HomeMy WebLinkAboutResolution 1594 ' 'a . `R ' . .
. Clt� of ORONO � �
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RESOLUTION OF THE CITY COUNCIL
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�. • • • GRANTING VARIANCES
TO MUNICIPAL ZONING CODE SECTIONS
.- . 35.g41, 35.H42, 35.A4� AND 38.311/38.315
FILE NO. -
WHEREAS, Daniel A. Dougherty and Helen M. Dougherty, �
- husband and wife, are fee owners, and Stephen H. Schmidt and Suzanne J.
Schmidt, husband and wife are equitable owners by contract for deed
: (allof theabovehereinafter collectivelyreferred to as "owners" ) of
real property located at 2385 Shadywood Road in the B-1 Retail Sales
Business Zoning District of the City of Orono (hereinafter "City") ,
which property is legally described on EXHIBIT A attached hereto
(hereinafter "the property") ; and
� WHEREAS, the property is adjacent to a City owned public
parking lot, a portion of which (hereinafter "Parcel A") was the
subject of conflicting ownership claims between the City and the
owner ' s; and
• WHEREAS, the City and the owners have agreed to settle their
. conflicting claims in a mutually beneficial manner which settlement
provides for unencumbered City ownership of Parcel A and the granting .
of variances to the strict requirements of certain zoning ordinances
. relatinq to lot area, lot width, rear setback and on-site parking such
that the owner ' s property may� in the future be developed to the same
_ degree and practical effect as would have been permitted had the owners
been able to privately develop their property and Parcel A combined .
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono ,
Hennepin County, Minnesota :
. FINDINGS �
� 1. This application was reviewed by the City Council as zoning file
no . . Review of these variances by the Planning Commission
was and hereby is waived in consideration of timely settlement of
� the matter .
2. Performance standards for development in the B-1 District
. include, without limitation, the following requirements:
� Section 35. 041 minimum lot area : 20J,000J sq feet.
._:, • Section 35. 042 minimum lot width: 1010 feet . �
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. Cit� of ORONO
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RESOWTION OF THE CITY COUNCIL
� . NO. 1594
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, Section 35. �146 minimum building setbacksi front 35 ft; rear 35
ft; side 15 ft.
. . Section 35. 050 maximum building height: 30 feet or 2 1/2 stories.
Section 38.311 minimum on-site parking for office buildings is 1
� space per 200 sq ft of floor area.
- Section 38.315 minimum on-site parking for retail sales is 1
� space per 1501 sq ft of net floor area.
� 3. The property now contains a real estate sales office of
approximately 1500 sq feet of floor area together with �
approximately 5 on-site vehicle parking spaces. Retail sales
and real estate sales are permitted uses in the B-1 District.
Other professional office userequiresa conditional use permit.
� 4. The property is approximately 75 feet wide and approximately 780J0
sq feet in area. Parcel A is approximately 8500 sq feet in area.
Any redevelopment of the property with or without Parcel A
. requires approval of lot area and lot width variances to zoning
: • ordinance � Sections 35. �41 and 35. 042 respectively, which
variances are necessary to preserve the owners substantial
� property right to continuation of an on-going permitted use .
5. Maximum development of the property and Parcel A combined in full�
. conformance with all B-1 District performance standards would be
limited by a balance between building setbacks, building
envelope and accomodating the required number of on-site vehicle
parking spaces. Such maximum development would be a two-story
office buiTdirig totaling approximately 489J�J gross square feet
together with the 24 on-site parking spaces required for this
amount of office use. Such office use would also require .
: approval of a conditional use permit. Any retail use would
� require additional on-site parking thereby reducing the maximum
size of the building in order to accomodate same. •
' 6. Utilization of City-owned Parcel A for vehicle parking to serve
the property would require approval of a variance to Section
38. 311 to omit on-site parking , but would result in the same
practicaleffectasthemaximum developmentplan outlined in item
. #5 above; would be in keeping with the purpose of providing the
, • City parking lot; and would not be adverse to the public° health ,
. safety or welfare in that this number of off-street parking
spaces can be fully met by the City parking lot.
:.` • 7. Placement of a building on the property in the same physical
location as in the maximum development plan outlined in item #5
above would result in a five (5) foot setback from the rear •
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= Ci.t� of ORONO
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'``r RESOLUTION OF THE CITY COUNCIL
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. property line with Parcel A, and would thus require a variance
from the 35 €oot rear setback requirement of Section 35. �146. The
.� , five (5) foot setback is consistent with State Building Code fire
protection requirements; would provideforareasonablesidewalk
or other setback from vehicle parking and driving lanes; would •_ ,__
not encroach on any other property line or building and thus would
not constitute a fire hazard; and would not in any way restrict
access , light or air .
8 . The maximum building envelope possible on the property with
approval of the above variances, and in full conformance with all
front setback, side setback, height and other B-1 District
performance standards would be a two-story office building
� approximately 45 ft wide by 57 ft deep, 2550 sq ft on a floor , 5100
� sq feet gross area , which building would require credit for 25
parking spaces in the City parking lot. Actual dimensions may
vary depending upon detailed lot survey and building design
" factors. Any retail use of space would require a similar parking .
