HomeMy WebLinkAboutResolution 2075 �
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*��F� � NO. 2075
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A RESOLIITION GRANTING
VARIANCES TO
MiJNICIPAI� ZONING CODE
SECTIONS 10.55, SDBDIVISION 8 AND
ORDINANCE 13, SBCOND SERIES AND
CONDITIONAL IIS$ PERMITS PER
SECTION 10.28, SOBDIVISION 3 (A) AND
SECTION 10.03, SIIBDIVISION 20
. FII�ES 1062 AND 1077
WHER$AS, Ingeborg Cici (hereinafter "the applicant") has an
interes� in the property located at 875 Wayzata Boulevard within the
City of Orono (hereinafter "City") and legally described as follows:
That part of the Southeast 1/4 of the Southeast 1/4 of Section
35, Township 118, North Range 23, West of the 5th PrincipaY
Meridian described as follows: Beginning at a point on the West
line of said Southeast 1/4 of the Southeast 1/4, 29.7 feet North
� of the Northeasterly line of the right-of-way of the Great
Northern RaiYway Company; thence North a�ong the West line of
said Southeast 1/4 of Southeast 1/4 to the South line of the
right-of-way of the E�ectric Short Line Railway Company; thence
Easterly along the South line of said Electric Short Line Railway
Company to the Southwesterly line of State Highway 12, formerly
No. 10; thence Southeasterly along said Southwesterly line of
said Highway to a point distant 385 feet measured at right angles
from the South line of Section 35; thence Wester�y parallel with
and distant 385 feet measured at right angles from the South �ine
of said Section 35, a distance of 1011.05 feet to the point of
beginning.
ALSO, all that part of the Southwest 1/4 of the Southeast 1/4 of
Section 35 , Township 118 , Range 23 , lying South of the
Southeasterly right-of-way line of the Electric Short Line
Railway Company and Northeasterly of the Northeaster�y right-of-
way line of the Great Northern Railway Company, (hereinafter
"property"); and '
WHER$AS, the applicant has applied to the City for a
variance to Ordinance 13, Second Series and a conditional use permit
per Section 10.28, Subdivision 3 (A) to permit the construction of a
day care center/nursery school prior to the comp].etion of the Highway
12 Planning Study and an additional variance per Section 10.55,
Subdivision 8 and conditional use permit per Section 10.03 ,
• Subdivision 20 to permit land alterations and the installation of a
private driveway within 15 feet of a wetland instead of the required
26 feet.
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�;� RESOLUTION OF THE CITY COUNCI L
�� � ` NO. 2075
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NOW, THER$FORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. These applications have been reviewed as Zoning Files #1062 &
1077.
2. The property is located in the RR-1B Rural Residential Zoning
District. �
3. The property is approximately 13 acres in area with 7 acres
of dry contiguous land.
4. The Orono Planning Commission reviewed appYication #1077 on
September 15, 1986, and application #1062 on October 20, 1986,
� and recommended approval of the multiple variances and
conditional use permits sought by the appYicant based upon the
following findings:
A) The proposed day care/nursery schooY use conforms to aY�
standards set forth in the current code.
B�) The proposed �.ocation and conditions by which the day
care center sha�1 be operated wi 11 pose no hazards to the
pubYic health, safety and welfare.
C) The proposed use as amended will not be injurious to
properties or improvements in the vicinity.
. D) The proposal is not found to be in conflict with the
current Comprehensive PYan nor any amendments considered or
proposed by the City during the Highway 12 Planning Study.
E) The only approved safe access to the site wi�.l require
that the applicant install a road either adjacent to or
intersecting an extensive wetland area. Council finds the
east access the only safe access to the site.
5. The City Council has considered these applications including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
� of the proposed variances on the health, safety and welfare of
the community.
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6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting these 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 demonstrabYe 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.
7. The City Council finds that granting conditionaY use permits
to a11ow the installation of a day care center/nursery school
prior to the completion of the Highway 12 PYanning Study wilY not
be detrimental to the heaYth, 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 wiYl it
depreciate surrounding property values and that the proposed
• level of use of the property wi11 be in keeping with the intent
and objectives of the Zoning Code and Comprehensive P�an of the
City.
CONCI�IISIONS, ORDER AND CONDITIONS �
Based upon one or mor.e of the above findings, the Orono City
Council hereby grants a variance to Ordinance 13, Second Series and a
conditional use permit per Section 9.0.28, Subdivision 3 (A) to permit
the installation of a day care center/nursery school prior to the
expiration of the Temporary Limited Development Ordinance and a
variance to Section 10.55, Subdivision 8 and a conditionax use permit
per. Section 10.03, Subdivision 20 to permit the construction of a
private roadway within 15 feet of a designated wetland rather than the
required 26 feet, subject to the fol�owing conditions:
l. Prior to the issuance of permits for building or land
alterations on the above described property, the City must be in
receipt of the fol Yowing: '
A) Developer's Agreement with appropriate security to
assure the fol�owing is completed as approved by the City:
1) Landscaping per Page 4 of final plans referred to
as Final Landscaping Plans.
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• ' • • �, 2 ) Construction of access road and left turn lane -
` ``��'�Y'' final plans to be approved by City and State Highway
Department.
3 ) Erosion control plan.
4 ) Site grading per final approved plan.
B) M.C.�n1.D. permit approving final grading and drainage
plans.
C) Payment of 5 SAC Units with issuance of building permit.
Tota1 payment of $2,375.00.
..D) State Highway Department permit approving access, left
turn lane plans and use of State right-of-way for private
road purposes.
E) Applicant must amend final site plan to provide a 50
foot setback from State right-of-way for parking area within
front/street yard. �
. 2. 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�11 expire on that date (November 10, 1987).
3. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shal 1 automatically terminate any authority granted
herein, and sha11 be punishable as a misdemeanor.
4. 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 lOth day of
Nove ber, 1986. •
ATT T:
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0 othy M. a11in,� City Clerk M y . B . er, Mayor
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Pro r Ow r(s)
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� � RESOLUTION OF THE CITY COUNCIL
� NO. 2075
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this �� — day of �t/-�m,��` , 1986
before me a Notary Public within and for said county, personally
appeared ���.e,J��g �j'�� known to me to be
the person(s) describ� d in nd who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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� TN�RpA 1.. NMB NOTARY PUBLIC
� M�Al1�/IJ�i1Q�MINNESpTA
MENNEPIN COUNTY
M►aonwrw.Non �aa aas2
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MY COMMISSION EXPIRES
STATE, OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �5� da of ��Q-�-�-e-�'"' , 1986, before me
Y
a Notary Public within and fo said County, personally appeared
�O.�rtiC�.2(r 11'�1 � known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowle�dged that he (they) executed the same as his
(their) free act and deed.
,
NOTARY PUBLIC
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� MY COMMISSION EXPIRES
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