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Home My WebLink About#5586- CUP-2007 , � O� O �,� O a�� CITY o� ORONO � '�~ �� ti �L �� G~' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. �j ��_ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE PER MUNICIPAL ZONII�'G COD� SECTION 78-418(3) FOR PROPERTY LOCATED AT 177 GLENDALE DRIVE FILE NO. #07-3267 WHEREAS, Bohland Development, Inc. has filed a zoning application on behalf of Calvin Presby�terian Church of Orono (hereinafter the "applicant") for the property located at 177 Glendale Drive within the City of Orono (hereinafter "the City") and leQally described as follows: � Lot 2, Block 1, Glendale Cove, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per Q�cr�� b �' c ' 7��4?8;3; tc allcw constractior. of a detached stora�e garage on the zCiiiii� �.Od� v�Cti'JI'i property, and for a variance to said Section to allow the �ara�e to be located 45' from the side property line where a 50' setback for all structures is normally required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 20, 2007, at which time all persons desiring to be heard concerning this application were given the opportuiuty to speak thereon; and NOBV, THEREFORE, BE IT RESOLVEIL� by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zonintr File #07-3267. ?. 'r'hP �rnr�Prtv ;� lnr.�t�rl ip the RR-1 L Zoning Distr.ict and the church operates as a conditional use subject to the standards of Zoning Code Section 78-418(�), which require a conditional use permit tor all new construction anci require that ali structures otner tnan residences on the properly be located at least 50' from any lot line. Paae 1 of 6 . � O� O �` O �� , _ CITY of ORONO '� � � '�'� ti �� ~ RESOLUTION OF T��C�� COUNCIL �� G kESH�� NO. 3. The Orono Plannin� Conunission reviewed this application at a public hearing held on February 20, 2007 and voted 7-0 to recommend approval of the conditional use pernlit and variance as requested, based on the following findings: a) The proposed garage will replace (or relocate) an existing garage on the property which was approved via CUP in 1990, but.the location of which has now become non-conforming as a result of the development of Glendale Cove. b) The existing 24'x24' gara�e will be relocated (or a new jara�e will be constructed) directly to the northwest of the main church buildina and 45' from the west property line. c) The proposed new garage location will be easily accessible from an existin� driveway and parking area. The garage will be visible from Glendale Drive, but should be relatively inconspicuous from most neighboring homes, due to its location and due to existing ve�etative screening to its west and northwest. The existin� garage is relatively low in profile, havin� a peak hei�ht of about 14', and will not eatend to a heiaht where it would become more visible. The proposed similar colors to the church buildin� will help to limit any visual impacts of the garage. d) The level of activitv associated with use of the gara�e is expected to be minimal, hence Plannin� Commission finds that the standards for Qrantin� a CUP are generally met. � e) The location of the gara�e 45' instead of the required 50' from the west lot line is due in part to the location of the existing driveway/parkinQ area and due to the dimensions of the garage. The parkina area curb is about 74' from the lot line, and with a proposed garage setback of 5' from the curb, a garage 24' in depth encroaches �' into the 50' setback requirement. The iinpacts of this encroacl_unent are minianal. 4. The City Council fiilds that granting a conditional use perniit will ilot be detrimental to the health, safety or general w�elfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to nei�hboring properties, nor will the proposed use depreciate surroundin� 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. Pa�e 2 of 6 � o� . o r,� _. o ;� CITY o� OIE�ONQ �- �, ,� : � �. � �/(; �s�� /' '�Y� :.