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Home My WebLink AboutResolution 1617 _ � ,.. , - . . � � �- �Y 9�� C�t� o� ORONO e ��-�� d . �``�� ' RESOLUTION OF THE CITY COUNCIL ,, .�: NO. 1617 �k r��i��'�"� . aS�i,�F�� . � • ' • • GRANTING A CONDITIONAL USE PERIKIT TO MUNICIPAL ZONING SECTION 34.33PJ — FILE 797 Whereas , New Thought Center , Inc . , Church of Religious Science , a Minnesota Corporation, is the owner (hereafter "applicant") of a property located at 525 Leaf Street and has made application to the City of Orono (hereafter "City") , to permit the continued church use of the property legally described as Lot 12, Block 1, Stielows Ac7dition (hereafter "property") . Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : . Findings I . This application was reviewed as Zoning File No. 797. 2. The property is located in the LR—lA Lakeshore Residential • Zoning District. • 3. In 1959 the City approved a Conditional Use Permit per Municipal �rdinance 34. 330 for church use of the property � for the Andromeda Foundation — Chapel of the Open Door and at that same time issued a building permit for a new church structure. 4. Sometime in I97�d , the contractor , John Lambin, was advised of the need to renew the building permit for the new construction as the original 1969 building permit had expired based on inactivity. � 5. In a letter dated March 24, 19'7�1, John Lambin agreed to renew . the builing permit and call for the necessary inspections so � that the City cou].d issue the required certificate of occupancy. 6. The church has operated since 1969 without a certificate of occupancy for the new church structure and in violation of the following sections of the Municipal Code: � . Page 1 of 7 . � , . . . �� ' � Cit� o� ORQNO �� +(�(t�-� r�� `a � -��`�� 1 � ''p�� ''q" RESOLUTION OF THE CITY COUNCIL . ,.a . NO. 1617 q' � . , : �. : :, �-'') 4 1 - SECo 1�.07. OCCUPANCY CERTIFICATES. Subd . 1 . When Required . A zoning occupancy certificate shall be required for occupancy and use of any buildings hereinafter erected or structurally altered; for new occupancy and use of an existing building when the ne:w use is of a different zoning classification; for occupanc�r and use of vacant land , new use of vacant land when new use is of a different zoning classification; for any change in the use of a non-conforming use . 4Vhere appropriate , the zoning occupancycertificate may be issued as partof building permit . Subd . 2. Prohibition. It is unlawful for any person to do any of the things mentioned in Subdivision I above as requiring an occupancy certificate without having one in force. Any material to the issuance thereof shall be void. Whenever the fact of such false • statement shall be established to the satisfaction of the Zoning Administrator , he shall forthwith revoke the occupancy certificate , by notice to the holder . It is unlawful for any person to proceed thereafter with such work or use without having obtained a new certificate . 2 - SEC. 1�1. 09. Subdivision 6 (B) and (C) B. A conditional use permit may be revokable, may be granted for a limited time, or may be granted subject to such conditions as the Council may prescribe. C. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed , but nothing in this Section shall pr�event the City from enacting or amending official control to change the status of conditional uses .� 3 - SEC. 1b. 09. Subdivision 8 Conditional Uses: Lapse of Permit. A conditional use permit shall lapse one year following the date on which it became effective, unless prior to that time a building permit is issued by the • Building Inspector and construction is commenced and pursued toward completion on the site which was the subject of the conditional use permit app ica�ionT� con i�ionTuse permi�mayT�e renewe�for an addi it onal period of one year provicled that the request be filed prior • " to the expiration of one year from the date when the use permit is filed with the Zoning Administrator . The Council may grant or deny an application for renewal for a conditional use permit. Page 2 of 7 . . • �::;�,.., , • � Ci.t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. �1617 • • � • • VY.. ��'�=J4`S"?:�'�, �" 7. The applicant' s tax exempt application has been denied by the State Department of Revenue since 198I based on the� City' s position that the original I969 conditional use permit was violated because the church has operated for years withouttherequired certificateof occupancyfor the new church structure and in violation of the municipal code as specified above. 8 . On October ?0, I983, the applicant filed for a Conditional Use Permit with the City. R> 9 . On March 19 , 1984 , the Orono Planning Commission reviewed this application and recommended approval of the Conditional Use Permi�t based upon the following findings: a) The property has been used for church purposes since . I908. � b) The church provides a seating capacity of 325 seats and 82 plus parking stalls (9 ' x 20") . c), The church continues to be used by the general public for weddings on weekends. � d) Church structure is used for church or related uses. The applicant has not leased the structure for day care use to an � outside agency or agent. • � e) The City has received no complaints from the neighboring property owners in regard to the use�of this property by the applicant since 1978. � f) The Police Department reports that there have been no parking or related problems at this property. g) The conti.nued use of this property as a church at the ' current level of use — 325 seating capacity - will not create any hazards or endanger the health, safety and welfare of the neighborhood nor of the genera�l public. lg. �As required in the review process of this application, on � April 4, 1984, the Building Official and On Site Septic Manager inspected the property to determine if a certificate of occupancy could be issued for the church structure. Page 3 of 7 :>;µ`>;h�,_ • � C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. �1617 • � • " • • . :.�,ti. . :.+4-,;.,;.:� 11 . The Building Official reports several State Fire Code . violations and will give the applicant 30 days to bring the ' structure into conformance. A certificate of occupancy will be issued to the applicant upon removal of the violations. 12. The On Site Septic Manager' reports a failing septic system at the residence (old caretaker house) and was unable to make a clear determination as to code conformance of the septic system serving thechurch structure. The applicant will have 90 days to make alI necessary repairs. � ` � 13. The City Council has considered this application including the findings and recomendationsof the Planning Commission, reports by the City staff, written comments of the applicant and the effect of the propos�d use on the health, safety and . welfare of the community. � 14. The City Council finds that granting a Conditional Use Permit to allow the continued church use on the property 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 the church use to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. . � � � CONCLUSIONS, ORDER AND CONDIT�ONS Based upon the above findings, the Orono Cit�y Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 34. 330 to New Thought Center, Inc. , Church of Religious Science to permit the church use of the property subject to the following conditions: l . Applicant must remove all State Fire Code and Septic Code violations found on the property as of April 4, I984 , by the deadline date specified by the City staff. 2. Applicant is placed on notice that although the Council has granted a Conditional Use Permit for churci� use prior to the � issuance of a certificate of occupancy that if the City finds the applicant unwilling to cooperate with the City staff in the removal of the specified State Fire Code or Septic Code violations on the property or if applicant is found in violation Page 4 of 7 r , � � 3�� clt� o� oR,oNo • ��= �� 4�� . • � �'N ��¢ ��y:r�.'�' �. . . �j`�'�+h't . . �� A ;'�, RESOLUTION OF THE CITY COUNCIL °'�: " � NO. 1617 x,•-��r'<,..; » , . �y� .;' � U:;�1',/�,tl�; � t'�Y- ' -t k _ i • -.• .��: of or noncompliance with any of the terms and conditions of this resolution that this shall constitute a violation of the Zoning Code, shall automatically terminate any authoritygranted herein and shall be punishable as a misdemeanor . 3. The undersigned owner has read , understood and hereby agrees to the terms of this resolution and on behalf of the New Thought Center , Inc . , Church of Religious Science hereby agrees to the recording of this resolution in the chain of title to the property. The City of Orono hereby agrees to notify the Minnesot� Department of �- Revenue in regard to the applicant' s' application for tax abatement that its specific use of the property is now in compliance with all standards of the Orono Municipal Code . ` • Adopted by the Orono City Council on this 9th day of April , 1984. A 'EST: � CITY OF ORONO „ � , . -- _��' � . _ ity C rk ' Mayor � - De�uty City Clerk r C , �" � + � perty wne�r (s) `_ . (2) . Property .Owner (s) � (3) Property Owner (s) � Page 5 of 7 � � :�. �.��. .�_ . c�t� o� oR,oNo • ��:�- d � ��iF"`�'"�`�`"' RESOLUTION OF THE CITY COUNCIL �� _ �.+,��,_.:� . . NO. 1617 f��,��:• � , � :`� �' �, STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this �` day of , 1984 , before me a Notary Public within and f •sai Coun'ty, personally appeared ��_�� ; �_�� , known to me to be the person (s) described i and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . ` � �, �� ►"'� ALBERTA M. STROM NOTARY PUBLIC „a�• NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY � '�•• My comrtdaslo�h�apkes 3-27-e7 �L�%��o��/ MY COMMISSION EXPIR S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ' On this day of , 1984 , 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 6 of 7 r � h _. • .:a � . C�t� o� ORONO r d . � RESOLUTION OF THE CITY COUNCI L NO. � 1617 • . • � • • . `�;�y - STATE OF MINNESOTA ) • ) ss . COUNTY OF HENNEPIN ) On this day of , 1984, before me a Notary Public with n 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 7 of 7