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Home My WebLink About#6413-CUP-2014 � �T�� Doc No A10092323 Certified, filed and/or recorded on Jun 27, 2014 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 42 Pkg ID 1125449M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. � �o� � CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �� y � 6413 �' G1 N O. `'�KE S H�� A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN OPEN PERGOLA ENTRYWAY ADDITION PURSUANT TO ORONO CODE SECTION 78-348 - FILE NO. 14-3671 WHEREAS, Robert von Edeskuty (hereinafter the "Applicant") has made an application on behalf of Calvary Memorial Church, the owner (hereinafter the "Owner") of property located at 2420 Dunwoody Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lot l, Block 7, TOWNSITE OF LANGDON PARK, Herulepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the City of Orono is a rnunicipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulation for the protection of the public health, safety and general welfare; and WHEREAS, the Property contains an existing church and is located in the LR-1 C one family lakeshore residential district. A church is an allowed use within the LR-1 C district by conditional use permit; and WHEREAS, Calvary Memorial operates a church and private school on the Property subject to a conditional use permit granted per Resolution No. 886 in 1978; and WHEREAS, on April 23, 2014, the Applicant made an application requesting a conditional use permit and commercial site plan approval to permit the construction of an open pergola entryway feature at the main entrance to the existing church structure pursuant Municipal Zoning Code Sections 78-142 and 78-348(5); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.3595 et, seq. and the City of Orono Zoning Codes, on May 19, 2014, the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon. Page 1 of 4 � �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�'!� �,G� N O. � � � � KESHO� NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #14-3671. 2. The Property is located in the LR-1C One-Family Lakeshore Residential Zoning District. 3. A church is an allowed conditional use within the LR-1C District. 4. Calvary Memorial Church operates a church and private school subject to a conditional use permit granted by the City per Resolution No. 886 in 1978. �. The Planning Commission reviewed this application at a public hearing held on May 19, 2014 and voted 7 for and 0 against on a motion to approve the conditional use permit and site plan for the open perbola as described herein based on the following findings: a) The proposed pergola will comply with all zoning setback requirements pertinent to places of worship. b) The proposed pergola is relatively non-obtrusive and is compliant with the zoning code. c) The proposed pergola results in almost no change to the site layout or site usage. The pergola does not change the general location of the entrance to the building and does not result in significant changes to pedestrian or vehicular traffic patterns within the site. The existing site plan is in compliance with past approvals. d) Addition of the pergola will require relocation of two of the three existing handicap parl:ing stalls. Parking availability on the site is adequate to absorb this revision: e) The proposed pergola is appropriate and in character with the surrounding land and neighborhood. The pergola design is residential in character and will have little if any impact on the surrounding neighbarhood. � The pergola will have no stormwater impacts. g) The pergola will not impair the use and enjoyment of the property in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. Page 2 of 4 �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � ti � . � � No. 4 3 ��kESH�� h) The pergola is designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed pergola will result in no �rading and will be above existing hardcover, and as a result will have minimal if any environmental impacts. i) The proposed use is consistent with the Community Management Plan; j) The proposed use is not detrimental to the public health, public safety, or general welfare. 6. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 7. 