HomeMy WebLinkAbout#4753- CUP-2002 �. i � �
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� G��' RESOLUTION OF THE CITY COUNCIL
L�SHOj� NO. � �d � e�
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 3 (B),
FOR PROPERTY LOCATED AT
177 Glendale Drive
FILE NO. #02-2741
WHEREAS, Calvin Presbyterian Church(hereinafter the"applicant") is the owner
of the property located at 177 Glendale Drive within the City of Orono (hereinafter"the City") and
is legally described as follows:
Attached as "Exhibit B"
WHEREAS, after due published notice and mailed notice in accordance with
Nlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on January 22, 2002, at which time all persons desiring to be
heard concerning this application w•ere given the opportunity to speak thereon; and
WHEREAS,a church and school building were constructed on the property in 1959.
Calvin Presbyterian Church has continuously occupied the buildin� and associated property since
1960.
WHEREAS, the applicant has applied to the City for a conditional use permit per
Municipal Zoning Code Section 10.28, Subdivision 3(B) to construct a 3,335 s.f. addition to the
church.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
�Minnesota:
FINDINGS
1. This application�vas reviewed as Zoning File #02-2741.
2. , Churches are a conditional use in the RR-1 B zoning district, subject to the proposed
use meeting all requirements of the Zoning Chapter and the Conditional Use Permit
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�L ��,'�'/i RESOLUTION OF THE CITY�COUNCIL
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is approved by the City Council.
3. The proposed use meets all requirements of the Zoning Chapter.
4. Municipal Code permits churches as a conditional use in the RR-1B zoning district.
The proposed use will be entirely within the existing building and will be limited to
weekly services, small office staff and occasional night meetings.
5. Calvin Presbyterian Church property is partially located within City of Orono and
City of Long Lake. The buildings on the site are in Orono.
6. The site plan provided by the applicant indicates a parking plan for 103 cars.
Required parking for a church is one space for each four seats based on the design of
the main assembly hall. The parking spaces provided would accommodate a main
assembly hall capacity of 412. The church seating capacity is 220.
7. The 3,335 s.f. addition consists of a Fellowship Hall with adjoining kitchen, storage
space and an expanded gathering area and new toilet rooms.
8. The existing building was constructed in 1959. There is no conditional use permit
on file for church use although the building has always been used as a church. A
conditional use permit was granted in 1990 for a stora�e building on the property.
9. The eYisting on-site treatment system is non-compliant. The system needs to be
upgraded or the building connected to sanitary sewer prior to certificate of occupancy
issuance.
10. An additional access off Glendale Drive �vith 6 parking stalls will not adversely
affect neighborin� properties.
11. The City Council finds that granting a conditional us permit will not be detrimental
to the health,safety or general welfaze of the public,would not adversely affect light,
air nor pose a fire hazard or other danger to neighboring properties, nor will its use
depreciate surrounding property values and that the proposed level of use of the
property �vill be in keeping �vith the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
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12. The City Council has considered this application including the findings and
recommendations of the Planning Commission,reports by City Staff, comments by
the applicant and the effect of the proposed conditional use permit on the health,
safety and welfare of the community.
CONCLUSIONS, ORDER, 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 10.28, Subdivision 3(B) to permit
construction of a 3,33� s.f. addition to the existing building. Approval is subject to the following
conditions:
1. The City reserves its right to recall or reconsider the conditional use permit as it
relates to additional parking needs or future parking improvements.
2. Parking areas shall be striped as shown on the parking plan.
3. Any change or more intense use of the property (including but not limited to
expansion of the building for the church use, and/or increasing the size of the main
assembly hall) will require an amendment to the conditional use permit.
4. The conditional use permit shall remain in effect as long as the conditions agreed
upon are observed, and the use does not cease for a period of more than 6 months.
If the use of the property as a church �y-ould cease for a period of 6 months, a new
conditional use permit is required.
5. The property shall remain in conformance with the site plan attached as EYhibit A to
this resolution. Any future alteration to the site plan,that will expand the conditional
use, shall require an amendment to this conditional use permit approval.
