HomeMy WebLinkAboutRe: Request for zoning info-2010 REQUEST FOR ZONING INFORMATION
CP File No. 32622
Please complete this form by
and return it to: Commercial Partners Title, LLC
Attn: Ann Nelson
200 S. 6th St., Suite 1300
Minneapolis, MN 55402
Subject Property: 2180 North Shore Drive
Orono, MN
Legal Description: See attached Exhibit A
Tax ID Number(s): 10-117-23-31-0098
Current Use of Property: Vacant (with Conditional Use Permit for School)
Proposed Use of Property: Residential Eating Disorder Facility
1. The current zoning classification for the subject property is:
RR-1B One Family Rural Residential District
2. Permitted uses included within that zoning classification are: See attached
3. here are / are not (Circle One) applications filed for the property(ie. Special Use
Permits, Conditional Use Permits, Variances, etc.)
4. The proposed use of the property, as described above is:
Yes No
a. Permitted ✓
b. Conditional (Explain) J
c. Nonconforming (Explain) ✓
5. There are records in the City files
of unsatisfied zoning violations. ✓
(If Yes,please explain)
6. Have variances been granted for the
Property. (If Yes, please explain) ✓
7. Parking is in conformance with
zoning requirements. �
(If No,please explain)
8. Flood Insurance Rate Map (FIRM)
Property is in zone: X
Community Panel No. 27053C0304E Dated: September 2,2004
9. Comments:
• #3-4 zoning application 10-3442 for CUP for residential eating disorder facility
and setback variances
• #6 See Resolution No. 5443, recorded OS/25/2006—Document Number 4264840
See Resolution No.3424, recorded 11/04/1994—Document Number 2565015
This information was researched by the undersigned, on request, as a public service. The
undersigned certifies that the above information in paragraphs 1-9 is believed to be accurate
based on or relating to the information supplied, however,neither the undersigned nor the City
assumes liability for errors and omissions. All information was obtained from public records
which may be i pected during regular business hours.
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!'t 1-19-2010
Evelyn; urner, City Planner Date
i
Exhibit A—Le�al Description
Lot 5,
Lots 4 and 6 except the West 69 feet thereof,
Block 3,
Markville.
Hennepin County, Minnesota
Torrens Property
Torrens Certificate No. 1078623
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Sec. 78-441. - Permitted uses.
Within any RR-1B-1 one-family rural residential district, no land or structures shall be used except
for one or more of the following uses:
(1)
One-family detached dwellings.
��)
Publicly owned parks and playgrounds.
(3)
Municipal buildings.
(4)
Personal wireless service antennas and towers.
a.
Purpose and intent. The purpose of subsection (4) of this section is to establish predictable, balanced
regulations for the siting and screening of wireless communication equipment in order to
accommodate the growth of wireless communication systems within the city while protecting the
public against any adverse impacts on the city's aesthetic resources and the public welfare.
b.
Personal wireless service antennas. Personal wireless service antennas erected on a municipal water
tower may be allowed as a secondary use by administrative permit, provided they comply with the
city policy regarding the use of city-owned property for wireless telecommunication antennas and
provided they meet the following conditions:
1.
The antenna shall be in compliance with the state building code and all other applicable federal and
state regulations and permits.
2.
Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's
specifications and shall be verified and approved by a registered professional engineer.
3.
No advertising message shall be affixed to the antenna.
4.
Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation
Administration (FAA) to protect the public's health and safety.
5.
When applicable, proposals to erect new antennas shall be accompanied by any required federal, state
or local agency licenses.
6.
Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a
new equipment building is necessary for transmitting, receiving and switching equipment, it shall be
situated in the rear yard of the principal use and shall be screened from view by landscaping.
7.
All obsolete and unused antennas shall be removed within 12 months of cessation of operation at the
site unless an exemption is granted by the city administrator or his designee. The removal shall be the
responsibility of the communication provider.
8.
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Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support
structure in order that such facilities are compatible with the character and environment of the area in
which they are located.
9.
The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis
prepared by a registered professional engineer that the location of the antennas as proposed is
necessary to meet the frequency spacing needs of the personal wireless service system and to provide
adequate portable personal wireless service coverage and capacity to the area.
