HomeMy WebLinkAbout#3424-CUP-/variance-1994 .�, o1V.
CITY of O ���
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
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 parking area located within a required side street yard
where no such parking 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 25,440 s.f. or .63 acres.
3. The buildin; refened 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 continue� 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.
b. From August 15, 1989 through September 11, 1990, the Art Center of Minnesota
(formerly Mi.nnetonka Art Center) leased the facility from the new owner for the
purpose of continuing use of the faciliry 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.
8. 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-tune 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 surrounding 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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11. The Council fmds that the conditions existing on this property are peculiar to it
and do not apply generally to other property in this zoni.ng district; that granting
the variance would not adversely affect traffic conditions, light, 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 i.ntent 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 back�round and school use of the property are unique and
consequently grants a variance that would allow open parki.ng stalls within the required side
street yard. This approval is subject to the following conditions:
1. Applicant has received approval of a variance to allow open parking 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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form 5005 Disl
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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 Off'icial's memo r�f April 18, 1994 that are
to be completed by November 9, 1994:
a. Handicap access to first level only.
b. Handicap sanitation facilities.
c. 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 conscitute 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 be reconstructed and used as before if it is
reconstrncted within twelve (12) months after such calamity, unless the damage
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 required improvements as set forth in Conditions
� 1 and 2 above to be completed by November 9, 1994.
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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. 1•
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Hi'�,,"_`lrn ` J�?W'[,�,C�.i
Andrea E. Schneider
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing 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 Ciry of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
Ciry.
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LINDA S. VEE �G."�: ���� �J ♦ V ��
NOTAAY PUBLIC — MINNESOTA NO Public
HENN,.E,�PYIN COUNnTY/��p �Y
: .V� ��m�l11 ��� P�G�YV
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STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this �5= day of u 1 , 199�before me a Notary Pub1iC within
and for said counry,personally appear d /�n n e 1-�e L�S u e�c r t�c7 rr�'P� _
l rnown to me to be the person(s) described in and who executed the foregouig uistrument,and
acknowledged that he the`� e the same as his (their) free act and deed.
��:� LINDA S. VEE
'"�`}•'••� NOTARY PUBLIC - MINNESOTA
�`�' HENNEPIN COUNTY � ,�'w //
� pAy comrnlssion exP��8-12�6 �✓L ` �J ��
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Y PUBLIC
� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �day of ��('��'t'i� � , 199`�before me a Notary Public within
and for said county,personally appeared�;n,r-�� f� SC'H�°��-c�'� S�'n y���
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
LINDA S. VEE ' ���
�` N07ARY PUBLIC - MINNES07A ��it/
<``��5 HE�JNEPIN COUNTY �
�'_�^'`�`�`�j� My comrr�issien expires e-t2-ss NOTARY PUBLIC
��. .
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STATE OF MINNESOTA )
) ss..
COUNTY OF HENNEPIN )
On this 1�� day of ��:�'�c'� , 199�before me a Notary Public within
and for said county,personally anoeared J)')a r�'� ��h�'�'�'��` • �'�J"�� ���'''�reK � �cl�n Y�'d t
known to me to be t he person(s) d e s c r i b e d i n a n d who executed the forego instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
' " � �z��� �:i� ���'-�
LINDA S. VEE NOTARY PiJBLIC
�:^: .. NO HENNEPIN COUNTY TA
�:�'r_ My commissbn expires 8-12-96
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EXHIBIT A
pARCEL A
Lot 5, Block 3, h1ARKVILLE, according to the recorded plat thereof, Hennepin
County, hiinneso ta.
pAP,CEL B
� Lots 4 and 6, except the West 69��dedfplat thereof�,�Hennep n County,1MiBnesota.
MARKVILLE, according to the re