HomeMy WebLinkAboutResolution 2042 , � , ° +..
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•'.+ � RESOLUTION OF THE CITY COUNCIL
� 2042
� NO.
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A RESOLDTION GRANTING
A CONDITIONAL IISL PERMIT
PER MDNICIPAL ZONING COD$
SECTION 10.50, SDBDIVISION 3 (A) (1) AND
VARIANCES TO
SECTION 10.50, SUBDIVISION 5 (F) (2) AND
ORDINANCS 13, SECOND SERIES, SBCTION 2
- FIL$S #1048, 1049 AND 1063
WHEREAS, Washington Scientific, Inc. , a Minnesota
Corporation, (hereinafter "the applicant") owns a property located at
2605 Wayzata Boulevard within the City of Orono (hereinafter "City")
and legally described as follows:
All that part of the South 1/2 of the Northeast 1/4 of Section
33, Township 118 North, Range 23 West, described as follows:
Commencing at a point on the South line of the said Northeast 1/4
at its point of intersection with the West line of the East 66
� rods thereof; thence North along the West line of the said East
66 rods to the North line of the South 1/2 of said Northeast 1/4;
thence West along said North line 460.5 feet; thence South to a
point on the South line of said Northeast 1/4, 460.5 feet West of
� the point of beginning; thence East 460.5 feet to the point of
� � beginning, al 1 according to the U.S. Government Survey thereof,
� (hereinafter "property"); �. and
WH$R$AS, the applicant has made application to the City of
Orono to permit the construction of an accessory structure 70'x25' per
Section 10.50, Subdivision 3 (A) (1) to be completed in a finished
metal exterior rather that the brick exterior of the main building as
required in Section 10.50, Subdivision 5 (F) (2) and to permit such
construction prior to the completion of the Highway 12 Planning Study
requiring a variance to Section 2 of the Temporary Limited Development
Ordinance 13, Second Series.
NOW, TH$R$FOR$, BE IT R$SOLVED by the City Counci 1 of Orono,
Minnesota: '
FINDINGS
1. This application was reviewed as Zoning Files #1048, 1049 and
1063.
• 2. The property is located in the Industrial Zoning District.
3. The property is approximately 14 acres in area.
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• ,l � ` RESOLUTION OF THE CITY COUNCI L
'��4 NO. 2042
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4. The Orono Planning Commission reviewed this application on
July 21, 1986 and August 18, 1986, and recommended approval of
the proposed variances and conditional use permit for the
accessory structure within Orono's Industrial District based on
the following findings:
A) To approve a variance to Section 2, Ordinance 13, Second
Series:
1. The non-controversial nature and minimal scope of
this application does not find the use in conf lict with
the intent of the Comprehensive Plan nor with the
purpose and intent of the Highway 12 Planning Study.
2. The application appears to be compatible with all
zoning amendments considered with the Planning Study.
3. • The proposed use wi 11 have no negative impact on
. � the health, safety and welfare of the public.
B) Approval of conditional use permit and varianc�s for
accessory structure:
� 1. The detached structure is required by the P.C.A.
� � for the storage of chemicals used in operation.
: .. : <'_��;�';�:-� •
� � ' 2: Stru�ture`_wi l l be �located� to rear of. main bui lding ��
and screened by fenced area. �
3. Location of structure will not present hazards for
the general public nor occupants of main building but
will provide even greater safety measures for
. applicant's overall operation.
� 4. Accessory structure will allow applicant to clean up exterior
storage area and comply with standards of Orono Ordinance 10.60,
Subdivision 14 - Waste Materials.
5. The City Council finds that the conditions existing on thi:::
property are peculiar to it and do not apply generally to othe��
property in this zoning district; that granting the varianc^
� would not adversely affect traffic conditions, light, air noi
. . •. pose a fire hazard or other danger to neighboring properties;
would not merely serve as a convenience to the applicant, but is
• necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
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� ��_� . Clty o� ORONQ � �
�• RESOLUT.ION OF THE CITY COUNCIL .
Q�1 , NO. 2042
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6. The City Council finds that granting a conditiona2 use permit
to the applicant for the installation of a 70' x 25' accessory
structure would 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 wil 1 it depreciate surrounding property values
and that the proposed level of use of the property will be in
keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
CONCLIISIONS, ORDER AND CONDaTIONS
� Based upon one or more of the above findings, the Orono City
� Council. hereby grants variances to Municipal Zoning Code Sections
10.50, Subdivision 5 (F) (2) and Section 2 of Ordinance 13, Second
Series and grants a conditional use permit per Section 10.50,
Subdivision 3 (A) (1) to permit the installation of an accessory
structure finished in a metal exterior prior to completion of the
Highway 12 Planning Study, subject to the following conditions:
l. Applicant to provide landscaping within rear yard area
affected by proposed improvement per landscaping standards to be
adopted upon the conclusion of the Highway 12 study.
2. Applicant to submit current M.S.D.A. sheets on regular basis
to Orono Building & Zoning Department.
3. Existing metal shed in fenced open yard area to be removed
within 6 months of the date that the building permit is issued
for accessory structure.
4. Applicant to sprinkle main building per Corporate Improvement
Plan• for the year 1987.
5: Authorities granted by this resolution run with the property
not with the applicant, but are permissive only and �must be
exercised by application for a building permit within one year of
the date of Council approval, or the special conditions of this
resolution W�i1 expire on that date (September 8, 1987).
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' � '�' RESOLUTION OF THE CITY COUNCIL
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�/��J�'�', °'�5 NO. 2042
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6. Violation of or non-compliance with any of the terms and
condition�s 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.
7. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 8th day of
Sept�lber, 1986.
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� ATT ST:
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D thy M. llin, City Clerk Mary C. tler, Mayor
i�iG� �
Prope� ner(s) _
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Cj,�,� 0� O�,O��'�r� 41486. 4 •
� RESOLUTION OF THE CITY COUNCIL
� NO. 2042
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STATE OF MINNESOTA ) �
) SS • (Corporate Acknowledgment)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
• 2� day of S�P���aE� , 1986, by
— 'l�. c1 . LtJCK� . ��s�PRES.pc,Ji�aFFicc2
/' / ,(Title)
� 1N.4�//i�/�`TO�S /B.JT1F/�'/iJO inI�. .
(Name of Corporation)
a i�iinnesota Corporation on behalf of the corporation.
'� DENN13 W, BECKER
.!! � NOTAqV PV81�C—MINNE$OTA
HENNEPIN COUNTY
My Commission Expires Mar.24,19g2 ��lL �i�,y�Gp ��p�,�s��
.� y NOTARY PUBLIC •
, ������ 2 Y ��z
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City
of Orono per Minnesota Statutes 386. 77. .
State Deed Tax Due Hereon: Exempt � �
This instrument was drafted by:
City of Orono � �
P.O. Box 66
Crystal Bay, MN 55323
473-7357
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