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Home My WebLink About#5443-variances/CUP-2006 � � °� 0 0 � � - CITY of URONO �a_ � � ti �',� G'�' RESOLUTION OF THE CITY COUNCIL ��kESI3.�4��' NO. � � �� A RESOLUTION GRANTING VARIANCES AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-418 (1) FILE NO. OS-3139 WHEREAS, Hill School of Minnesota, Inc., a Minnesota non-profit organization (hereinafter "the applicanY') is the owner of the property located at 2180 Nortl� Shore Drive within the City of Orono (hereiiiafter the "City") and legally described as follows: Lols 5 and that part of Lots 4 ar�.d 6, lying East of the West 69 feet thereof, Block 3, Markville, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has rnade application to the City of Orono for side yard and side street yard setback variances and a conditional use pernlit per Orono Municipal Zoning Code Section 78-418 (1) to permit construction of an addition with second story extending 45' to the north of the existing building to be located less than 50' from the western side yard and street yard of Briar Street when 50' is normally required. NOyV, THEREFORE BE IT RESOLVED by the City Council of Orono, Niinnesota: . FINDINGS 1. This application was reviewed as Zoning File OS-3139. 2. The property is located in the RR — 1B, Zonin� District which requires a minimum lot axea of 2,0 acres and a minimum lot width of 200'. The property contains 0.58 acres of area and 106' of defined lot width. 3. The Plannin� Commission reviewed this application at a pubiic hearinJ held on November 21, 2005 and on March 20, 2006 and recommended approval of the variances and conditional use pennit based on the followin� findings: Page 1 of� . � o� 0 0 CITY of 4RON0 ,� ; � ti �,�� G'�' RESOLUTION OF T�E4CI�T� COUNCIL `9k'ESTrI�4 NO. a. The proposed addition will not encroach any further into �the western side yard or the side street yard than what currently exists. b. The use to tlze west contains the Minnetonka Arts Center, which is also a conditionally permitted use rather than a residential use, alleviating any negative impacts that may result with an adjacent residential use. c. Briar Street to the direct east provides for a buffer from the residentially used properties, which is the intent of requiring a 50' setback from all residentially zoned property. d. The addition will meet all other setback, structural coverage and parking standards required within the Zoning Ordinance. The property is not located within the Shoreland Overlay District and is therefore not subj ect to hardcover restrictions. e. The proposed addition meets all criteria established under Section 78- 916 and will not be detrimental to the public health, safety or welfare of the community. £ The parking lot will be paved and 16 parking spaces (in addition to required handicap parking) will be striped 8.5' in width. g. The enrollment will be limited to 100 students. Council approval will be required to increase the number of enrolled students over 100. h. A grading and drainage plan will be submitted and approved by the City Engineer prior to the issuance of a building permit. 4. 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 variances and conditional use permit on the health, safety and welfare of the community. 5. 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 variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other Page ? of 5 v � � � O� O O ° CITY of ORONU � : � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEs�'ip4'�G NO. �J � � � danger to neighboring property; would not merely serve as a convenience to the applicant, 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 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 side yard and side street yard setback variances and a conditional use permit per Orono Municipal Zoning Code Section 78-418 (1) to permit construction of an addition with second story extending 45' to the north of the existing building to be located less than 50' from the western side yard and street yard of Briar Street when 50' is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by "the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City cades will require further Planning Commission and City Council review. 2. A staff issued permit must be obtained for utilization of a temporary trailer during construction. 3. The parking lot shall be paved and 16 spaces (not including the required handicap parking) shall be striped to an 8.5' widtii. 4. Enrollinent level shall not increase above 100 students without City Council review. At such time that an enrollment level exceeding 100 students is requested, the number of required parking spaces will also be reviewed. 5. A grading and drainage plan meeting the City Engineer's approval shall be required prior to building permit issuance. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for new construction within one year of the date of Council approval, or the variances and conditional use permit will expire on that date (April 10, 2007). Page 3 of� . .. . , � O� O O ,� ., � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`4kES�I04�G NO. 5 � � � 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 a�zy 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 the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the l Oth day of April, 2006. ATTEST: , , .. �.;; __ ,..,,.�' - � !�/ ��E�;�,.t;�r��.-', • t's;�.�'.�;":,;� "�°� r-�- ,�-�..� .,, G ��.--. Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ..j �'; I�i �,j �l' ?i'I t � _'_✓�a" r) �' Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN . �{� /' The foregoing instrument was acknowledged before me on this � � day of #�t �t i�, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. -::._ �J��__x._ c.._.�.�C G��t�c�.C. �_ ��°� RACHEL DODGE '""f��`` �!Ol'ARY PUBIIC-MINNESOTA Notary Public �� ''�`'�'',,� IJ Commission Expires Jan.31,2010 �;�,_ Y _.. _.....<�;�<..rc��•✓�`.. .c. Page 4 of 5 . � � • • . I O� o O � :- � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESI304�G NO. � t� � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisr�� day of )�/� , 2006 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. •.-��:.,: ,�. ,�� .�+ RACHEL DODGE , , '' d�� NOTARY PUBUC-MINNESOTA ��,.,.f.,,di.�,.�� G'�G ��i� ,$�_. �: ;*v, �,;e,�;,y;� N,y Commission Expires Jan.31,2010 E� ,�r._ ��.,_ Notary Public -�� STATE OF MINNESOTA COUNTY OF HENNEPIN This iiistrument was acknowledged before me this �J day of �.' Gi•�— , 2006 by Valerie Thies, as Director of Hill School of Minnesota, Inc., a Minnesota non-profit organization, on behalf of the non-profit organization. _ .,�;��.,,�,,,:.,��.� f: �� ✓� DENISE M. LESKINEN ,r � ;; , . NOTARY PUBLIC-MINNESOTA �� ,; '�,�� J '� ._,.,. � ,,�� My Commission Expires Jan.31,2010 .-�''.�.'�'' %�:-- ) �.'=r�'<�' '""`� Notazy Public .��.:.� Page � of 5 . . . . . k��UV • ' . • ��11�v17�� . � R I I � � � � N 89:5��4�� w I --106.00-- - - - - - � �_ ra.�.�o� . I I i � � � W '. 'I ��,�'cus P�O � K-B Froy Areo A .... � r x — •r � , &' � �' � j -E�°�y,o,av I � ♦ � .g' �`t I � � ( W � `/ � .�. .�---......---•-•-• � ... •- -- :' 3O ...., i ............•--...-• --•- ,•-•J I w+�w,.s f•.. � I „�„ n�..r •.,`.1..�1 I ��Y — — — — — — —I— — — � � — — --.� � t � a �.s� � .,a o' � ; I � � • I � I � I r� I �l� a w, . 3 i � � e � W y � � � �a J � ` ;� 4� ,��F S . I +(ory eabl7ian J � !�' �'1�v q O i Q S i' � � � a � i g � tq � � � 2 i .��• � � �. 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