�j y �, G RESOLUTION OF T�NE C,ITY COUNCIL w, ,4 ,.; �kESH�4� NO. 5. The City Council has considered this application includin� the findings and recorninendations of the Planning Commission, reports by City staff, comnlents by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the conlmtuiitv. 6. The Cin� Council finds that the conditions existina on this property are peculiar to it and do not apply generally to other property in this zonin� district; that granting the variance would not adversely affect traffic conditions, liQht, air nor pose a fire hazard or other danger to nei�hborin� property; would not merely serve as a convenience to the applicant and owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping witll the spirit and intent of the Zonina 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 �orditional use permit per Municipal Zo::inv Code Section 78-41$;�) to allovv construction of a detached stora�e gara�e on the property, and for a variance to said Section to allow the garace to be located 45' from the side property line where a 50' setback for all structures is normallv required, subject to the followin� conditions: 1. The existin� �ara�e on the site may be relocated per this approval, or the eaistin� gara�e may be demolished and a new aarage 24' a 24' x 14' in hei�ht may be constructed at the new location shownyon the survey/site plan as annotated by staff ancl attache.d hereto as Fxl,ibit A. 2. The gara�e shall be finished in colors similar to that of the main church building. , 3. Existing screenin� vegetation on the church property shall be retained and maintained to the greatest extent possible to limit the visibility of the garage frozn the property to the immediate west. 4. The property shall remain in confornlance with the site plan attached as Exhibit A to this resolution. Any firture alteration to the site plan, that w�ill expand the conditional use, shall require an amendment to this conditional use pennit approval. Page 3 of 6 � o� o � o '� �= = CITY of 4RON0 �.�= � � ��:�� ,� ti �'�� G~ RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 5. 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 pennit v��ithin one year of the date of Council's approval or the special conditions of this resolution will expire on that date (March 12, 2008). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall auton�atically ternlinate any authority granted llerein, and shall be punishable as a misdemeanor. 7. 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 recordina of this resolution in the Chain of Title of the property. Adopted by the Orono City Council of the City of Orono, I�linnesota at a regular meetinQ held on the 12th day of March, 2007. ATTEST: � , "��-- -;,�.i' ��, L�� "��.� 71/Ji � Linda S. Vee, City Clerk ai es M. White, Mayor �� `V �i��;� � Property Owner (s �.�>: ,,��-� � Page 4 of 6 , � O� O �� O - ��i�-�,�� CITY of �RONO �_ � �. �� y� �� ::�� ti � ` G RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. --�-�--�' �-T— STATE OF MINNESOTA COLTNTY OF HEI��'EP1N The foregoing instrument was acicno�rled�ed before ine on this 12th day of March, 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. f� ��,-%J..��-----2" �'i� �--�i�.�c� Notary Publi ` � ,% f �+rt+v�ni�,,;,,,,,,,v�,v�, : ��JA�G3��R�'. !�� M;� �.'�iL'� *�;ia�,! iI 1Gxr},wTr 'r -kS�`�tl92?et?-:i3:c, � � . .�,"avf��ka"ir't�esy�df�oti��:y..� .k.. , �hZ . �✓ n ..r'.h�hrMu'th!'g'� STATE OF MINNESOTA COUNTY OF HENNEPIN The fore�oin� instrument was acknowledged before me on this � �� ;�� day of March, 2007 by Linda S. Vee, City Clerk of the City of Orono, a Miiulesota municipal corporation and said instnunent was executed on behalf of the City. . �, , --. . -.:.