HomeMy WebLinkAboutResolution 6799CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 67 9
A RESOLUTION
DENYING AN AMENDMENT
TO AN EXISTING CONDITIONAL USE PERMIT
GRANTED VIA RESOLUTION NO. 6037 PURSUANT TO
ORONO MUNICIPAL ZONING CODE SECTION 78-666(1)
FOR THE PROPERTY AT 1444 SHORELINE DRIVE
FILE #13-3606
WHEREAS, the City of Orono is a municipal corporation organized and existing under
the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of
the City of Orono has adopted zoning regulations for the protection of the public health, safety and
general welfare; and
WHEREAS, Luke Kujawa representing Your Boat Club (hereinafter "the applicant") in
conjunction with then owner Browns Bay LLC (hereinafter "the prior owner") on April 19, 2013
applied to the City of Orono for an amendment of the existing Conditional Use Permit (CUP)
granted by the City via Resolution No. 6037 on April 11, 2011 pursuant to Orono Municipal
Zoning Code Section 78-666(1) for the property located at 1444 Shoreline Drive within the City
of Orono (hereinafter "the City") and legally described as follows:
Attached hereto as Exhibit A (hereinafter "the Property"); and
WHEREAS, the Property has since been acquired by EOF Investments LLC ("the current
owner") which has assumed the role of property owner with relationship to the CUP amendment
request, Zoning File #13-3606; and
WHEREAS, the applicant has applied to the City of Orono for an amendment of Condition
3 of the aforesaid Resolution No. 6037 which states:
"3. No more than 20 slips may be devoted to boat club use. An amendment of this
conditional use permit will be required in order to exceed this number."; and
WHEREAS, the requested amendment would increase the number of slips allowed to be
devoted to boat club use to 30; and
WHEREAS, after due published notice and mailed notice in accordance with Minnesota
Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6799
hearing on May 20, 2013, at which times all persons desiring to be heard concerning this
application were given the opportunity to speak thereon; and
WHEREAS, the Planning Commission subsequently voted 5-1 on a motion to recommend
denial of the requested CUP amendment; and
WHEREAS, the applicant was notified via letter on June 4, 2013 that the City was
extending the statutory review period an additional 60 days to August 17, 2013 due to the timing
needed for City Council review and final action; and
WHEREAS, the City Council on June 10, 2013 reviewed the application and accepted
additional input from the applicant and received additional public comment; and
WHEREAS, the application was tabled by the Council on June 10, 2013 by a vote of 4-0
pending submittal of additional information, such information defined in the Notice of Council
Action dated June 18, 2013; and
WHEREAS, on June 17, 2013 the applicant signed an extension of the statutory review
period, extending it to October 16, 2013; and
WHEREAS, on August 12, 2013 the City Council again reviewed the application, and
accepted additional input from the applicant; and
WHEREAS, the application was tabled by the Council on August 12, 2013 by a vote of
4-0 pending resolve of certain issues by the applicant and to allow Council additional time to
consider the merits of the application. Issues of concern to be resolved were defined in the Notice
of Council Action dated August 21, 2013; and
WHEREAS, no further action regarding application #13-3606 has been taken by the City
Council during the period August 13, 2013 through October 12, 2014; and
WHEREAS, the applicant has voluntarily and continuously provided written extensions
of the statutory review period for application #13-3606 in a timely manner, such extensions being
documented as follows:
Date
Extended to:
Document:
Initial application deemed
complete
4/19/2013
6/18/2013
Initial 60 -day extension
taken via City action
6/4/2013
8/17/2013
Letter
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 7 9 9
Extension #
1
7/17/2013
10/16/2013
Ext Form
2
9/27/2013
12/15/2013
Ext Form
3
11/5/2013
2/15/2014
Ext Form
4
2/6/2014
4/15/2014
Ext Form
5
3/5/2014
6/15/2014
Ext Form
6
6/13/2014
8/15/2014
Ext Form
7
8/5/2014
10/14/2014
Ext Form
8
10/10/2014
12/14/2014
Ext Form
9
12/2/2014
2/15/2015
Ext Form
10
2/4/2015
4/15/2015
Ext Form
11
4/6/2015
6/15/2015
Ext Form
12
6/1/2015
8/15/2015
Ext Form
13
8/10/2015
10/15/2015
Ext Form
14
10/9/2015
3/15/2016
Ext Form
15
3/10/2016
10/15/2016
Ext Form
16
10/17/2016
3/15/2017
Ext Form
17
3/7/2017
10/15/2017
Ext Form
WHEREAS, the applicant has failed to extend the statutory review period past the latest
extension which expires October 15, 2017; and
WHEREAS, the City Council has reviewed the application materials submitted to date;
the recommendations of the City staff and Planning Commission; the comments and written
statements submitted by the applicant and received from members of the public; and the effect of
the proposed conditional use permit on the health, safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby denies the requested conditional use permit as described above based on one or more of the
following findings of fact concerning this property:
The applicant has not resolved all concerns of the City Council relative to application
#13-3606 and has not asked to be placed on an upcoming City Council agenda for
further review and consideration.
2. The statutory review period for application #13-3606 expires on October 15, 2017 and
the CUP amendment application would be automatically approved if the City Council
does not take an action on or before that date.
3. The City Council finds that the conditions established in Municipal Zoning Code
Section 78-916 for the granting of conditional use permits have not been satisfied with
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6799
regard to application #13-3606, specifically items Conditional Use Permit findings #9,
#11, and #12.
FURTHER BE IT RESOLVED that the following documents and official records are
incorporated herein by reference in support of this denial resolution:
1. Planning Commission Staff Memo and Exhibits dated May 16, 2013.
2. Planning Commission Minutes of May 20, 2013.
3. June 4, 2013 Letter to Applicant re: 60 day extension.
4. City Council Staff Memo and Exhibits dated June 6, 2013.
5. City Council Minutes of June 10, 2013.
6. Notice of City Council Action dated June 18, 2013.
7. City Council Staff Memo and Exhibits dated August 8, 2013.
8. City Council Minutes of August 12, 2013
9. Notice of City Council Action dated August 21, 2013.
10. Statutory review period extensions dated June 4, 2013; July 17, 2013; September 27, 2013;
November 5, 2013; February 6, 2014; March 5, 2014; June 13, 2014; and August 5, 2014,
October 10, 2014, December 2, 2014, February 4, 2015, April 6, 2015, June 1, 2015,
August 10, 2015, October 9, 2015, March 3, 2016, October 17, 2016, and March 7, 2017.
Adopted by the City Council of the City of Orono on this 9th day of October, 2017.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor