HomeMy WebLinkAboutResolution 1646 .
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� Clt� o� ORON , ;
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. RESOLUTION OF THE CITY COUNC' � -
- NO. 1646
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� � � A RESOLIITION APPROVING A CONDITIONAI� IISE PERMIT �- -'
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FOR LOWELL SCHAPER AND GLENN NEI,LIST AIITHORIZING
CONTINIIED NON-CONFORMING IISE OF RESIDENTIAL PROPERTY
AT 3800 WAYZATA BOIILEVARD - FILE #826
'WHER$AS, Lowell �Schaper and Glenn Nellist (hereinafter the
applicants ) have an interest in a property owned by Vicki Wisegarver
(hereinafter owner) located at 3800 Wayzata Boulevard within the City
of Orono (hereinafter "City" ) and legally described as follows :
- Those parts of Lots 11, 12, and 13, "MINNETONKA GARDEN
ACRES" , according to the recorded plat thereof, lying
southerly of the centerline of Hennepin County State Aid
Highway No. 6 Plat 5, as deliniated in Book 70, Page 3844152 of
Hennepin County records. Also the north 1/2 of adjoining
� old County Road No�. 6 riow vacated (hereinafter the property) ;
and
WHEREAS, the applicants have applied to the City for a
• conditional use permit per Section (10.03 ) Subdivision (5A-J) and per
Orono Resolution #1377 , 18 (c) of the conditions of approval to permit
changes in the �non-conforming, commercial use of the residential �
property. ,
NOW, THEREFORE BE IT R$SOLVED by the City Council of Orono,
Minnesota: �
Findings
1. The application was reviewed as zoning file no. 826 .
2.' The property is located in the RR-1B, Rural Residential Zoning
District.
3. On March 22, 1982, Council approved Resolution #1377
establishing standards and limits on the commercial use of the
residential zoned property.
4. In filing application #826, the applicants requested
modifications in the approved use levels and alterations both
� external and internal of the existing structure as follows:
a) Removal of the def ined residential apartment, said area to
be used only for storage and employee rest room, employees
� „ , lunch room and of f ice. .
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RESOLUTION OF THE CITY COUNCIL �
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b) Relocate west access to a more central location on west wall
and removal of existing office area to allow better flow and
� circulation within the store. ' The 188 sf of office area will
not be used as commercial sales area but shall serve only as
open circulation area. �
�) The exterior alterations involve construction of a second
� story loft area, new roof, removal of canopy on south side of
existingstructure, privacyfencing around outdoorsalesarea
and 3 1/2' split rail fence along the boundaries of the
property. Applicants propose no commercial use of the loft
as the loft will be used for display and decorative purposes.
No public access to loft will be allowed.
5. Council has approved applicants request to remove the
residential unit within the existing stru.cture finding no
intensification or extension of the commercial use of the
residential property based on the following findings:
� a) The area occupied by the residential unit shall be used
solely for storags, lunch room/employee lounge and new
office. The approximate 450 sf of the residence apartment
may never be used for commercial sales area.
b) The structure has not contained a residence since late
1970 ' s. ,
c) The City Inspector has never issued a certificate of
occupancy for the rehabilitated apartment. '
d) The previous 3essee and current applicants note the�
f ollowing drawbacks in renting such a unit to an employee or .
owner: �
(1) The existing apartment is too small and cannot
. . provide adequate living area. �
(2) A responsible agent of the store would never want to
live there.
(3 ) Since the applicants all own their own homestead
, farms, they could not claim the apartment legally as
their residence.
. (4 ) A single renter may not wish to be subjected to the .
possible dangers of breakins and the associated
" responsibilities. �
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RESOLUTION OF THE CITY COUNCIL
NO. 1646
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Council approved applicants request to relocate access and
remove existing office finding no intensification or
extension of the commercial use of the residential property
based on the following findings :
a) In relocating the western entrance, the old access will be
closed off providing a more centralized entrance to sales
area.
b) The 188 sf of existing office will be removed and relocated
� in a section of the old apartment. The newly vacated area
will provide better circulation and better flow to sales
areas. The 188 sf will not be used for commercial sales but
serve as more formal, directional entrance area to the store.
7 . Council approved applicants request to modify exterior
� structure to barn motiff with loft area and erect outdoor
fencing finding no intensification or extension of the
• commercial use of the residential property based on the
following findings:
a) The proposed barn like structure is more associated and
consistent with residential use.
b) The removal of the canopy area along south side of building
aspart of proposed reconstruction will completely eliminate
potential use as outdoor sales area. No outdoor sales can
. take place within the area beginning at front line of building
' running to road right of way.
c) The privacy fence along the 20 ' x 25 ' outdoor sales area will
better define the outdoor commercial sales area.
