HomeMy WebLinkAboutResolution 2188 ; , , , . .
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
' � NO. 2188
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A RESOLUTION GRI�NTIAiG
A COAiDITIONAL DS$ PERMIT
PER MUNICIPAL ZONIIdG CODE
SECTION 10.03, SIIBDIVISION 5 (H)
AND RESOLIITION NO. 1646
FILE #1132
�' 6�H$REAS, Douglas G. Bumgardner (hereinafter "the applicant") is
the owner and future operator of the property located at 3800 Wayzata
� Boulevard within the City of Orono (here.inafter "City") and legally
described as follows:
_ Those parts of Lots 11, 12, and 13, "MINNETONKA GARDEN ACRES",
„ according to the recorded plat thereof, lying southerly of the
. centerline of Hennepin County State Aid Highway No. 6 Plat 5, as
deliniated in Book 70, Page 3844152 of Hennepin County records. Also
the north � of adjoining old County Road No. 6 now vacated
(hereinafter "property"); and
• WH$R�AS, the applicant has applied to the City of Orono for a
Conditional Use Permit to permit the "incidental alteration" of the
existing structure that contains a legal non-conforming use by permitting
interior alterations that involve the relocation of an office within the
defined commercial f loor area and an equal replacement of commercial f loor
area, a delicatessen use within the counter area defined as Area 1 per
attached f loor plan diagram and_ to relocate an office area of approximately
49 s.f. within a non-commercial floor area per Municipal Zoning Code
Secti�n 10.03, Subdivision 5 (H) and per Orono Resolution No. 1646 seeks
approval of the transfer of the ownership of the property to the applicant.
1dOW, TH$R�FOR�, B� IT RSSOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
1. This application was reviewed as Zoning File #1132.
2. The property is located in the RR-1B Rural Residential Zoning
District.
3. On April 20, 1987, the Orono Planning Commission reviewed the
application as proposed and recommended approval, based on the
following findings:
� • A) The proposed alterations will provide improved circulation
and better access within sales area.
B) The proposed interior alterations will not result in an
� - increase of commercial floor area but merely involves the
redesignation of use areas. - - - -- -- °
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• � RESOLUTION OF THE CITY COUNCIL
� NO. 2188
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C) The proposed alterations and expansion of food service is not
considered an intensification of the existing non-conforming use.
• � D) The City has received no negative comments from the
. surrounding property owners notified during the review of this
� application.
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. E) The City never received complaints concerning the operation
by the previous leasee under the restictive standards set forth
in previous resolutions that govern the use of the property and
will continue to govern the property.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
staff and comments of the applicant and the effect of the proposed use
on the health, safety and welfare of the community.
5. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to
• permit the proposed alterations within the principal structure and to
approve the transfer of ownership to the applicant will not be
detrimenta 1 to the hea 1 th, saf ety or genera 1 we 1 f are of the pub 1 i c,
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 that the proposed level of use of the 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 one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Permit per Municipal Zoning Code
Section 10.03 , Subdivision 5 (H) and per the directives of Orono
Resolution No. 1377 that established the original guidelines for the
commercial use of this residentially zoned property to permit the proposed
alterations of the existing structure as described above and per Orono
Resolution No. 1646 to approve the transfer of ownership of the property to
the applicant, Donald G. Bumgardner, subject to the following conditions:
l. . Per Resolution No. 1377, the commercial use authorized by this
conditional use permit shall consist of, and be limited to, the
following: '
a) Retail but not wholesale of farm produce, nuts, fruits,
vegetables, bedding plants, christmas trees, flowers and similar
• items grown on or off this property.
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_ clt� o� oRONo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2188
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b) Retail sale of normal grocery items including food stuffs,
. bakery goods, dairy products, package meats, fish or poultry,
candy, tobacco, sundries, cooking or cleaing supplies, paper
, products, pet food or bird seed, etc. Food shall not be served
••, for immediate consumption either on the premises or in the form
of take-out restaurant.
c) Retail off-sales of 3.2 beer subject to separate
consideration of licensing provisions and requirements.
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 s.f. 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 s.f. located east of the main building as indicated 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, fixtures 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 s.f. 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.
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1 ) The commercial/retail business may be open to the public 7
days a week; the hours of operation shall be between the h'ours of -
6 :00 a.m. and 9:00 p.m.
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2188
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m) 15 parking stalls 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.
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2. The owner is 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 Community Management Plan. This
provision does not preclude normal building maintenance, repair or
incidental alterations necessary to continue the non-conforming use
within the existing structures as permitted by the terms of this
resolution and Orono Resolution No. 1377.
3. The owner agrees that he has 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 No. 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 agrees 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..
4. This conditional use permit for a non-conforming use shall run
with the land and shall be binding upon the property owners ,
applicants and their heirs and assigns, except as follows:
� a) This permit shall be automatically void for any violation of
or non-compliance with the terms and conditions of Resolution No.
1377 and as amended in the terms and conditions stated herein.
' b) This permit shall be automatically transferrable 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.
d) This permit for non-conforming use shall be automatically
void upon discontinuance of commercial use for a period of twelve
• months [Section 10.03, Subdivision 5 (E) ] , upon destruction by
fire, f lood or other calamity [Section 10.03, Subdivision 5 (D) ],
or upon change to a conforming residential use [Section 10.03,
Subdivision 5 (C) ].
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�� _ Cit� of�ORONO , �
• , RESOLUTION OF THE CITY COUNCIL
� NO. 2188
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5. This permit shall not serve to grant any property right other than
, as specifically provided and conditioned herein.
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6. Any violation of or non-compliance with the terms of this permit
or Resolution No. 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.
7. Authorities granted by this resolution run with the property not
with the owner, 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 will
expire on that date (May 26, 1988 ) .
• 8. The undersigned applicant has read, understo�d 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 26th day of May, 1987.
ATTE T:
�� . .
o y llin City Clerk '� Jam s R. Gra e , Mayor
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pe y O s
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� y C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2188
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On this �0 � day of _� _ Y`, 19�
before me a Notary P blic within and for s id county, personally
appeared known to me to be
the person s) escrib in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
�G��— �
� NOTA Y PUBLIC
T .�MI�NNAE30TA ,
f- ���ousN�
� .�S�-9�
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. .
COUNTY OF HENNEPIN )
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On thi s o°� `7� day of � �'`/ , 19 8�, bef ore me
a tary P bric within and for said ounty, personally appeared
( known to me to be the
person s) descri ed in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
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NOTARY PUBLTC
THERESA L. Nqqg �
NOTARY PtJBLIC� MINNESOTA
�EN� COUNTY �����
"��°s � MY COMMISSION EXPIRES
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