(5)
Study and research centers owned or operated by one or more nonprofit charitable, scientific or
educational organizations, provided no building other than a residence shall be located within 100 feet
of any lot line of an abutting lot in an R district.
a.
Open space. Not more than 15 percent of land devoted to use as a study and research center shall be
occupied by structures or buildings without a conditional use permit allowing a greater percentage of
such land use. Any application for zoning of land as an RR-1B-1 one-family rural residential district
shall be accompanied by a map or plan showing the portion of land within the district that may be
occupied by structures or buildings, which shall become a part of the conditions upon which such
zoning is approved; and no structure or building may be located outside of such portion without a
conditional use permit allowing the structure or building.
b.
Height. No structure or building in a study and research center in any RR-1 B-1 district shall exceed
30 feet in height except as provided in section 78-1366.
c.
Temporary or permanent residents. No study and research center in any RR-1 B-1 district shall at any
time serve as a temporary or permanent residence for a number of persons in excess of that
determined by multiplying by 2'/2 the number of acres of land devoted to use as such study and
research center without a special permit allowing a greater number of persons in such number and for
such periods of time as the council may deem appropriate, due consideration being given to the
interests of health, safety and public welfare.
d.
Use. No study and research center in an RR-1B-1 district shall at any time permit more than 300
persons to be present by invitation upon its property without a special permit allowing a greater
number of persons in such number and for such periods of time as the council may deem appropriate,
due consideration being given to the interests of health, safety and public welfare.
(6)
Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including their
domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall
be from within the principal structure. Application for such a guest apartment shall address the
concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall
not have utilities metered separately from the principal residence utilities and shall not have a separate
street address.
(Code 1984, §§ 10.20(2), 10.28(2), 10.29(1)--(6); Ord. No. 161 2nd series, § 7, 6-7-1997; Ord. No.
226 2nd series, § 1, 5-27-2003; Ord.No. 44 3rd series, § 9, 2-25-2008)
http://library.municode.com/showDocument.aspx?docID=O 1/13/2010
�' ��' � CITY of ORONO
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMTT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 5 AND
A VARIANCE TO SECTION 10.61, SUBDIVISION 5 (A)
FILE NO. 1923
WHEREAS, Atelier LeSueur, Inc. (hereinafter the "applicant") has an interest
in the property located at 2180 North Shore Drive within the City of Orono (hereinafter "City")
and legally described as:
refer to Exhibit A, attached (hereinafter "property"); and
WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application
to the City to allow the continuation of a non-conforming use of the facility as a school of fine
arts providing full-time class instruction and a variance to Section 10.61, Subdivision 5 (A) that
would allow the continued use of an open parkin� area located within a required side street yard
where no such parl:ing would be allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1923.
2. The property is located in the RR-1B Single Family Residential Zoning District
requiring two acres in area. The property consists of 25,4-40 s.f. or .63 acres.
3. The building referred to as the Hill School was built in the late 1800's and served
as an elementary school for the Crystal Bay community.
4. In 1957 the Hill School was purchased by the Minnetonka Art Center and the
facility continued to serve the Art Center through 1989.
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5, On June 12, 1989, the City approved a metes and bounds division that divided
the Hill School properry from the Minnetonka Art Center.
{. From August 15, 1989 through September 11, 1990, the Art Center of Mi.nnesota
(formerly Minnetonka Art Center) leased the facility from the new owner for the
purpose of continuing use of the facility for art instruction purposes.
7. From the later part of 1990 through the present, the facility has served as a
licensed day care and a dance school.
g. From the late 1800's to the present, the facility has never been used as a
residential dwelling.
�. As required by Municipal �oning Code Section 10.03, Subdivision 5, the
applicant has filed for a conditional use permit to allow the continued use of the
facility or a fine arts school offering full-time instruction.
10. On April 18, 1994, the Orono Planning Commission voted unanimously to
recommend approval of the conditional use permit and variance based on the
following unique findings:
a. The use has existed prior to the creation of the single family zoning
district through to present times without interruption.
b. The use has had no detrimental effects on the surroundin� residential
neighborhood.
c. The art school to be operated from the Hill School building will continue
to share parking facilities of the Art Center of Minnesota consistent with
the former comprehensive operation.
d. The City has no record of vehicular accidents resulting from the use of the
gravel parking areas along the east side of the properry adjacent to Briar
Street.