8 . Application #826 does not involve any changes in the
commercial, non-conforming use of the residential property
nor does the application propose�an intensification of the •
. existing commercial use.
9. The major structure changes proposed for the existing
structure will not intensify the commercial use but will
rather create a structure more associated with accessory
residential uses.
� 10. The City has received no negative comments from the
� surrounding property owners notified during the review of
application #826.
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C�t� o� ORONO -
RESOLUTION OF THE CITY COUNCIL
- NO. 1646
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The City never received complaints on the commercial use of
the property as operated by the previous lessee under the
standards of operation setforth in Resolution #1377 .
12. The City, Council has considered this application including
the finding and recommendations of the Planning Commission,
reports by City Staff, and comments by tHe applicant and other
interested persons and the effect of the continued commercial
use of the residential property as proposed on the health,
safety and welfare of the community.
• 13. The City Council finds that granting a Conditional Use Permit
to permit the continued commercial use of the residential
property as proposed will not be detrimental to the health,
safety or general welfare of the public, would not adversely
affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property, nor will it
depreciate surrounding property values and the location and
• proposed use of the residential property will be in keeping
with the intent and objectvies of the zoning code and
comprehensive plan of the City.
� Conclusions, Order and Conditions
Based on the above findings, the Orono City Council hereby
grants a conditional use permit per Section 10. 03, Subdiv [5 (a)
through ( j ) ] and Orono Resolution #1377 to Lowell Schaper, Glenn
Nellist, and Vicki Wisegarver to permit the continued commercial use
of the property located at 3800 Wayzata Boulevard as proposed by the
applicants subject 'to the following conditions: �
, l. Per Resolution #1377, the commercial use authorized by this
conditional use permit shall consist of, and be limited to,
the following:
a) Retail but not wholesale sale of farm produce, nuts,
fruits, vegetables, bedding plants, christmas trees, flowers
and simlar items grown on or off this property.
b) Retail sale of normal grocery items including food stuffs,
bakery goods, dairy products, package meats, fish or poultry,
candy, tobacco, sundries, cooking or cleaningsupplies, paper �
,� products, pet food or bird seed, etc. Food shall not be
cooked on the premises or otherwise prepared or served for
• immediate consumption either on the premises or in the form of
take-out restaurant or delicatessen service,
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RESOLUTION OF THE CITY COUNCIL ,
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c) Retail off-sales of 3 . 2 beer subject to separate
consideration of licensing provisions and requirementse
d) Retail accessory sale of miscellaneous items including
small crafts, pottery, food or cook books, garden supplies or
small quantities of firewood provided such sales are
accessory to the grocery or produce business.
e) Commercial sales and storage shall be confined within the
main building and 500 sf yard area designated as outdoor sales
area. .
f ) Outdoor sales of produce, plants, garden supplies or
. seasonal items such as pumpkins, christmas trees, etc shall be
'� � permitted provided such activities are confined to an area of
approximately 500 square feet located east of the main
building asindicated on Exhibit A. Outdoor display or sales
may not occur in the parking lot nor in the area referred to as
"porch" area of the main building nor in the front yard setback
• area nor in any highway right-of-way.
g) Exterior storage of commercial stock, f ixtures or supplies
shall not be permitted except within the designated outdoor
sales area.
h) The existing detached garage may continue to be used for
inside commercial storage.
i ) Commercial signage for the entire property shall be limited
to approximately 200 square feet including any temporary or
, portable signs. This would not involve traffic directional
signs.
j ) Produce may be grown on-site for sale on the premises.
� k) The maximum number of regular employees on the premises at
any one time shall not exceed 4.
1) The commercial/retail business may be�open to the public 7
days a week; the hours of operation shall be between the hours
of 7 a.m. and 9 p.m.
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RESOLUTION OF THE CITY COUNCIL
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m) At least 15 parking stalls, each at least 9 ' x 20 ' in size,
shall be available at all times to support the approved level
of commercial use. Designated parking stalls must be
maintained so as not to interfere with required building exit
doors, service doors or required space for delivery trucks
•and/or trash containers. ,
2. Prior to reopening the business to the public, the applicants
or their contractors shall obtain all required permits to
correct any code violations on the property specified by the
Building Official.
3. The applicants and owner are hereby notified that the City
Council will not consider any future building construction,
additions or expansion for commercial uses because to do so
would extend or intensify the non-conforming use contrary to
the intent of the Zoning Code and contrary to the intent of the
Comprehensive� Commmunity Management Plan. This provisiom
' does not preclude normal building maintenance, repair or
� incidental alterations necessary to continue the non-
conforming use within the existing structuresaspermitted by
the terms of this resolution and Orono Resolution #1377 .
