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HomeMy WebLinkAboutResolution 6678CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 667u A RESOLUTION DENYING A LEVEL II HOME OCCUPATION LICENSE FOR THE PROPERTY AT 4415 FOREST LAKE LANDING WHEREAS, the City of Orono is a municipal 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 regulations for the protection of the public health, safety and general welfare; and WHEREAS, Tim and Lorie Line (hereinafter the "Owners") are the owners of the property located at 4415 Forest Lake Landing within the City of Orono (hereinafter "the City") and legally described as follows: Lots 13-17, Block 1 Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the owners submitted a formal application on August 15, 2016 for a Level II Home Occupation License to allow the owners to offer piano recitals for up to 15 events in 2017, and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, City Code, the Orono City Council held a public hearing on Sepetmebr 12, 2016, at which times all persons desiring to be heard concerning this applications were given the opportunity to speak thereon; and WHEREAS, the City Council has reviewed the application; the recommendations of City Staff, and the testimony submitted by the applicants as well as those received from members of the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested Level II Home Occupation license to allow all recitals on property zoned residential based on one or more of the following findings of fact concerning the Property: Page 1 of 2 181174v2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6672 1. The analysis contained within staff memos dated September 12, 2016; and the exhibits attached to the aforesaid memos, all minutes from these meetings; and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in a residential district and the number of shuttle buses (4 per event) plus the frequency of rental equipment trucks is deemed to be inconsistent with the residential nature of the neighborhood. 3. Piano recitals for 40 patrons are an event best suited for an events center or similar venue, where the infrastructure, including parking and traffic control, supports the use. 4. Life safety standards outlined in the building code, employed at commercial assembly areas are not know to be employed in the subject property, and include fire suppression, exiting, and lighting. 5. The noise produced by the intended use is uncontrollable, including noise form the concert, and from patrons enjoying the grounds, and the noise of delivery vehicles, causing loss of enjoyment for the adjacent property owners. 6. The hours of the intended use, to conclude at 9:45 p.m. on 15 summer weekend nights is not appropriate given the residential district. Adopted by the City Council of the City of Orono on this,,-)e,,th day of�ag,Q , 2016. ATTEST: 41 ane Tiegs, City Cler 181174`/2 Lili Tod McMillan, Mayor Page 2 of 2