• variance to Section 38.315 and a reduction in the total building
floor area in order to stay within the 26 space parking credit.
9 . The City Council finds that the conditions existing on this
property and its relationship to the City parking lot �re
peculiar to it and do not applygenerally to other property in this '
zoning district; That grantinq the variance would not adversely �
effect traffic conditions , liqht , air nor pose a fire hazard or
. other danger to neighboring property; would not merely serve as a
convenience to the owner , but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial p,roperty right of the owner ; and would be in keeping
� with the spirit and intent of the zoning�code and comprehensive
plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS �
A. Based upon the �bove FINDINGS, the Orono City Council hereby
� grants the following variances to allow commercial construction
. or redevelopment on the subject property, all subject to the
. conditions listed in paragraph B below:
' 1. Lot area variance to Section 35.041 to aTlow redevelopment of�
� the 7800 sq foot property.
.,.. • 2. Lot width variance to Section �5. 042 to allow redevelopment
of the 75 foot wide property.
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. City of ORONO�
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�, RESOLUTION OF�THE CITY COUNCIL
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� 3. .Rear building setback variance to Section 35.D146 to allow
� construction of a new building as close as five (5. 0) feet to the
� rear property line instead of the required 35 feet. . �
� . 4. On—site parking variance to Section 38 . 311 (office use) `
and/or Section 38. 315 (retail use) to allow redevelopment of the '
property without requiring any on—site parking .
B. The above variances to Sections 35. 041., 35. �42, 35. 046, 38.311
and 38. 315 are granted subject to all the following conditions:
1. The above variances are granted to es�tablish guidelines for
maximum authorized development on the property, but this action �
. does not constitute official approval of any actual building
design or site . plan which must be submitted for City Council
' review and approval prior to permit issuance in accordance with
• Section 35.�1fd2.
� 2. Subsequent application �for approval of a general office
. . buildingincluding spaceforofficesotherthan real estate sales
will require concurrentapplicationfor aconditional use permit
in accordance with Section 35.028 .
� 3. Any �uilding plan submitted for approval shall conform to all� '
other performance standard requirements for development in the
B—1 zone , including without limitation:
� a) Front yard building setback: minimum 35 feet.
b) Side yard building setback: minimum 15 feet.
c) Maximum building height: 30 feet or 2 1/2 stories .
� , d) Rear yard setback per approved variance : minimum 5. 0
feet.
e�) On—site parking required per approved variance : none;
but if any on—site parking is provided it shall conform to
� the requirements of Section 38. 11�1 et seq.
� f) Al1 applicable state building code requirements.
.. � 4. The maximum building approved by granting of the above
variances shall be an office building of 5100 square feet gross
floor area , which size building requires an allotment of 26
vehicle parking spaces in the City parking lot.
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. RESOLUTION OF THE CITY COUNCIL ,
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5. Any buildinq plan submitted for approval which contains
' retail sales space in addition to or in lieu of office space shall �
have its design adjusted as follows: �
a) Gross floor area shall be reduced so that no more than 26
_ parking spaces are required for all uses; or
" b) Any design requiring more than 26 parking spaces shall
have those spaces in excess of 26 provided on-site in
addition to the building area and without variance from any
other parking or building requirement in the B-1 District.
. 6. Granting of the above variances shall not vest any rights in
the property other than as specifically provided herein. •
7. Authorities granted by approval of the above . varainces
: • shall run with the land and may be transfe�rred to subsequest
owners without requiring reapproval of these same varainces;
. provided :
a) TYie expiration of variance authority one year after
approval (Section 32.371) is hereby waived and extended
indefinitely for so lonq as the current B-1 Zoning District � �
and performance standards remain in effect for this
, property; and , -
b) The City Council reserves to itself and to future City
Councils the express right to revise, amend , modify or
. change any B-1 District performance standard , and/or to �
rezone the property to a new or different zone according to
the procedures established by law for making such zoning
. amendments, in which case and at which time the authority
� granted by the above variances shall expire if they have not
as yet been exercised by that time.
� 8 . Violation of or noncompliance with any of the terms and
conditions of this variance shall constitute a violation of the
� zoning code, shallautomaticallyterminateanyauthority granted
.� herein, and shall be punishable as a misdemeanor .
• 9. The undersigned owners have read , understood and agree to
.. • the terms and conditions 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.
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. �;,-������' Ci.t� of ORONO
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��;�;�;: RESOLUTION OF THE CITY COUNCIL .
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` NO. 1594
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� � Adopted by the Orono City Council on this 12 day of December , 1983 ,
by a vote of 4 ayes and 0 nays.
ATTEST: CITY OF ORONO
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i t y C 1 e r k ,e��tr� Ma yo r _ ,
Acting Mayor Thomas Frahm
PROPERTY OWNERS
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• D niel A. Dougher H en M. Doug ert
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) � � .