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 the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; and would be in keeping with the spirit and intent 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 conditional use permit and commercial site plan approval to permit the construction of an open pergola entryway feature at the main entrance to the existing church structure pursuant Municipal Zoning Code Sections 78-142 and 78-348(5), subject to the following conditions: 1. Council approval is based on the survey/site plan and general pergola design plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A and B (hereinafter the "Plans"). Any amendments to the Plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicant shall be required to submit an as-built survey for the pergola after it is constructed. 3. The handicap parking stalls eliminated by the pergola shall be relocated per applicable code requirements. Page 3 of 4 . �o�o � C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � yF � G No. b413 `�KESHOR� 4. Authorities granted by this resolution run with the Property not with the Applicant or Owner, but are permissive only and must be exercised by obtaining a building permit for the pergola within one year of the date of Council approval, or the conditional use permit will expire on that date (June 9, 2015). �. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any autharity granted herein, and shall be punishable as a rnisdemeanor. 6. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby a`rees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono Cit}� Council on the 9`" day of June, 2014. ATTEST: � �C'�...k��-L ��C� �� Rachel Dodge, City Clerk Lili Tod McMillan, Ma � �y�,/ Property wner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 1 Io day of �J1/LY��. , 2014 on be�alf of the Owner, Calvary Memorial Church, by E1►?9� I.[.. //h its �j6 G�.t"GL �.1�,�►^ . - . . ,_ __-,-.. rADNESS `7�u C•L �f , .:�1C-MINNESOTA Notary Public "�.ssion Expirp,s Jan.Ji,Z011 °'"� MONICAA.FADNESS �. ��^. NOTARYPUBLIC-AOINNESOTA � :;d.,�,'`` My Commission Expires,lan.31,2017 Page4of4 PC Exhibit B CERTIFICATF. OF S[JRVEY FOR z�„ CALVARY MEMORIAL CHURCH Wo� ' SHORELINE DRIVE ( C0. RD. N0. 15) � OF LOT 1, HLOCK 7, TOVYNSITE OF LANGDON PARK 6j� FiENNEPIN COUNTY, MINNESOTA �o�- S 89°56'30" E 485.01 MEASURED U]ra°�7 406.0 PLAi 6`�� —+--• - - � . .�.—+ - aS�o �lN' ��c�E i S z o�� R:r`a^n�'" :I �,9 Q d= �'p viEA�n�uYEi `�� U � O, 0.) � (KI � g e o ss A 7;e: �iw �� _— - w � c�: �—� ��`� � � .. `H, o � � � a ;G;: � � EXISTING �� ``• r2 > '�� BUILDING '% �'�P�o> �� §6� �r�, � \ g�; : 8 `��r; �zato : � do � °Y,� 1� �A) r• a•� •�o� `�� gag_ s Q � ij p0 Tl \\ =5�� R oq�, � "� "s_E�o E (9�s ' ��' s€� 8 O(�j, ��O ��E ��(P) �B-^ 3 Q� 'y 4II_¢ ^ �O ��`• '��oa 0.�4y� — 2Q$S � e 1� 9 �S�'�� ) /� A g0 � c�0� -2o a Zo �o so � S __— \ � —_ \ __ — / � 5 C A l E i N f E E i \ \ \ � � icc��ocscacrion or rac�escs�. _ i Lo1 1.Bbck].TOWNSRE Of L�NfA�N P�RK � � > o' denols�ion mvkn � e<a.^v�.ne.�ae eo.�a wo��oe.�..�.a do�� iM�m.ey�nlend+lo anow t�e eaundcr'iea I ihe aEave EescrLetl properlY. ��p tlx bcolion ol an erial'�nq c�inc�buipmq me a�ed,t�e localion ol a �i'�Cle Q n e�o...��.�a in�pro otion 1 o ad0�lio�I „oi wvai�o sno.�y'ome.�mwe.�mm�,°o.aK,oa�r��m..n�'san i co.. 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G'+ 4 Cy��.xd" INe !�"�6 ?. t � � _' � � " J' � �.,,''� f :a ; , , , .�� s� �,,� ��.�.�.- , � �� ,��., ,.,�, �„r� �'."'�'� ' ..�-�'* � "� �+�'�""` f r�l ; �, i� .a� r y��l�, � �.lY d � r�,� u . fr7�d ."rsi� . . _ -. ,. , ._. . �� . .. . ..� .t ... , iJ��,�L"�� 1 � �zr�,�Y �"`�s��y��}�». 'P,��''��'�'�:-.�,��*: -.:�y�'`e _ � $. �.. +� .��, r� >f .. �,�ik� � _ ��+T� .�.�,: - �;r._,.,. � :;,,r .,. •� � 4*� �. O, �. � �^µ ' �� P� �- t Y Y� r: ..:e��.:+^� � . '�. .�..+Jp�r�..� . �� '�� . ��'��'�,py�+.��}.��uk,��.�n�M��a�.L2'��IAIR'�ny ai�."rw*^° .F: .,,,��F}:� "`4,.��I" .. V� ..Ai:PRd',�... l�:�� y�� 4A �i�� x�:Q� �"�p.. 4 :�YY 6_�.F"„`„. � .. �r . ��q�Y�wv.`APt�' 4 �p� � . .K � r . Q�w..�., ` '�'.� . � .� u. •aa - �� -eia e�fj � w(^'kY , .....r "'.. .. �r.,..�. ��o �� • f ' u Y Yi - s e e c-.;-..•y�. ,. m-,`, �.�..�»- � Ia. h�i.�;rF`_c� I' •i,a.: • � 6 I �f 'a'q, �d4f .' _ ��- e ni t�i c � ��, .'�r'`kp �q��,�` �+ ��.� �b.:: } �� 5 - � ��,, k Y /'y _ � n�1Lr�i��J � � F�� Y�r_��c.il. .��` ti. .. . � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 9r" , 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand fficially as such City Clerk and the corporate seal of the City this /�'' day of �w� _, 2014. �60� City Clerk