HomeMy WebLinkAbout#3784-variances/CUP-1996 6'706882
SON
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:. to CITY of ORONO
.� Vii^iMr �Gti RESOLUTION OF THE CITY COUNCIL
9kESH0g' NO. 3 7 8 4
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (A-1)
AND VARIANCES TO SECTION 10.61, SUBDIVISION 2, (A-3),
SUBDIVISION 5 (A) AND SUBDIVISION 10
FILE NO. 2128
•
WHEREAS, Orono Ice Arena, Inc., a non-profit Minnesota corporation,
(hereinafter the "applicant") has an interest in the property located at 1025 Old Crystal Bay Road
North within the City of Orono (hereinafter the "City") and legally described as follows:
refer to Exhibit A attached (hereinafter the "property"); and
WHEREAS, the applicant has made application to the City of Orono for a
conditional use permit to construct a 163' x 251' indoor ice arena as a non-profit organization
under a land lease agreement with Orono Independent School District #278 per Section 10.20,
Subdivision 3 (A-1), and variance to Section 10.61, Subdivision 2 (A-3) seeking approval of a
signage area variance of 64 s.f. where 12 s.f. would be allowed, a variance to Section 10.61,
Subdivision 5 (A) for a setback variance for exterior parking along Old Crystal Bay Road
proposed at 19.3' where the code would require a 50' setback, and a variance to Section 10.61,
Subdivision 10 (E) for a parking stall variance to the total number required proposed at 91 where
the code would require 200.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS -
1. This application was reviewed as Zoning File #2128.
2. The property is located in the RR-1B Rural Residential Zoning District requiring
two acres in area. The property consists of 4.4+ acres.
3. The Orono Planning Commission reviewed this application on April 15, 1996 and
recommended approval of the variances as proposed and the granting of a
TRANSFER ENTERED onditional use permit for the construction of an indoor ice arena at a total
WENN€PMN COUNTY TAXPAYER StERVIC4
ootprint of 40,900 s.f. of area. The following findings have been made to support
the granting of the conditional use permit:
JAN 23 1997
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CITY of ORONO
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(io +O� RESOLUTION OF THE CITY COUNCIL
9kES104 NO. 3 7 8 4
a. The facility shall be located on the same tax parcel as the principal high
school use.
b. The arena structure shall meet the required 50' setback from all lot lines.
c. The ice arena will not be separated from the high school by a public road.
d. The facility shall be owned by a non-profit organization under a GROUND
LEASE AND RECREATIONAL FACILITIES COOPERATIVE
AGREEMENT with the school district. Per a letter of September 6, 1996
from the IRS District Director, applicant's status is confirmed as a non-
profit corporation maintaining Section 501 (c) (3) status.
e. Applicant has submitted a certificate of costs and sources of funds for the
construction of arena and has demonstrated financial capability to complete
said construction confirming 89.6% commitment of funds or revenue have
been attained meeting the required 80% as required per code.
2. The following unique findings and hardships can be made to support the granting
of the variances:
a. The exterior parking area is located adjacent to Old Crystal Bay Road and
the area is surrounded by schools, school parking lots and sports facility
fields and parking lots and will have no impact on surrounding residential
neighborhood.
b. A lease agreement between applicant and the Orono School District will
allow both to share in the parking areas located on entire school property.
c. There shall be a walkway connecting the most northern parking lot of
Orono High School with the southern and eastern parking lots at the ice
arena facility.
d. The setback of the exterior parking area adjacent to Old Crystal Bay Road
is consistent with the setback of the parking areas serving the Orono High
School, Middle School and Elementary School.
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CITY of ORONO
�. i;��� �fr't RESOLUTION OF THE CITY COUNCIL
t9kESH04" NO. 8784
e. There is adequate room within setback area of exterior parking and road to
provide plantings to minimize impact of parking area.
f. Signage area of 12 s.f. for the proposed use is inadequate to serve needs of
facility located on a corner lot adjacent to a major roadway that will carry
out of town visitors to facility.
g. There is a need to provide adequate warning of the location of the facility
at the intersection of County Road 6 and Old Crystal Bay Road.