6. Authorities granted by this resolution run with the property not ��ith the applicant,
but are permissive only and must be exercised by application for a building permit
within one year of the date of Council's approval or the special conditions of this
resolution�vill expire on that date (February 11, 2003).
Page 3 of 7
��-�O�
,� 11�'�
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� �,'�'� RESOLUTION OF THE CITY COUNCIL
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7. 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 authority granted herein, and shall be punishable as a misdemeanor.
8. The undersigned applicant has read,understood and hereby agrees to the terms of this
resolution and on behalf of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the Orono City Council of the City of Orono, Minnesota at a regular
meeting held on the 11 th day of February, 2002.
ATTEST: ,�
'..�.� -� �jf � le��'�-C�� �?J.__
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�� Li da S. Vee City Clerk Barbara A. Peterson, Mayor
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Pro rty O (s
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoinQ instrument w-as acknowledged before me on this 11 th day of February, 2002
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was eYecuted on behalf of the City.
(���r1, . � ' > o�..,��al�� n
Notary Public
`-..r _
ALISSA q.W�NTERNHElMER
STATE OF MINNESOTA N��RYPU3UC-MINNESpTA
MY Comms�icn Ex,:`_,Jv:;.31.Z006
COUNTY OF HENNEPIN
rn_� - - -._
The foregoing instrument was acknowledged before me on this �� �'- day of February,
Page 4 of 7
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��- - �'� C ITY of ORONO
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� �, % RESOLUTION OF THE CITY COUNCIL
�kES_H� NO. � "7 � �
2002 by Linda S.Vee;City Clerk of the City of Orono,a Minnesota municipal corporation and said
instrument was executed on behalf of the City. �
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Notary Public
D�NISE M.LESKINEN
STATE OF MINNESOTA �T��-��A
COU�ITY OF HENNEPIN ��0��''�''31'�'
On this f5fih day of�eb�c���r , 20oa, 1���-rerl�z e rl, ,2�eP�F Sent �ulv-%���
personally appeared before me, �s py��z�u�} C h u ech, p a S�f ���z n��
who is personally known to me J''1�'��N�t�z
+/whose identity I proved on the basis of MN i�L � - ��E C�-7�F� /3s- (�3c>
whose identity I proved on the oath/affirmation of ,
a credible w-itness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same
as his/her/their free act and deed.
� MARY Ar�N JOHNSON �� 0✓u- I �'�� � L1'�
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NOTARY PUBLIC•hL"�?JESOTA Notary Pu ic �
My Canunissbn t��i,=as:?,n.31,2005
STATE OF MINNESOTA
COLNTY OF HENNEPIi�
On this day of , 20_,
personally appeared before me,
�.��ho is personally known to me
whose identity I pro��ed on the basis of
whose identity I proved on the oath/affirmation of ,
a credible witness
and who executed the foregoing instrument, and acknowled;ed that he/she/they executed the same
as his/her/their free act and deed.
Notary Public
Page 5 of 7
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Exhibit B
� �' S �
LEGAL DESCRIPTION OF PREMISES :
All that part of the Southwest Quarter of Section 34, Township 118 North, Range 23 West of the
5�'Principal Meridian, described as follows:
Commencing at a point on the West line of aforesaid Southwest Quarter a distance of 1018.87�
feet (61.75 rods) South of the Northwest corner thereof; thence East and parallel to the North line
of said Southwest Quarter, 214.00 feet(12 rods 16 feet)to a point, said point being the true point
of beginning of the property being described; thence continuing East on the last described line
321.255 feet(19.47 rods);thence South and parallel to the West line of said Southwest Quarter,
810.97 feet, more or less, to a point which is 813.55 feet North of the South line of said
Southwest Quarter, measured parallel to the West line of said Southwest Quarter; thence West
and parallel to the aforesaid South line 321.255 feet, more or less, to a point, said point being
214.00 feet East of the West line of said Southwest Quarter; thence North, and pazallel to the
West line of said Southwest Quarter, 810.97 feet, more or less, to the true point of beginning,
according to the United States Govemment survey thereof, on file or of record in the office of the
Register of Deeds, in and for Hennepin County, Minnesota. Also Lotl, Block 1, Belle Aire
Estates Rearrangement, and Lot 14, Block 1, Belle Aire Estates.
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