4. The applicants and owner agree that they have no vested •
. property rights to continue commercial use of the premises
except in strict accordance with the terms and conditions of
this resolution and Orono Resolution #1377 , and that the City
may impose additional conditions as may be needed in the
future in order to protect the� public health, safety and
welfare. Applicant further agree to waive any �rights to
object to such other conditions if after a complete and full
hearing the City Council determines that such condition is
necessary to protect the public health, safety and welfare.
� 5. The conditional use permit shall become effective upon
adoption by the City Council and upon agreement and signature
by the owner Vicki Wisegarver and by the intended leasees, the
applicants, Lowell Schaper and Glenn Nellist. This permit
shall be automatically void if not signed by both owner and
applicants prior to August 7 , 1984.
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCI L
y NO. 1646
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6. This non-conforming conditionaluse permit shall run with the
land and shall be binding upon the property owners, applicants
" and their heirs and assigns, except as follows:
�) This permit shall be automatically void for any violation
of or non-compliance with the terms and conditions of
Resolution #1377 and as amended in the terms and conditions
stated herein.
b) This permit shall be automatically transf errable to a new
or different leasee/operator provided the property ownership
remains unchanged.
c) This permit shall be reviewed and must be transferred by the
City Council upon change in ownership to any party other than
the Keller Trust, Vicki Wisegarver, or Glenn Nellist and
Lowell Schaper.
• d) This.permit for non-conforming use shall be automatically
void upon discontinuance of commercial use for a period of
twelve months (Sec. 10 .03 Subdiv 5 e) , upon destruction by
f ire, f lood or other calamity (Sec 10.03 Subdiv 5 d) , or upon
change to a conforming residential use (Sec 10. 03 Subdiv 5 c) .
7 . This permit shall not serve to grant any property right other
than as specifically provided and conditioned herein.
8 . Any violation of or non-compliance with �the terms of this
permit or Resolution #1377 is and shall constitute a violation
of the Orono Zoning Code, shall automatically terminate any
authority granted herein and shall be punishable as a
misdemeanor.
9 . The undersigned have read, understood and�hereby agree to the
terms of this resolution and hereby agree to the recording of
this resolution in the chain of title of the property.
Adopted by the Orono City Council at a 'regular meeting held
June 11, 1984. �
ATTEST: �
� .� G�i,�.����� C�
Alberta M. Strom, City Clerk Mary C. ler, Mayor
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Ci.t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� ' NO. 1646
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(1 erty ner
( ) Property Owner �
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3 Property Owner
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(4 ) Property Owner �
STATE OF MINNESnTA )
� ) ss . �
COUNTY OF HENNEPIN )
On this a� day of J�� � , 1984, before me a Notary ,
Public within and for said County, personally appeared
��,;, „ D known to me to
�� �. �..� � �.�D� a.._^,- c—�-.��..�,ry .
. be the perso (s) described in and w o executed the foregoing
instrument, and acknowledged that he (they) executed the same as his ,
� � (their) free act and deed. � ,. ' .
. � , . .
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� . . NOTARY PUB C
. � � ��e� 1 �- ► � `� g � �
- � ��•'• � � MY COMMISSION EXPIRE� � - �
� - - - _.�,,..,.r, CINDY J. HEUGR ' � � �-- - . ,
� ` - NOiARY PU3LIC-MINNESOTA
HENNEPIN CQUNTY
My commission expires Dec.12,1989 ,
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c�t� o� oR,oNO , � �
RESOLUTION OF THE CITY COUNCIL
� - NO. 1646 �
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STATE OF MINNESOTA )
) ss .
COUNTY OF I3ENNEPIi�} )
On this day of �(,� ,l�,L, 1984 , before me a Notary
Public wit in � and for sa d County, personally appeared
��vr'LL �,��ia�/� 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 . '
�"'" JOHN R. CaERHARC30N �_��'y�� �'" _._.__ .
.. NOTRRY PUBL
NOTARY PUSUC-MINNESOTA I C . .
� , My�aomml���i N10�,2i�
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MY COMMISSION EX IRES .
� �
STATE OF MINNESQTA )
) ss .
COUNTY OF HENNEPIN )
On this � day of �(,� �,f , 1984, before me a Notary �
Public within and for said County, personally appeared
_ C�L I=,�,�1 iC�/= -/_/S �"' known to me to �
, be the person (s) described n and who executed the foregoing •
instrument, and acknowledged that he (they) executed the same as his
� (their) free act "and deed . • �
.. _ � � .���.�� . .
� JONN R. �ERFlARDSON • NO RY PUBLIC
NOTARY PU6LIC-MINNESOTA � • •
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: � . � ' � MY COMMISSION XPIRES . . .
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