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1l. The Council finds that the conditions existi.ng on this property are peculiar to it
and do not apply generally to other property in this zoning district; that granting
the variance would not adversely affect traffic conditions, li�ht, air nor pose a
fire hazard or other danger to neighboring properties, 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.
12. The City Council finds that granting a conditional use permit to allow the
continued use of the facility as a fine arts school offering full-time instruction will
not be detrimental to the health, safety or general welfare of the public, would not
adversely affect light, air nor pose a fire hazard or other danger to neighboring
properties, nor will it depreciate surrounding 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council concludes
that applicant's proposed use of the property as a school of fine art instruction is a legal non-
conforming use of the property and hereby grants a conditional use permit per Municipal Zoning
Code Section 10.03, Subdivision 5. The Council further concludes that the configuration of the
Hill School property and the historic background and school use of the property are unique and
consequently grants a variance that would allow open parking stalls within the required side
street yard. This approval is subject to the following conditions:
l. Applicant has received approval of a variance to allow open parkin� within a
required side street yard area as shown on approved site plan attached to this
resolution as Page 7. Applicant shall be responsible for installing a median
within Briar Street right-of-way as shown on said site plan to be completed by
November 9, 1994. Applicant shall provide an updated survey locating travelled
right-of-way of Briar Street.
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2. Applicant shall retain a licensed architect to address some of the following items
as originally set forth in the Building Official's memo of April 18, 1994 that are
to be completed by November 9, 1994:
a, Handicap access to first level only.
b. Handicap sanitation facilities.
�. Consideration of occupancy requirements and type of construction.
d. Exiting requirements.
3. This non-conforming use may not be changed to another non-conforming use.
4. Nothing in the Municipal Code shall prevent the placing of this structure in safe
condition when said structure is declared unsafe by the Building Inspector,
providing the necessary repair shall not constitute more than 50% of the fair
market value of said structure.
5. If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act
of God, the structure may �emonth�s ftere u�h c�alam�ty,aunless�the damage
reconstructed withui twelve (1 )
to this building or structure is 75% (or more) of its fair market value as shown
on the Assessment Records at the time of damage, in which case the structure
shall be demolished, and any construction thereafter shall be for use in
accordance with the provisions of the Single Family Residential Zoning District.
6. If the non-conforming use of this structure is discontinued and remains
discontinued for a period of twelve (12) months, any future use of the structure
shall be in conformity with the provisions of the Single Family Residential Zoning
District.
7. Authorities granted by this resolution run with the properry not with the applicant,
but are permissive only and must be exercised by applicant obtaining permits
from the City to complete the requ'Nov mPber 9m1994 S set forth in Conditions
1 and 2 above to be completed by
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8. 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.
9. Annette LeSueur, the Director of Atelier LeSueur, Inc., has read, understood and
hereby agrees to the terms of this resolution and on behalf of herself, the School,
its 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 on this 9th day of May, 1994.
A T:
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orothy a in, City Clerk Edward J. C ahan, Jr., Mayor
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ette LeSueur � i c �der
Director of Atelier LeSueur, Inc. ' ��
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Hi�,w�.`L,n �!!�sv'L�ir�..�
Andrea E. Schneider
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoi.ng instrument was acknowledged before me on this 9th day of May,
1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and 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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LINDA S. L'EE � ��' � ���� �J .
NOTARY PUBLIC - MINNESOTA ' NO ' Public
HENNEPIN COUNTY �rY
: ,� My Commtssbn expires 8-12-98
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On this �='� day of u / , 199�before me a Notary Public within
and for said county,personally appear d �n�� �e L� S u e K r �i�ma r,'���—
k no w n t o m e t o be the person(s) described in and who executed the foregoulg uistrument,and
acknowledged that he the e the same as his (their) free act and deed.
u-�� LINDA S. VEE , �
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COUNTY OF HENNEPIN )
On this � day of ���'���'r'i� , 199`�before me a Notary Public within
and for said county,personally appeared����•�� '^ h� S�d��°��(-r�'� S�'n y� �
known to me to be the person(s) described in and who executed the foregomg instniment,and
acknowledged that he (they) executed the same as his (their) free act and deed.