3. Applicant held information meetings for approximately 21 residents informed via
written notice on both January 24, 1996 and March 21, 1996. The purpose of the
meetings was to provide neighbors an opportunity to learn of the project before
being presented to the City for formal review. The hope of the applicant was to
receive early input so as to amend plans in order to eliminate any controversy.
Attendance at the informational meetings was small and each person attending was
given the opportunity to speak and ask questions of applicant.
4. Applicant has submitted addendum information that includes copies of letters to
residents either responding to questions raised at the meetings and restating
applicant's position as to the need to approve proposal as presented.
5. In a report by Michael P. Gaffron dated April 17, 1996, Mr. Gaffron confirms that
the ice arena does not fall into either of the mandatory EAW or EIS categories.
As a result, no citizen petition for an EAW/EIS can be honored.
6. A joint engineering study by both the cities of Long Lake and Orono in the
summer of 1996 confirmed that the existing downstream sewer lines will be
capable of maintaining the additional wastewater from the facility.
7. On October 24, 1996, the Metropolitan Council approved Comprehensive Plan
Amendment#6 placing the school property within the Metropolitan Urban Service
Area and allowing for the extension of municipal sewer to this property.
8. On October 28, 1996, the Orono City Council approved Resolution No. 3791
adopting Comprehensive Plan Amendment #6.
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=..,, ,,,. CITY of ORONO
.�9 A;^i�; �Gti RESOLUTION OF F THE CITY COUNCIL
kEsxo�' NO. 784
9. The 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
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 intent of the Zoning Code and
Comprehensive Plan of the City.
10. The City Council fords that granting a conditional use permit to allow construction
of a 163' x 251' indoor ice arena 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 property, nor will its use 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 hereby
grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (A-1)
to Orono Ice Arena, Inc. for the property located at 1025 Old Crystal Bay Road North to allow
construction of a 163' x 251' indoor ice arena and further grants variances to Section 10.61,
Subdivision 2 (A-3), a signage variance of 64 s.f., per Section 10.61, Subdivision 5 (A) a setback
variance for exterior parking at Old Crystal Bay Road North of 30.7' or 61.4% and per Section
10.61, Subdivision 10 (E) a parking stall variance of 109 stalls or 54%. This approval is subject
to the following conditions:
1. Approval of the Orono ice arena project has been based on plans drafted by
Hammel, Greene and Abrahamson, Inc., Architects and Engineers, Ted
Roozeboom Architect, submitted to the City for Council's approval as follows:
a. Layout and utility plan - dated March 22, 1996.
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''. ,v;^`1i��'`"\ G� RESOLUTION OF THE CITY COUNCIL
1 1P .�,
ikESNO. 8784
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b. Grading and surfacing plan - dated March 22, 1996.
c. Planting plan - dated March 21, 1996, most revised date October 25,
1996.
d. Floor plan - dated March 22, 1996, most revised date November 1, 1996.
e. Exterior elevations - dated March 22, 1996, most revised date November
1, 1996.
f. Site plan - dated March 22, 1996, most revised date November 1, 1996.
2. Upon application for a building permit, applicant must provide the following
information:
a. All plans as noted above must be signed by either the licensed architect
or licensed engineer.
b. Final specs and plans for extension of the utilities for the City Engineer's
review.
c. Written report from applicant's architect confirming number of SAC units
required by Met Council.
d. Final grading and paving plans to reflect Orono Engineer's
recommendations and corrections.
e. Payment of required SAC units. Payment of sewer and water connection
fee at $8490.00 per unit to the City. Total payment to be based on
number of SAC units charged by Met Council.
3. Applicant and owner to grant drainage easement over detention pond on property
(see sample enclosed).
4. Applicant to obtain an access permit for the new curb cut at Old Crystal Bay
Road North from the Orono Public Works Department.
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CITY of ORONO
14041E.
vfl$ G� RESOLUTION OF THE CITY COUNCIL
�9kESH046) NO. 3 784
5. Applicant and Orono School District shall be responsible for protecting the Type
I wetlands located on this property by GME Consultants, Inc. in their report dated
June 29, 1995. A map locating the two protected wetlands is attached to this
resolution as Page 9. Applicant and owner of the property shall agree to never
alter by excavating or filling said wetland before first obtaining required permits
from the Minnehaha Creek Watershed District and U.S. Corps of Engineers before
Coming to the City of Orono for appropriate permit approval.
6. All exterior air conditioning condensers shall be surrounded by an approved
masonry wall so as to minimize any impact of noise upon adjacent residential
neighbors.
7. Applicant shall agree to install fencing and landscaping as requested by immediate
residential neighbor to west of property.
8. In the granting of this conditional use permit, the City approves the proposed uses
and the hours of operation during peak winter months commencing September 15th
through March 15th at 5:30 a.m. to 11:30 p.m. and off-season periods from 7:00
a.m. to 10:00 p.m. The City reserves the right to reconsider this conditional use
permit should the operation of the facility or the hours of operation result in any
detriment to the public health, safety or welfare. This review shall be subject to
the standards set forth in Section 10.09, Subdivision 11 of the Zoning Code.
9. Authorities granted by this resolution run with the property not with the owner, but
are permissive only and must be exercised by application for a building permit
within one year of the date of Council's approval, or the special conditions of this
resolution will expire on that date (October 28, 1997).
10. 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.
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1 `l'��'.";i t,i;ryfM�'� sp RESOLUTION OF THE CITY COUNCIL
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11. An authorized representative of the Orono Ice Arena, Inc. and an authorized
representative of Independent School District #278 have read, understood and
hereby agree to the terms of this resolution and on behalf of themselves, their
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 28th day of October, 1996.
ATTEST/ )
•waVVrdVV J. Calla an,
orothyM. lin,..City Clerk Jr., ayor
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Authorized 'epres- , ive of Aut orize. 'epre entative of Independent
Orono Ice 1 - ., nc. School District#278
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
October, 1996,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.
,
YJIIJJil i //I %IY
71
'� ., LINDA S.VEE , �,
4 • /..)e-C- '
14010
• NOTARY PUBLIC-MINNESOTAl ''V
eHENNEPIN COUNTY Notary Public
�, • My Commission Expires Jan.31,2000
0`I/!/i iviL/%Y//%i....--/ vii/yam`
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14 ) `'�AtS�
. ,,;fo1"�"Aie' �°s RESOLUTION OF THE CITY COUNCIL
9kESH04?" NO. 3 784
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this Qfli day of Dep„be, , 199C, before me a Notary Public within
and for said county,personally appeared .,, , A , , de, hnr•;y 17,5ent`t!
known to me to be the person(s) described in and ho executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
e — CAROLE A.HASEMAN
S l NOUYIINIMUC4Mfp pu •
.1`oe NIIMM>PUN NIflf
bg111K,M1.S1.
CbL0-6_,1` NOTARY PUBLI
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this its- day of f C e m b -e,- , 199__ before me a Nota Public within
and for said county,personallyappeared t o u.>:;r r A"a`" z r d .11,'„e',„."-13,,,i-, e >`
PP Ale ��. � ���P`Q���EIf sFr.�:tt'8'
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
• NOTARY PUBLIC-MINNESOTA 1e/
HENNEPIN COUNTY 2-e'L.
' I el
`""` Icy Commission Expires Jan.31.2000 ) N-OTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary Public within
and for said county,personally appeared
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.
NOTARY PUBLIC
Page 8 of 9
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12/19/95 15:11 TX/RX NO.0488 P.006 N
RESOLUTION # 3 7 8 4
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a 1996
9meeting and othatsaid
the same is a�true andheld
correct
October 28
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 30th
day of
October , 19 96
•orothy M. 'a City Clerk
(SEAL)
EXHIBIT A
The east 430 feet of that part of the Northeast
1/4 of the Southwest 1/4 lying south of County Road No. 6,
excluding road, Section 28, Township 118, Range 23, Hennepin
County, Minnesota
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