On this �_ day of ���,`7M � , 1983 , before me, a
Notary Public within nd f r said Co nty, personally appeared
� dl�tEi. � uar� �1 L , OdC,�! Y us3�IN ��r- known to me to
be the person(s) describe in a o executed the foregoing
instrument , and acknowledged that h (they) executed the ame as his
, (their) free act and deed .
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�� �� � 0 Y PUBL �
�`"` N�oroi q�TH�A�N � � r _ �� .
.,; /RO n
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'� . �HENN�Ep�p�pa» MY COMMISSION EXPIRES '
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� � ��` Cit� of ORONO
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�� .RESOLUTION OF THE CITY COUNCIL '
s'. 1594
�: � � . NO. �
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. S ep en . Sc midt uzanne J Sc m "t
STATE OF MINNESOTA )
•• _ _ . � s s . _ . � `�
- COUNTY OF HENNEPIN ) �
�� � �On this day of /�[-�G7iy/,�� , 1983, before me, a
� . Notary -�ithi and fo said unty, sonally appeared
�A / �uZ Al�ll , W��nown to me to be the
person(s) described in and w o exec ted the oregoing instrument, and
acknowledged that he (they) execu d the same as his (the ' r) free act
� and deed . �
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I'°"� DOROTHY M. HALIIN N ARY PUB
� • . . NOTARY PUBLFC-MtNNE80TA
� . HENNEPIN COUNTY — ��i ^�
My comm�sslon�xpiros E-29-60 �
....�.�-...--�.-^,. . •
. MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per
. Minnesota Statutes 386.77. --
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono �
P.O. Box 66 �
.� Crystal Bay, MN 55323
473-7357
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EXHIBIT A
�The following described property in Hennepin County, Minnesota:
That part of Lot S, Block 3 , Toi,insite of Langdon Park d�scrib�d
as beginning at a point on th� t�lesi. line of said Lot S distant
105_ S ieet North from the Southwest corner of said Lot S ; thence � �
North along said W�st line a distance of 77. 20 ie�t; thence North �
74 degrees 24 minutes East (assuming said West line as bearing
north) a distanc� of 202. 9 fe�t, more or less , to the South�,��sterly
right-of-ti.�ay line of County Road NumUer 1° ; thence Southeasterly
along said South�aesterly right-of-�•;ay line, a distance of 75 feet
more or less to an intersection with a line bearing North 74
degrees 29 minutes East from the point of beginning; thence
South 74 degrees 29 minutes l,�est a distance of 230 . 63 feet more
or less to the point of beginning, according to the recorded � �
plat thereof,
EXCEPT the following parts thereof: .
Part l: Commencing at a point. on the t�Test line of said� Lot 5 distant
1��feet on an assumed bearing of North from the South�,=est corner
o� said lot; thence North 74�24 ' East along a line hereinafter referred �
to as "Line A" a distance of 91 feet to the point of beginning of
�_�� property being described, and said "Line A" there ending; thence
I`c?-th 42°36 ' �4est to the intersection with the North line of the South
i3� . 5 feet of sain lot; thence Westerly along said North line of the �
South 134 . 5 feet to said West line; thence on a bearing of North
�ong said West line �to a point distant 182. 7 feet North from said
outh�aest corner; thence North 74°24 ' East a distance of 51. 6 feet;
�hence South 21°31 ' East to the North line of the South 1�9 . 5 feet
oi said lot; thence Easterly along said North line of the South 199 . 5
feet to the East line of the West 119 . 5 feet of said lot; thence on a
�earino of South along said East line of the West. 119 . 5 feet to the
irtersection with the Northeasterly extension of said "Line A" ; thence
South 74°24 ' West to the point of beginning. •
Part 2 : Beginning� at a point on the West� line of said Lot . S distant �
105. 5 feet on an assumed bearing of North from the Southwest corner of
s�id lot; thence North 79°24 ' East a distance of 91 feet; thence North �
4,2036 ' West� to the intersection with the North line of the South 134 . 5
feet of said lot; thence l��esterly along said North line of the South
i34. 5 feet to said west line; thenc� on a bearing of South to the
poin-c of beginning. �
Part 3 : Commericing at a point on the West line of said Lot. 5 distant -
�'7� feet on an assumed bearing of North from the Southwest corner
of said lot; thence North 74°29 ' East along a ' line h'ereinafter referred '
_to as "Line M" a distance of 51. 60 feet to. the point of beginning of
th e property being described, and said "Line M" there ending; thence
�outh 21°31 ' East to the North line of the South 199. 5 feet of said
ot; thence Easterly along said North line of the South 199 . 5 feet
to a point distant 119 . 5 feet East, measured at :right angles, from
said West line; thence North 21°31 ' West to the intersection with th e
I�ortheasterly �xtension of said "Line M" - th�nce South 79°29 ' West
to th� point of b�ginning. �