�,�; �. �� ---c_-�� LC C�i�-- ' Mr,^NEL DODGE I�Totary Public ' i;� ' `QiP:;Y°UBLIC�MINNESOTA x � , .,; nission Expires Jan.31,2010 ,.-��fi .� . Page 5 of 6 � � O ' V � � � ��-��a� �--�� ciT� o� oRo�o �a �, � � ��. � ,� �L ��' �G~' RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. �J �J $ � STATE OF MII�TNESOTA COUNTY OF HENNEPIN lf�� ,1 This instrument was acknowledged before me this _day of �7��` � , 2007 by ��' C.t I -� �K;. 1�('z �L�-'�v , the (,;�� ,� � r' �"'SS`r� of Calvin Presbyterian Church of Orono; on behalf of the Church. '�_ �C�...�- �---�-�-� �l/��X� Notary Public - a ->- ..- =��---�� ; � � ;�� ,` +�``�,CHEL DOG�L i 'r ? � � k ; r� �Jfr�rtYFuBLIC-ht;�Jf:Ec�T,y �.i ,, `�.�Fs�� omm;ssior Exp�es __ Jar� 3 ,201� �� .,.v.__� ..�_..<__ �.�;��;,��-,,-��.� c'1 ,k:�::�, Page 6 of 6 . CERTIFICATE OF SURVEY FOR E�HIBIT A � i'-.BLhChTOP ; n G L E N D A L E D R I V E � . T K�� p/ R �i/ �/ry� ��l� •, � r�soL uT1oN �v c�.� � �' � �`..� ROADWAY�.-��;..,•�.. ��1 � 1 1 V 1 N 1 �� 11Y �J � . .. . . . —s s9°2o� 25" 364.47�--., �=�s 3 OF LOT 2, BLOCK 1, GLENDALE. COVE � o � o � � 4 �.� � � : o H E NN E P I N C O U N T Y, Mi N N E S O T A � � W n. � —=------ = --------- � � � >_ �. --- °� , , . � --------------------------------i--_ 9 N N �p� � '�\ D° z � �n I , m � ' �� 76', �j a o f. P��ts \ s � � . i, o�P,�Ps��,E �\\ s= � z = . . 5 "-�-�:,.J�0?S \ �� . � . . . [r� z � �. �' �� \\ _ (� Z o � � _ Z \ � Zw � � p �' � ,,� � N � U � � � }�� ` � � oNo � / �� t I� � ��-�� r�.� �� .. � --� 00 ^ � �n � PLAY ELACKTOP �� I lO � .. .. . .. . . � . '. p�0�o �. � nrt:A I PARKING LOT I � �W I� � 4 ° 3 � ' I . . ' � � ' � � ' � � . . .. �. - - � . . . . . . . . . _ . � a�n '� � , . . ' ' . � '�.:PROPoSm�. `'r0 �' ' � i � - . . . , � .. ._ �Ll � . " ' . . - . . � cAance I " !f.3�f,��`��"�'� I --r—�"�------- � . . i` � � .. , . . . � ",+ O I ,_ O I � ^ r �� ( �. . . � � , . . � � _ _ _ � o � ° b �i�A�'`�� ,,, � � O � � 0 0 0,_ 0 A � � 0 0 0 �r �, i � � o I . , , , ��t''�-..,�'�e�'`"`-` i U w = Z { EXISTING � � GRAND N o�,;, --- `, i., CHURCH � i AVENUE �� _. �; i,� BUILC�ING i i � � , � #i�� I �� lo � I 5�: � - _ � — 1 -- \o�� " I _ � �� BLACKTOP PARKING LOT I � � . � '' � ��I r \ -- --�-- --- I r �� —�--- 863 �� ! --�--- --- � r=� � �! ^ � — -- --� _ � -- `� I � �� "�� E C��,��a`�\� \\ -- L--�-- ----�--- --- � (� -�� V pBSO ��\ -- --�--- --�--- -- � I . `6 0 � --�--- --1--- I q E" �J ,.�/ `'F; \ --�-- ---�--- � _ _ 7.� � _— I — — I -- I ��oL = � � —�— --{--- I �o� '��J' �� —_ —� -- --J--- -- � w �- �� , Qp �� —_ — --- ---i--- -- i � ��09 . � O �� ---�--- ----�--- � �' - i � -- � � -- c � p � O� �� -- --�--- --�--- -- � Q - r7 � � ' � _ ---1--- --J--- -- � ' . =3�� \ I I � � � � � � � _ --�--- =--iI--- -- � o 0 � _�_—_ _.J—__ I � � � 3 U� o N � � -- I I � � � LEGAL DESCRIPTION OF PREMISES : ' � �`" �� ,/��, '�6, �� -- ---{--- ---�--- --- i � T� i __�—_— --J--- _-- v Lot 2, Block 1, GLENDALE COV� �'��/ �� ' -- 1 I � � � � __ --�--- ---1--- ` _ /� � \\ \ -- --�--- --J--- -- � ' o : denotes iron marker � �� \ � oasrwc � � � � ��o�� o\I To eEe � '.�": Bearings shown are based upon an assumed datum. r `I REAbVEO I � ' , � . . (S O�� I ---------------'------� ROAqW� � . . � ' ' � � - o This s�rvey shows the boundories of the obove described property, � � � � �n, -- the location of an existing bailding, two parking lots, a concrete g `� sidewalk, and garage to be removed, ond the proposed locotion Z w ' "'��_ "�� ' f t ereon it does n t rt to sh ----�N 9�°�Q� ��`� W 149.17-----``'�.--. � '� a a proposed garage� h . Purpo ow . . . . . . _ =r�'" '., any other improvements or encrnachments. _ so �� I `.._N 89�03' 27" W 141.73---'� `1 0� � -- ------- Z r � � , . I I i < , . _ , _.. , ; . . _ _ , - . _ ,: ___ _ ._ .. . _...,:_ � . --. —. _ j