HomeMy WebLinkAboutResolution 2486 .:, �
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:: : � Cit� o� ORONO �
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•,;�:;; � RESOLUTION OF THE CITY COUNCIL
-� NO. 2486
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A RESOLDTION GRANTING
� A CONDITIONAL IISE PERMIT PER
M[JNICIPAL ZONING CODE
� SECTION 10.20, SDBDIVISION 3 (C)
AND VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.61, SUBDIVISION 5 (A) AND
SECTION 10.61, SUBDIVISION 4 (F)
� •� FILE #1265
WHEREAS, Roger A. Koehnen, an authorized representative of the
Minnetonka Alano Group, Inc., (hereinafter "the applicant") has an interest
in the the property located at 2760 Fox Street within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 24 and that part of Lot 23 lying West of the East line of Lot 24
extended North, all in Auditor's Subdivision No. 229, Hennepin County,
Minnesota (hereinafter "property"); and
• WHEREAS, the app licant has made application to the City of Orono
per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to allow the
. continued use by the applicant of the property for a non-profit club use,
' and in conjunction with the upgrading of the site, seeks the following
variances:
� Per Section 10.61, Subdivision 5 (A) - A street setback variance is
required for the new alignment of the parking lot located 5' from the
' street side lot line instead of 50' requiring a 45' or 90� variance;
and
� Per Section 10.61, Subdivision 4 (F) - Applicant also requires a
• parking stall size variance for eight (8) stalls measured at 9'x16'
` rather than the required 9'x20'; and
Per Section 7 of the Orono Septic Code Design Manual - seeks approval
: of the City for the use of a holding tank on the site.
NOW, THEREFOR$, BS IT RESOLVED by the City Council of Orono,
� ---Minnesota: -
` . FINDINGS
1. This application was reviewed as Zoning File #1265.
T • _ 2. The property is located in the RR-1B Single Family Rural
Residential Zoning District requiring a minimum of 2 acres of dry
contiguous land in area. The property consists of 24,677 s.f. or 0.56
= acres.
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3. The Orono Planning Commission reviewed .this application on May 16,
1988 and unanimously recommended approva°1 of the conditional use
permit and variances sought by the app licant and as noted above, based
on the following findings:
A) The non-profit club use of this severely limited property .
located within the rural unsewered areas of the City is an ideal
use based on the limited septic demands of the club.
B) The applicants have agreed to close off the access at Old
Crystal Bay Road. Such access could never meet the safety
distance separation setback from the intersection of Fox Street
and Old Crystal Bay Road.
C) The majority of the side and front street yards will be
maintained as grassed areas with the proposed site imp"rovements.
, • D) The City has received no negative comments or objections from
� • any of the surrounding neighbors nor are there any records of
, previous complaints by the neighbors regarding the current use of
the property.
� E) The current use has existed on this property for
� approximately 10 years.
. 5. The City Council finds that the conditions existing on this pro-
� � perty are peculiar to it and do not app ly generally to other property
' in this zoning district; that granting the variance 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 al leviate 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 continued private non-profit club use by Minnetonka Alano
_ Group, Inc. will 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.
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• F'" RESOLUTION OF THE CITY COUNCIL
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CONCI�USIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby approves the use of a holding tank on the property per
Section 7 of the Septic Code, D2sign Manual, and further grants variances
to Section 10.61, Subdivision 5 (A) and Section 10.61, Subdivision 4 (F)
that would permit an expansion of the parking area to within 5' of the side
street lot line instead of the required 50' street setback requiring a 45'
or 90$ setback variance, and approves eight (8 ) parking stalls at 9'x16'
instead of the required 9'x20' , and per Section 10.20, Subdivision 3 (C)
grants a conditional use permit for the continued use of the property by
Minnetonka Alano Group, Inc., a non-profit club, subject to the following
conditions:
: • 1. The entrance to the parking lot at Fox Street must be paved. The
area to be paved shall be determined by the Public Works Director.
2. Applicant must obtain a permit from the City to install the
• holding tank within the north yard area as shown on the official site
plan, revised by Kelsey Architects Drafting, Delano, Minnesota, by
Duane Kelsey, dated 8/16/88.
, 3. The eight (8) sta 11 s that measure 9'xl6' a long the east side of
' the building must be marked with appropriate signage designating
compact car parking stalls.
4. 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 (August 22, 1989).
5. 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 misdemeanor.
� 6. 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.
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t;,� � RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council on this -22nd day of August,
1988 . .
ATT ST:
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� D �rothy allin, ity Clerk Jam R. Grabek, ayor
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Pro rty wn (s) /
,L.� C�?-� a� ��°K1�I�TON�� �/�a ��N����
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RESOLUTION OF THE CITY COUNCIL
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' '� NO. 2486
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
On t h i s ��� d a y o f ���a��'�%l�'1i�j� . 19 8$
before me a N • ary P 1i�i within and for said county, personally
appeared ��-{�R_ �. KO��Af�.A� 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.
"`��'"`'"}� LAURiE K. SCHEFFLER ^
.T.,.�CYtr 4 A
��`'`�� ''� NOTARY NU9LiC—fdINNE50TA O ARY PUBLI C
Y ..��.�''.y�,�
' '''�:w.,Y HENNEPIN COJNTY
�i���,�:,?� My cemmission exj�iresf•8-93
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. MY CO ISSION EXPIRES
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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 t�he
' 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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