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LINDA S. VEE �� /
"`�`� NOTAP.Y PUBUC - MINNES07A �;���
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``"T�`�`>f n,ty comn�issian expires e-t2-96 NOTARY PUBLIC
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COUNTY OF HENNEPIN )
On this � y 199 � before me a Notary Public within
�fh da of �C=�-�'�c'� ' � ` n�'�'��� . � ":. �����re� � �cl�nY��dr
and for said county,personally appcarcd a/' '.� •
known to me to be the person(s) described in and who executed the forego' instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
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LINDA S. VEE NOTARY PLTBLIC
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EXHIBIT A
pARCEL A
Lot 5, Blocic 3, htARKVILLE, according to the recorded plat thereof, Hennepin
CountY, hiinnesota.
pAP,CEL B
except the West 69.00 feet oF said Lots 4 and 6, all in Block 3,
Lots 4 and 6, Minnesota.
MARKVILLE, according to the recorded plat thereof, Hennepin County,
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A RESOLUTION GRANTING VARIANCES
AND A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 78-418 (1)
FILE NO. 6j-3139
WHEREAS, Hill School of Minnesota, Inc., a Minnesota non-profit
organization (hereinafter "the applicant") is the owner of the property located at 2180
North Shore Drive within the City of Orono (hereinafter the "City") and legally described
as follows:
Lots 5 and that part of Lots 4 and 6, lying East of the West 69 feet thereof, Block
3, Markville, Hennepin County, Minnesota
' (hereinafter the "property"); and
WHEREAS, the applicant has made application to the City of Orono for
/ side yard and side street yard setback variances and a conditional use permit per Orono
( f � Municipal Zoning Code Section 78-418 (1) to permit construction of an addition with
i 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.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File OS-3139.
2. The property is located in the RR — 1B, Zoning District which requires a
minimum lot area 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 Planning Commission reviewed this application at a public hearing
held on November 21, 2005 and on March 20, 2006 and recommended
approval of the variances and conditional use permit based on the
following findings:
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a. The proposed addition will not encroach any further into �the western
side yard or the side street yard than what cunently exists.
b. The use to the west contains the Minnetonka Arts Center,which is also
a conditionally permitted use rather than a residential use, alleviating
any negativ� impacts that may-resuit vvith 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 subject to hardcover restrictions.
e. The proposed addition meets all criteria esta.blished under Section 78-
916 and will not be detrimental to the public health, safety or welfare
of the community.
f. 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 subrnitted 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
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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 codes 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' width.
4. Enrollment 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 5
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C ITY of ORONO
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RESOLUTION OF THE CITY COUNCI L
��`�x'EsKo�`'�G No. 5 4 � 3
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 re�olution and on hehalf cf th� 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 1 Oth day of April, 2006.
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� � ln�a� :'5���:4��i�y' Clerk Barbara A. Peterson, Mayor
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this �7�day of
•�''1� , 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.
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'�� 'a=�.. RACHEL DODGE
�� •..� Notary Public
?�', ' NOTARY PUBLIC-MINNESOTA
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`; '�-„;,,,: '` My Commission Expires Jan.31,2010
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Page 4 of 5
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RESOLUTION OF THE CITY COUNCIL
��`�kEsHo�`'�G No. 5 a � 3
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this�day of
'r1/. , 2U06 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
mumcipal corporation and said instrument was executed on behalf of the City.
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, RACHELDODGE
�,' y; `_ ,* NOTARY PUBLIC-MINNESOTA �t--C--.lt-L�_ ,�L*'C'��
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S� Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this�day of � (,�,. , 2006
by Valerie Thies, as Director of Hill School of Minnesota, Inc., a Minnesota no -profit
organization, on behalf of the non-profit organization.
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DENISE M.LESKINEN -� r• ,
N07ARY PUBLIC-MINNESOTA C���'�-����/�'!/"� 7
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Notary Public
Page 5 of 5
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