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Home My WebLink AboutResolution 2423 , � , . � • - � � clt o� oR,oNo � • � RESOLUTION OF THE CITY COUNCIL � NO. 2423 • � • • A RESOI,OTION GRANTING A CONDITIONAL DSE PERMIT PER SECTION 10.28, SDBDIVISION 3(A) AND VARIANCES PER SECTION 10.61, SQBDIVISION 5(A) AND A CONDITIONAL IISE PERMIT PER SECTION 10.03, SOBDIVISION 19 FILE �1254 WHEREAS, Craig Moleski, an authorized representative of Trini:ty Lutheran Church (hereinafter "the applicant") has an interest in the property located at 2060 6th Avenue North within the City of Orono (hereinafter "City") and legally described as follows: " Refer to Exhibit A, attached to this resolution (hereinafter "property"); and • WHEREAS, the applicant has applied to the City of Orono for a •Conditional Use Permit to officially approve the existing church use totaling 15,751 s.f. of structure and the proposed additions to said structure totaling 11, 434 s.f. per. Municipal Zoning Code Section 10.28, S�ubdivision 3 (A) and per section 10.61, Subdivision 5 (A) grants a side setback variance of .5' or .05� for an expansion of the parking lot on the east side of the property and a front setback variance of 37' or 74� for the expansion of the parking lot within the required front yard setback area, and per Section 10.03, Subdivision 19 grants a Conditional Use Permit for the use of 300 cubic yards of fill to be used in final grading of the site and approves the commercial site plan submitted by Station 19 Architects, Inc. dated February 16, 1988 for the addition and remodeling of the existing church structure and site improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS l. This application was reviewed as Zoning File #1254. 2. The property is located in the RR-1B Rural Residential Zoning - District requiring a minimum of 2 acres in area for all uses. 3. The property is approximately 4.4 acres in area. • Page 1 of 6 ^ , i d Cit� o� ORONO • � RESOLUTION OF THE CITY COUNCIL �i,"� NO. 2423 • - • • , 4. The Orono Planning Commission reviewed this application on March 21, 1988 and recommended the approval of the proposed parking setback variances based on the following findings. A. The variance wi 11 not a lter the essentia 1 character of the locality. B. The standards for parking are for residential/dwelling units and may not be appropriate for quasi-commercial uses. And recommended approval of the Conditional Use Permit for the existing church use and expansion of the church structure based on the following findings. A. A church has existed on the property since the early 1950's. • B. The existing church structure meets all of the required setbacks and all existing improvements satisfy all required setbacks. And recommends approval of commercial site plan improvements based on the following findings. , � A. The proposed exterior building material is consistent with existing building materials. B. Traffic patterns/flow have been improved with the closing off of the interior access, thereby reducing the potential hazards to safety. C. The expansion of structure and proposed parking areas and changes in grade will not affect the neighboring properties nor create any significant changes . in the existing drainage pattern. 5. The Orono City Council reviewed the applicants request for approval of a Conditional Use Permit to allow approximately 300 cubic yards of fill to remain on the site during construction, such fill to be used in the final grading of the site, based on the following findings. . A. The f i 1 1 has been p laced such that it wi 11 deter severe erosion. • B. The applicant will need additional fill to complete the final grading and landscape plans for the site. Page 2 of 6 �: -.. d Cit� of ORONO • � RESOLUTION OF THE CiTY COUNCIL �, NO. 2423 � • � • • C. The current placement of the fill will not create any problems for the adjacent properties. 6. The City Counci 1 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, 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. 7. The City Counci 1 f inds that granting a conditiona 1 use permit to the allow the expansion of the existing church and the placement of 300 cubic fill on the property 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 will it depreciate surrounding property values and • that the proposed leve 1 of use of the pro�erty wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. ` — CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.61, Subdivision 5 (A) for the expansion of the existing parking area and per Section 10.28, Subdivision 3(A) apgroves a Conditional Use Permit for the existing church use and the proposed expansion of the church structure and grants a Conditional Use Permit per Section 10.03, Subdivision 19 that would allow the borrowing of approximately 300 cubic yards of fill to be used in the final grading of the site and approves the commercial site plans per drawing by Station 19 Architects, Inc. dated February 26, 1988 entitled Addition To and Remodeling of Trinity Lutheran Church, Long Lake, Minnesota consisting of a site plan, grading plan, landscaping plan, floor plans for the lower level and the first floor and elevations. These comprehensive approvals are subject to the following conditions. l. The landscaping/grading glan shall be amended to include screening along the east lot line required as a condition of the setback variance approval. Such screening to be reviewed by the Building & • Zoning staff at the time of the building permit application review. 2. Site plan shall be amended to include the following improvements. Page 3 of 6 . . Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � _ NO. 2423 � ' • - • • A. East access to be realigned in order to line up with North Brown Road intersection to improve traffic flow. B. Curbing to be installed along the east side of the parking area. � C. Sign presently located in right-of-way of County Road 6 to � be removed if Hennepin County Department of Transportation does not submit a letter approving the location of the present sign. D. Designate all approved parking places/stalls on site four � handicapped �talls are to be designated - omit spaces that block loading area on north side of church building. 3. Applicant shall provide adaquate soil erosion control throughout _ the entire building and grading/restoration of site. � 4. Per State Building Code 1305.6905, a fire suppression ,system must be provided throughout the entire church structure. � 5. Per Section 12.30, Subdivision 4(E) of the Orono Municipal Code, a new septic drianfield must be installed by applicant as a result of —the increased septic demands made on--the existing substandard drainfield with the major expansion of the church structure. _ 6. Applicant must provide fire lane posting and additional signage deemed necessary by the fire inspector. _ _ _____ 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by - -app 1 ication for a -bui lding permit within��one year of the date of Council approval, or the special conditions of this resolution will expire on that date (May 9, 1989). — 8. 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 shal 1 be punishable as a misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the church, their Page 4 of 6 • .• yy � q '� w: d c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL . , �J ' � NO. 2423 • � • • 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 9th day of "May, 1988 . ATTE . , othy M. llin, City Clerk James R. Grabec]—, Mayor e s° � � . Property n (s ) • • Page 5 of 6 � �4 � t� j. � ! . .. G � p c�t� o� oR,oNo � � RESOLUTION OF THE CITY COUNCIL � � NO. 2423 • � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Z7 day of _� , 198� be�ore me a Notary Public within and fo said county, personally appeared S. ��, �Y�N�-P-a-�u% 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. �� NOTAR PUBLIC �"' .IOHN R. �ERHARDSON ' f[OZARY PUBLtGMINNE30TA .' #wb�E�4�►�►Niio�r�N1� , � � /a -a�- � — 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, personally appeared known to me to be the � person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC ' MY COMMISSION EXPIRES � Page 6 of 6