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Home My WebLink AboutResolution 1735 ,� . .�,• ^ :� .; . Ci:t� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 1735 • - • • A RESOLIITIOP7 APPROVING A CONDITIONAL IISE PERMIT FOR LOWELL SCHAPER AND GI�ENN NELLIST APP�tOVING AN AMBNDMENT OF CONDITIONAL IISE PERMIT RESOLIITION 1646 ALLOWING NEW RETAIL IISES WITHIN EXISTING RETAIL AREA OF MARKET • FILE 893 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 • snutherly 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 now vacated (herein- after the property); and WHEREAS, the applicants have applied to the City for a Conditional Use Permit per Section 10.03, Subdivision 5 (H) and to amend Resolution 1646 Item 1 (B) of the Conclussions, Order and Conditions section of that resolution to permit a mini bake, limited delicatessen service and one picnic table to be placed within 20'x25' designated outdoor sales area at the east side of market. NOW, THEREFOR� BE IT RESOLVED by the City of Orono, Minnesota: FINDINGS -- _ 1. The application was reviewed as Zoning File No. 893. 2. The property is located in the RR-1B, Rural Residential Zoning District. '� 3. The applicants have applied for a Conditional Use Permit • to permit a mini bake, providing for on-site baking of prepared doughs, within the existing retail area of the - market, a limited delicatessen service providing delivery or pick-up service of tray foods prepared in kitchen and sold within retail are of market and one picnic table placed . within designated outdoor sales area at east side of market , to serve retail customers. - Page 1 of 5 _, � - '. , Cit� o� ORONO � • � RESOLUTION OF THE CITY COUNCIL � NO. 1735 • - • • 4. On June 11, 1984, Council approved Resolution 1646 granting a Conditional Use Permit to the applicants, sec- � tions of that resolution set forth limitations on the retail � uses of the market, a large non-conforming use, the appli- cants seek amendment of the following section of that resolution: . Item 1 (B) of the Conclusions, Order and Conditions: b) Retail sale of normal grocery items including food � stuffs, bakery goods, dairy products, package meats, fish or poultry, candy, tobacco, sundries, cooking or . cleaning supplies, paper products, pet food or bird seed, etc. Food shal 1 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. � 5. The applicants also seek confirmation per Section 10.03, Subdivision 5 � (H) " incidential alterations which do not extend or intensify the non-conforming use" that the uses proposed above will not intensify. or extend the current market operation. - 6. On February 19, 1985, the Orono Planning Commission voted unanimously to recommend approval of a Conditional Use Permit for the applicants based on one or more of the fol lowing findings: A. The new uses will not involve permanent structural changes or additions to existing structure. B. The new uses will not involve expansion of the � retail area. . C. The new uses will not encourage customers to consume food on the premises as with a restaurant use. D. The new uses appear consistent with the original intent and scope of the market as set forth in : Resolution 1646. .': � E. The applicants have not violated a condition of �i. Resolution 1646. j r . � F. At the current level of operation, there is ` , adequate parking area. The new uses will not create F additional parking demands. �= Paae 2 of 5 . -_ . ' ,J • s - , . C�t� o� ORONO � • RESOLUTION OF THE CITY COUNCI L � 1735 � , NO. • - • • G. The new uses will result in the eliminatiQn or cutting down in one phase of retail and replacement with a new retail use. H. The City has never received a complaint from resi- dents on the operation of the market by the applicants. � . 7 . The City Council has considered this application - including the findings and recommendations of the Planning Commission, reports by City staff, comments by the aplicant and the effect of the additional retail uses in the overal 1 operation of the market as proposed on the health, safety and we 1 f are of the community. � - - 8. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to permit the addition of the new retail uses as • proposed wi 11 not be detrimenta 1 to the hea lth, saf ety 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 wil 1 it depreciate surrounding property values and the location and proposed use of the residential property wil 1 be in keeping with the intent and objectives of the zoning code and comprehensive ,plan of" the City. � CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Section 10.03 Subdivision 5 (H) and Orono Resolutions 1377 and 1646 to Lowell Schaper and Glenn Nellist to permit the addition of new retail uses as specified above at the Summerfield Farms market located at 3800 Wayzata Boulevard subject to the following conditions: � � l. Al1 equipment installed to support the mini bake - operation is subject to the standards of the Uniform ; Building Code and Fire Code. � j 2. Prior to instal ling the delicatessen use, the applicants j must obtain a license from the Hennepin County Community � Health Department for the food preparation operation. : 3. ' All foods consumed at informal outdoor picnic area must be purchased at retail from within market. 4. Foods shall not be served for immediate consumption either on the premises or in the form of take-out restaurant. � Page 3 of 5 ,_r 1 .J , � Clt o�� ORONO � � • � RESOLUTION OF THE CITY COUNCIL � NO. 1735 - � � � � ,� 5. Violation of or non-compliance •with any of the terms and ". conditions of this resolution shal 1 constitute a violation � of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a . misdemeanor. � - 6. The undersigned owner and parties with an interest in• the property have read, understood and hereby agree to the - - terms of this resolution and on behalf of themselves, their � . heirs, successors and assigns, hereby agree to the recording = of this resolution in the chain of title of the property. - � Adopted by the City Council on this llth day of ._ � March, 1985. � • ATT T: ' _ ��• � �, + � _� _.-- - Do othy allin, City Clerk Mary C. =tler, Mayor �� (1) pert - f � _ i �.� �, Page 4 of 5 � � ��. ' . ; Clt� o�� ORO�TO � � RESOLUTION OF THE CITY COUNCIL. . � � ` . NO. . 1735 � � _ � � , . . • ' � � � . .. . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of __ _ _, 1986 before me a Notary Public within and f r said county, personally appeared ��`� �� c;G��known to me to be the pe on(s) described in and who ex cuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. - • J �-,-,-...�,,,_,,,M NO ARY UBLIC - ��'�� H�E�` '•Y I.. ��L�,ST ' . ��.^ f ',n7 .i :�,; -1:1L k•�:40L: . ''t i •.i�i. :..r i,'� C.ti:�:hJTY ' My comm�,sw�� c•.;:,;;;;A�;;il 17, 1991 s/�� ...,,.�.....�.—�----....-�.. M COMMISSION EXPIRES � STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) On this /�� day of �.��f� , 1986, before me � a Notary Public within and for said County, personally appeared /�'�_��. �h2 S�i h c� �%h known to me to be the person(�) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,��,��,� �j-� ,.��a� _ � NOTARY UBLIC � - . :.`�w`° 2!/• f�dl�. �urant >, ,,s-., iar ze ,Z?-��'� - � - s�,�s` P.''�TARY FUBLIC—fJ.L^I;;;OiA =:s x_ � HeNN�P;N CC�:.`:1'iY . . t.U�GTI:;IJ� 70C!1 MY C T�ST'(� Page 5 of 5