HomeMy WebLinkAboutResolution 2375 ,�
� e� .
d Cit o� ORONO
_ �'
• � RESOLUTION OF THE CITY COUNCIL
�, NO. 2375
• � • •
'� A RESOLUTION GRANTING
� A CONDITIONAL DSE PERMIT PER
MONICIPAL ZONING COD$
SECTION 10.44�, SOBDIVISION 4 (A) (1)
AND VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.44, SIIBDIVISION 6 (E) AND
SECTION 10.61, SQBDIVISION 10 (L)
FILE #1240
WHEREAS, Richard Plaisted, an authorized agent of S.R. •
Partnership, (hereinafter "the applicant") has an interest in the property
located at 3574 Shoreline Drive within the City of Orono (hereinafter
"City") and legally described as Lots 15, 16, and 17, Block 7, Navarre
Heights, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of Orono
• to permit relocating a storage structure, a drive-through window addition
on the west side of the existing structure, and iristall new paving and
landscaping per Section 10.44, Subdivision 4 (A) (1) and a variance to
, Section 10.44, Subdivision 6 (E) requesting a 13' or 37$ rear setback
variance for the accessory structure allowing a 22' setback instead of the
required 35' , and a variance to Section 10.61, Subdivision 10 (L) for a
parking variance of 32 stalls or 68� allowing 15 stalls where 47 are
required.
NOW, THBREFORE, BE IT RESOLVED by the City Council of Orono, �
Minnesota:
. FINDINGS
1. This application was reviewed as Zoning File #1240.
2. The property is located in the B-5, Limited Neighborhood Business
Zoning District.
3. The property is approximately 20,175 s.f. or .46 .acres in area.
The B-5 zoning district requires 20,000 s.f. or .45 acres in area.
4. The Orono Planning Commission reviewed this application on
February 16, 1988, and recommended approval of a conditional use
permit per Section 10 . 44 , Subdivision 4 (A ) ( 1 ) for the
. improvement/upgrading of the property as specified above and
recommended approval of the proposed variance to Section 10.44,
Subdivision 6 (E) for a rear setback variance for the accessory
structure of 13' or 37$ and a variance to Section 10.61, Subdivision
10 (L) for a parking variance of. 32 units or 68$, based on the
following findings:
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d Cit� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2375
• � • •
A) The property conforms to all lot standards of the B-5 zoning
district and the use is a permitted use with a conditional use
permit.
B) The Dairy Queen use has existed on the property for over 20
years and the City has no record of any problem with the
operation of that use.
C) The proposed changes will not involve an intensification of
the use but will provide more efficient use of the site and
greater safety for the public who frequent the Dairy Queen.
D) The relocated structure and controlled egress and ingress to
the property will provide a better and safer traffic f low for the
site.
E) The associated paving and landscaping improvements will be
consistent with the upgrading of County Road 15.
� 5. The City Counci l f inds 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, lighto 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 al leviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of �he 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
the applicant for the proposed improvement wil 1 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 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.
CONCLOSIONS, ORDTR 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 10.44, Subdivision 4 (A) (1) and variances to Sections 10.44,
• Subdivision 6 (E) and 10.61, Subdivision 10 (L) to permit the relocation of
a storage structure, drive-through window addition on west side of the
existing structure, and the installation of new paving and landscaping,
subject to the following conditions:
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d Cit� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2375
• � • •
l. Prior to the issuance of a building permit by the City of Orono
for the structural improvements, the applicant must submit the
following to the City:
a) Executed Developer's Agreement plus Letter of Credit written
to 150$ of the cost of all landscaping and paving improvements
adjacent to the County Road per landscape plan drawn by B.W.B.
for the Navarre Dairy Queen dated 2/16/88 and per site plan by
� Heald Construction Company, Inc. dated 2/5/88 drawn by E.H.H.
b) Applicant shall execute the legal combination papers for the
legal combination of the three lots. '
c) Hennepin County permit for working within the right-of-way of
County Road 15.
2. Applicant to maintain 15 parking spaces and safe and adequate
traffic f low for drive through use and parking lanes per amended site
• plan by Heald Construction Company, Inc. dated 2/5/88.
3. 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 (February 22, 1989).
4. Violation of or non-compliance with any of the terms ancl condi-
tions of this resolution shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and
shal 1 be punishable as a misdemeanor.
5. 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 22nd day of February,
� 1988.
ATT � T: �,-
R
�
/:� =`�G' / .
� �
0 othy M. 1lin, City Clerk Jame . Gr , yor �
•
P opert Owner( ) .
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� d c�t� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
�
� N0. 2375
• ' • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this lOth day of November , 198 8
before me a Notary Public within and for said county, personal ly
appeared Rick L. & Gloria Plaisted 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. �
THE!lESA L. NAAB
� . /
• NpT�wY NJ�t�o�MiNNESOTA NOTARY PUBLIC
HENNEPiN COUNTY
t�►oomrra�ton�xptros 9-e-s2 .
9/8/92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personal ly appeared
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
• MY COMMISSION EXPIRES
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