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Home My WebLink AboutResolution 2229 s � � • e � C�t o� ORONO � ,� • RESOLUTION OF THE CITY COUNCIL � NO. 2229 . • - • • A RESOI�OTION GRANTING A CONDITIONAL DSE PERMIT Pffit MiJNICIPAL ZONING CODE SECTION 10.40, SUBDIVISION 4 (B) , VARIAI+ICES TO SECTION 10.40, SDBDIVISION 6 (E) AND A VARYAIJCE TO SECTION 10.61, SOBDIVISYON 10 AND PE�t SECTION 10.40, SDBDIVISION 2 APPROVES THE COMMERCIAL SITE PLAN AND BDILDING PLAN APPLICATION FII.E #958 WHEREAS, Vouyager Service Center, Inc. (hereinafter "the applicant") has an interest in the property located at 2420 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: � � P.I.D. : 20-117-23 11 0002 Unplatted 20 117 23: Commencing at a point in North line of Section • 20 distance 1,761.42 feet East from North 1/4 corner thereof thence South at right angles to a point in Southerly line of County Road No. 15 thence East along said road line 49.58 feet thence on a tangential curve to the left having a radius of 841.51 feet distance 265.42 feet thence South 23 degrees 10 minutes West to center line of County Road No. 19 thence Northwesterly along said center line to North line of Government Lot 1 thence East to beginning except road Section 17 and 20; Hennepin County, Minnesota (hereinafter "property"); and WHLREAS, the applicant has made application to the City of Orono to permit the expansion of the existing full service station use per Section 10.40, Subdivision 4 (B) , per Section 10.40, Subdivision 6 (E) to grant a right side street setback variance of 15' or 42$ where 35 feet is required and a left side street setback variance of 8' or 23$ where once again a 35 feet setback is required, per Section 10.61, Subdivision 10 to grant an off-street parking variance of 3 stalls or 12$ where 26 stalls are required based on the proposed use level of the property and per Section 10.40, Subdivision 2 seeks approve of the commercial site plan and building plan for a mixed use facility consisting of a convenience store/full service station/car wash. NOW, THSREFORE, B$ IT RBSOLVED by the City Council of Orono, Minnesota: FINDINGS • 1. This application was reviewed as Zoning File #958. 2. The property is located in the B-1, Retail Sales Business Zoning District. � Page 1 of 5 � � � � _ �Y;�a Cit o� ORONO � � • : ��:..*:.;� �;� RESOLUTION OF THE CITY COUNCIL k,,.,. ..�,;;�.'Yx N O. 2 2 2 9 .,;µ ,.� • ;�;�,�- • ' • • ,Z F.,... 3. The property is approximately 37,868 s.f. or .87 acres in area. The B-1 Zoning District requires 20,000 s.f. in area. 4. The Orono Planning Commission reviewed this application on June 15, 1987, and recommended approval of� the proposed conditional use permit, variances and the commercial site plan and building plan per drawings by Jack Welsh and Associates. The Planning Commission approved the variances to the required side/street setback of 35 feet based on the following hardships: a) The narrow shape of the lot at the northwest corner of the property; � b) The Hennepin County Department of Transportation has asked • for additional right-of-way along the lot lines of this severely limited corner of the property; c) The location of the existing service station/garage on the property; • And approved a parking stall variance of 3 stalls where 26 are required based on the following findings: a) Ten additional parking stalls are available at gas dispensing aisles for quick sales - convenience store customers; b) Four , additional stalls are available for cars served within service bay area of service garage. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor 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 demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. , 6. The City Counci 1 f inds that granting a conditiona 1 use permit to allow the expansion of the full service station will not be � detrimenta 1 to the hea lth, saf ety or genera 1 we 1 f are of the pub 1 ic, 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 will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 <. � . : ' � `�� i�, Clt o� ORONO � di� t �' • ' ` J -:" : RESOLUTION OF THE CITY COUNCIL , • ` NO. 2229 ��,.. • - • • :�r.l CONCLQSIONS, ORD�R AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants setback variances per . Municipal Zoning Code Section 10.40, Subdivision 6 (E) , offstreet parking variance per Section 10.61, Subdivision 10 and per Section 10.40 , Subdivision 4 (B) grants a conditional use permit for the expansion of the existing full service station use and per Section 10.61, Subdivision 10 approves the commercial site and building plans per drawings by Jack Welsh and Associates as follows: a) Site plan, 85-018 revised 6/30/87; b) Floor plan and building elevations, 85-018 dated 6/30/87. c) Canopy elevations, drawn by S.M. dated 7/16/87 and revised for the ' Council's review at their meeting of July 27, 1987; and subject to the following conditions: 1. Prior to issuing a building permit or general permits for the • improvement of the property based on the plans noted above, the following must be submitted to the City: a) Updated survey by licensed/registered surveyor locating new County right-of-way and proposed improvements; b) Legal description - of the right-of-way to be deeded by quit- claim deed as an easement - County may create legal description for said easement. c) Payment for SAC charges and sewer unit to be determined by the City upon final review of working plans. d ) Execution of a Developers Agreement to insure that landscaping is restored in al 1 disturbed areas, repaving of all disturbed areas, installation of curbs and gutters and drainage structure if required by the M.C.W.D. e) Letter of Credit in an amount equal to 150$ of the required improvements set forth in Item D above. 2. Working drawings to be submitted with building permit application must be signed by an architect and an engineer licensed within the State of Minnesota. • 3. The entire structure shall be serviced by a sprinkler system per Appendix E of the State Building Code and the drive on the north side of the building posted as a "Fire Lane" . , Page 3 of 5 � ., �' � . .. � � f�. � : �� . Cit o� ORONO S � • RESOLUTION OF THE CITY COUNCIL ��, � ' ,- �� . NO. 2229 • - • • �`'�7 4. permit from the City is required for the removal and installation of underground gas tanks. The State Uniform Fire Code standards shall apply for both the removal, relocation and placement of underground tanks. 5. The undersigned, as authorized agents of Vouyager Service Center, Inc., hereby agree on behalf of themselves, their heirs, successors and assigns to close off either one or both accesses closest to the intersection of County Roads 15 and 19 upon documentation and verification by the City of Orono or the Hennepin County Department of Transportation that accidents (personal injury and/or property damage) have occurred resulting from the use of the subject accesses or as a result of a potential increase in use of the proposed right turn lane to be installed by Hennepin County and that the undersigned further agree to close off the accesses within 10 days of verification with ' written notice by the City of Orono or the County of Hennepin. 6. 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 will expire on that date (July 27, 1988). , 7. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a mi-sdemeanor. 8. The undersigned applicants 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 Orono City Council on this 27th day of July, 1987. ATT T: / / / � . thy M allin, City Clerk - Jam s R. Grabek, Mayor b'�i�v� � .��.c,�.�va� Erwin Smith Jo O'Sullivan � ' Page 4 of 5. < : , . . � � . , � } ;. rs • � �d= �� Clt� o� ORONO � , • RESOLUTION OF THE CITY COUNCIL � " NO. 2229 • - • • - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this 26th day of August , lgg7 before me a Notary Public within and for said county, personal ly appeared Erwin Smith 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. THEWESA L. NAAB NOTARY PUBLIC �� .MINNE30TA • �MEN�NE�N�Ny.�e.�2 , 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) - T )ss. COUNTY OF HENNEPIN ) On this 26th day of August , 1987, before me a Notary Public within and for said County, personally appeared John O'Sullivan 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 ' THERESA L. NAAB NOiARY PUBl.10-MINNE30TA 9/8/9 2 MY EN��N�N 92 MY COMMISSION EXPIRES � Page 5 of 5