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Home My WebLink AboutResolution 1609 ., � � . �. • � Cit� o� ORONO , RESOLUTION OF THE CITY COUNCIL � NO. 1609 • • � � � Granting A Conditional Use Permit Per ��i'�'`�'�'`""� Municipal Zoning Code Section 34.022 And A Variance To Municipai Zoning Code Section 34.5IH And 38.305 - File No. 764 . Whereas, Calvary Memorial Church , (hereafter "applicant") has made application to the City of �rono , (hereafter "City") to permit the construction of a sanctuary additon to the existing church structure on a property located at 2423 nunwoody Avenue and legally described as Lot 1 , Block 7, Townsite of Langdon Park , hereafter "the property" ; and Whereas , the applicant has applied to the City for a Conditional Use Permit to Section 34. 022 to permit construction of an 81 ' X 104' sanctuary addition to the existing church structure and seeks a hardcover variance per Section 34 . 51� for ?_1 ,865 square feet or . 5 acres or 18$ of . additional hardcover over the allowed amount of 41 ,481 square feet or .95 acres or 35� and a variance to Section 38.305 allowing 107 parking stalls .instead of the r.equired 131 stalls for a varaince of 24 stalls. Now, Therefore Be It Re�solved by the City Council of Orono , Minnesota : • Findings . l . This application w�s. reviewed as Zoning File No. 764 . 2. The property islocated inthe LR-1C LakeshoreResidentialZoning District. � 3. On March 1.5 , 1978 , Council approved Resolution �886 approving the original church use on the property. . 4. Resolution #886 advised the applicant that tuture expansion plans may be limited in scope due to substandard� lot area and off street parking availability. , 5. On August 15 , 1983 , the Planning Commission voted to recommend approval of application No. 764 based on the following findings: a) The City has never received a complaint concerning the church use on the property. . • b) The City has received no negative comments from the surrounding neighborhood property owners notified during the review of this application. � c) The proposed addition requires no setback variances or any other vari�nces except for the hardcover and parking variance . . � • . . . . • � C�t� o� ORONO� , RESOLUTION OF THE CITY COUNCIL NO. 1609 � • . • � � • . ) Applicant has agreed to work with the City to reduce the amount of surface runoff created by the excessive hardcover . h. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff and consultants, comments �nd reports of applicant and the effect of the proposed location and use of the proposed addition on the health , safety and welfare of the community. 7 . The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other . property in this zoning district: that granting the variances would ' not adversely effect traffic conditions , light , air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a � substantial property right of the owner ; and would be in k�eping with the spirit and intent of tlie Zoning Code and Comprehensive Plan of the • City and in addition makes the following specific findings: a) the property is located within 509 feet of Lake Minnetonka and subject to the restrictive environmental standards that govern the use� and development of lakeshore property within the City. ' b) in granting a parking variance of 24 stalls, the applicant has reduced the hardcover by 26� . 8. The City Council finds that granting •a Conditional Use Permit to � allow the expansion of the church structure on the property will not be detrimental to the health , safety or general welfare of the public , � would not adversely affect light, air no pose a fire hazard or other danger to neighboring properties, nor will this use depreciate surrounding property values and the proposed level of use of the property will be in keeping with the i�tent and objectives of the 7oning Code and Comprehensive Plan of the City. � CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings , the Orono City Council hereby grants a Conditional Use Permit and hardcover variance and required parking variance to the Calvary Memorial Chu�ch to permit the construction of an 8I ' X I�14 ' sanctuary addition to the existing church structure subject to the following conditions: . 1 . Applicant enters into an agreement with the City to provide for annual inspection of the retention pond and outlet structure to assure adequate maintenance of the proposed system. The City wiil require a performance test prior to acceptance and approvai by the City of the surface water maintenance system. -2- , . � . � • � Clt� o� ORONO , RESOLUTION OF THE CITY COUNCIL NO. 1609 • • • • • 2. A11 proposed improvem�nts to the property shall continue to be for the sole use of the church and/or school per Resolution #885 and Municipal Zoning Code Section 34.022. 3. Applicant must obtain formal approval for the surface water maintenance system fram the Minnehaha Creek Watershed District prior to installation. _ � 4. Applicant is placed on notice that the City will grant no future hardcover variances to this property. All future improvements involving additional hardcover must be matched by removal of either equal or greater areas of existing hardcover . 5. No othPr variances are grante� or permitted for this application. • 6. Violation of or noncompliance with any af the terms and conditions of this resolutian and resolution #886 shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor . . � � 7. The undersigned has read , understood and hereby agrees to the terms of this resalution and on behalf of the church hereby agrees to the recording of this resolution in the chain of titlP of the property. Adopted by the Orono City Council on this 28th day c�f Navember ,l983. ATT ST: CITY OF ORONO ,/i'/. I � C' t � C 1�� C��G� / .� Ma yo r . _._._ _ �� fJ , (1) G� 0 Chairman of Board of Elders . P o pe r t y Own s�}: `—�` �`� .T _ _ `" � Dale A. .Carpenter -3- : ` • � � clt� o� oR,oNO � RESOLUTION OF THE CITY COUNCIL NO. 1609 • • • • • � � (2) �� . �d Chairman of the Trustee Board �� Pro er't Owner� P Y ( ) (3) ��'�— Pastor of Calvary Memorial Church � " Prope ty Owner (s) ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) -On this 27th day of March , 1984 , before me a Notary . . Public within and for - said County, personally appeared -Stephen Sharp and Ro�er A. Creamer kna wn to me to • be the person(s) described in and who executed the foregoing instrument, and acknawledged that he (they) executed the same as his (their) free act and deed. , , . . �''�%z'2%L•P/I�- ��i[��fl��' � - NOTARY PUBLIC � Hennepin County ` � � • ` �_ ,,. Januar�.9. 1990 � � MY COMMISSION EXPIRES - STATE OF MINNESOTA ) • ) ss. • COUNTY OF HENNEPIN, ) ' On this 27th day of M arch , 19E9` , �before me a Notary Public wi�thTin � and for said County, pe-rsonally appeared Stephen Shar�_and Ro�er A. Creamer � known to be the person (s) described in and who executed the foregoing instrument, and • acknawledged that he (they) executed the same as his (their) free act and deed. � � � L%��zU'�'(�!��+��4��2�, _ NOTARY PUBLIC , Hennepin Coun�y , .� , _ r-� -t Janua.ry 9, 1990 - '' ' ` MY,COMMISSION EXP�R�lTV~� -4- � t.e.1 ' . - . ' . . I . � � - Clt� of ORONO � � � . s �.. '� RESOWTION OF THE CITY COUNCIL � , 1609 � NO. ; , . • ` • � • • � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , On this 2'7� day of March , 198;4, before me a Notary Public within� and for s ia d�County, personally appeared ,��_��__ known to me to � be the person (s) described in and who executed the foregaing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . � � �%��i'�r°ln G9��G�� . NOTARX PUBLIC , Hennepin Coun�ty � � � • January 9, 1990 �� . ' \ MY COMMISSION EXPIRES � + � . . -5-