog boarding, and grooming facility at the Property as shown on the site plan and building elevations attached as Exhibit A. Any amendments to the plan which are not in conformity with City codes may require further Planning Commission and City Council review. 2. The capacity of the facility is 72 dogs (1 dog per 85 square feet; 6,160 square feet/85 = 72 dogs. The total number of dogs on the Property at one time shall not exceed capacity of the facility. ). 3. Dogs boarded overnight (Boarding) or during the day (Day Care) shall be limited to those 25 pounds or less. Page 2of6 ITJ RESOLUTION OF THE CITY COUNCIL NO. 6561 4. The Operators shall maintain a City of Orono kennel license annually as required in City Code Section 62-181. Failure to maintain the kennel license shall render the CUP lapsed. 5. Dogs shall be supervised while outdoors at all times. 6. No more than 10 dogs may be outdoors at any one time. 7. The trash enclosure shall be constructed of materials consistent with the principal structure and located as approved by staff. 8. A solid 6' fence shall be constructed between the Property and the adjacent residential properties to the east. 9. When the average occupancy level for three consecutive months exceeds 50% of capacity, the business shall be staffed overnight. 50% capacity is 36 dogs (72 x 0.5 = 36). 10. A 24-hour contact number shall be posted on the exterior of the building that can promptly respond to concerns or complaints. 11. As part of the regular license inspection to confirm cleanliness and treatment of the animals, and to communicate complaints, the property shall be inspected 3 times per year for the 1st 2 years of business operation. Authorities granted by this resolution run with the Property not with the Operators or Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A satisfactory final inspection interior improvements must be completed within one year of the date of Council approval, or the CUP will expire on that date (November 23, 2016). 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. The undersigned Owner and Operators have read, understand and hereby agree to the terms of this resolution and on behalf of the Owner and Operators and the Owner's 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 the 231 day of November, 2015. Page 3 of 6 RESOLUTION OF THE CITY COUNCIL NO. 6561 L.ili Tod McMillan, Mayor Page 4 of 6 �— �O�V� C ITY QF ORONO RESOLUTION OF THE CITY COUNCIL �1,, �,`'~� N o. b 5 6 1 kESHO� A Plus Properties LLC A Minnesota Limited Liability Company � By� �, its Chief Manager. (Paul Johncox) �� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) d The foregoing instrument was acknowledged before me this �3� day of_ /�.e--�e..rnh.e,� 2015, by Paul Johncox,the Chief Manager of A Plus Properties LLC, a Minnesota limited liabili t y company, on be ha l f o f t he limited liability company. L� 0 . ,��- Notary Public —' currl :� '�� RACHELDODGE +�� N�TARY PUBLIC-MINNESOTA `�. • �.;a, My Commission Expires Jan.31,2020 i Page 5 of 6 , � �Ol VO C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��'� �,G� N o. � 5 6 1 kESH�� Michael Lar n, Operator Lisa Larson, Operator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�day of , 20�by Michael Larson, husband of Lisa Larson. 4 :,�i,...,...�v ��L _ O �l/l ��''��,,e a Pv�ON1CqA.FADNESS Notary Public � ,,�.:;,:�:' NUTARY?UBLIC-MINNESOTA �`;• � -�r'-'�c,^�r,,rssionExpiresJan.31,20'7 ei � .:?.%:.c1,.�,� �:,`,�a-�. y , -�.�.::,;�-�r.�,r'e��„�__�� _-�"_..BJ STATE OF MINNESOTA ) �ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this `�' day of J��.c-�✓v�.�.e�' 20�by Lisa Larson, wife of Michael Larson. �, Notary Public �c y,�'<``;T MONtCF A.FA [��.�� a av�ss '1F, r 'i �`�i!TARY FUBLI��-ivllNhFSOTA 1. ��'^cn�:ssionEx isec �-.. G Ja;i.3l,2R?i �_.�:-::.,. . . __._,_ — Page 6 of 6 � . � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 23, 2015 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the,.ctzi��ra�e s �� d��.City this 29�'day of December, 2015 � � -- �`��• �•,� , ;, , � � r ' •/' �='r�' ��::� �� e Tieg�► �ii��'-�l ' � � � ; z �,< , t '�!�J„= : (.J � '�� 7'm �,',�!1 � �.� ,� : � � o. .� .. . . .r - ff�Yr�•,4-,.Qr�E`.p;; ��'�'"- i '� •- ' � �.��- 4��S�i�� =s� \l,�,�..,.��,;