HomeMy WebLinkAboutResolution 6865 I
Doc No A10565244
Certified, filed and/or recorded on
Jun 20, 2018 12:06 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 47 Pkg ID 1702253E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6865
�
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-145 and 78-916
FILE NO. LA18-000035
WHEREAS, on April 9, 2018, Ryan Hasse ("Applicant"), applied for a
conditional use permit and a site plan review for the property addressed 3800 Shoreline
Drive and legally described as:
The South 233_00 feet of the East 150.00 feet of Government Lot 8, lying
Easterly of the West line of said Government Lot 8, as monumented, and Westerly
of the Plat of Townsite of Langdon Park, and that part of Lot 1, Block 9, Townsite of
Langdon Park lying West of a tine drawn at right angles to the South line of said
Section 17, from a point on said South line distant 1315.97 feet West from the South
Quarter corner of said Section 17, which lies South of the a line drawn parallel with
and 233.00 feet North of said South line of said Section 17, except the road.
(hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for
a Conditional Use Permit to Orono Municipal Zoning Code Section 78-915 to allow Dog
Kennel; and
WHEREAS, the Applicants have made application to the City of Orono for
a site plan review to Orono Municipal Zoning Code Section 78-145 to allow new accessory
structure for a commercial business; and
WHEREAS, on April 16, 2018, after published and mailed notice in
accordance with Minnesota Statutes and the City Code, the City Council held a public
hearing, at which time all persons desiring to be heard concerning this application were
given the opportunity to speak thereon; and
WHEREAS, on April 16, 2018, the Planning Commission recommended
approval of the variance; and
WHEREAS, on May 14, 2018 the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s� G NO. 6865
40s H OQ`%'
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the requested conditional use permit and site plan review as
described above based on one or more of the following findings of fact concerning the
Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA18-000035. The analysis
contained within staff memos and the exhibits attached to the aforesaid memos,
all minutes from the above mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
2. The Property is located in the B-5 Zoning District.
3. The Property contains 0.68 acres in area and has a defined lot width of 150 feet.
4. The Property is within Tier 3 and hardcover is limited to 35% according to the
Stormwater Quality Overlay District.
5. In considering this applications for a conditional use permit and a site plan review,
the Council has considered the advice and recommendation of the Planning
Commission and the effect of the proposed application upon the health, safety and
welfare of the community, existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, and the effect on values of property in the
surrounding area.
SITE PLAN ANALYSIS:
Before granting approval of the site plan review, the City Council shall determine that
the proposal:
1) Is compatible with surrounding land uses; the use is an appropriate use in
the B-5 zoning district, and the design of the building lends itself to the
proposed use.
2) Preserves existing unique and natural features of the site and minimizes
impacts to wetlands, floodplains, and shoreland areas; the site plan is
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IONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti* t NO. 6865
`-kES H 0V.
triggered by the change in use and new accessory structure, which does
not impact these features.
3) Creates harmonious relationship of buildings and open space with natural site
features and with existing and future buildings having a visual relationship of
the development; The coordinated building colors creates a harmonious
development.
4) Achieves a safe and efficient vehicular and pedestrian circulation system;
Vehicular and pedestrian traffic is logically separated.
5) Places no excessive demands on services and infrastructure, including local
streets; Not anticipated.
6) Conforms to the city's plans for parks, streets, and walkways; no change to
these features.
7) Conforms to the Orono Community Management Plan; the change in use
remains commercial, consistent with the Comprehensive Plan.
8) Achieves a maximum of safety and convenience of vehicular and pedestrian
movement; no conflicts anticipated.
9) Incorporates sufficient landscaping to reasonably screen undesirable features
and to enhance the image of the development; the retention of the
landscaping areas provides sufficient screening.
10)Protects abutting properties and does not create detrimental disturbances to
surrounding properties; the separation of the building and the play areas as
well as the fencing areas provides sufficient protection.
11)Conforms to all requirements of this chapter unless a variance has been
granted.
12)Incorporates efforts to conserve energy whenever practical.
CONDITIONAL USE PERMIT ANALYSIS:
The Planning Commission may recommend and the Council may grant a Conditional
Use Permit(CUP) as the use permit was applied for or in modified form. On the basis
of the application and the evidence submitted, the city must find that the proposed
use at the proposed location is or will be:
1) Consistent with the community management plan the CMP focuses on
preservation on natural resources, and preservation of residential areas
and neighborhoods. The proposed use provides a service for Orono
residents. Further, the proposed use is not regional in nature.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6865
4kESH09-%.
2) Compliant with the zoning code, including any conditions imposed on specific
uses as required by article V, division 3 of the City Code; this statement is
true.
3) Adequately served by police, fire, roads, and stormwater management; the
subject property is adequately served by these services.
4) Provided with an adequate water supply and sewage disposal system; the
subject property is adequately served by these services.
5) Not expected to generate excessive demand for public services at public cost;
this statement is true.
6) Compatible with the surrounding area as the area is used both presently and
as it is planned to be used in the future; The proposed use is compatible
with the surrounding uses of County Highway, Highway Maintenance,
open space, and commercial retain uses.
7) Consistent with the character of the surrounding area, unless a change of
character is called for in the community management plan; this statement is
true. The CMP calls for the improvement of existing commercial
structures. The proposed facelift will enhance the appearance of the
building.
8) Not expected to substantially impair the use and enjoyment of the property in
the area or have a materially adverse impact on the property values in the area
when compared to the impairment or impact of generally permitted uses; The
main, unique impact anticipated is the noise due to barking dogs, and the
elimination of pet wastes. The applicants' plans to address these issues
appear to satisfactorily mitigate the concerns.
9) Provided with screening and buffering adequate to mitigate undesirable views
and activities likely to disturb surrounding uses; the retention of the
landscaping areas provides sufficient screening.
10)Not create a nuisance which generates smoke, noise, glare, vibration, odors,
fumes, dust, electrical interference, general unsightliness, or other means;
none expected.
1 1)Not cause excessive non-residential traffic on residential streets, parking
needs that cause a demonstrable inconvenience to adjoining properties, traffic
congestion, or unsafe access; none expected.
12)Designed to take into account the natural, scenic, and historic features of the
area and to minimize environmental impact; not applicable.
13)AIl exterior lighting shall be so directed so as not to cast glare toward or onto
the public right-of-way or neighboring residential uses or districts; lighting will
4
ILOtvp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� , NO. 6865
��kESH0°�
be designed to accommodate lighting requirements of the zoning code.
and
14) Not detrimental to the public health, public safety, or general welfare. This
statement is expected to be true.
A CUP may be granted subject to such conditions as the Council may prescribe.
Additionally, a CUP shall remain in effect as long as the conditions imposed by the
City Council are observed, but nothing in this section shall prevent the city from
enacting or amending official controls to change the status of conditional uses.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit and site plan review to Orono Municipal Zoning Code
Section 78-145 and 78-916 to allow a conditional use permit for a dog kennel and a site
plan review, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey and plans dated April 9, 2018
submitted by the Applicants and annotated by City staff, attached to this Resolution
as Exhibit A.
3. Any amendments to the plans which are not in conformity with City codes may
require further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants,
but are permissive only and must be exercised by obtaining a building permit for
the new construction and commencing construction of said project or the business
must be open within one year of the date of Council approval, or the conditional
use permit will expire on that date (May 14, 2019).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution may result in the termination of any authority granted herein.
6. The following five items are conditions for the approval for this resolution
1. The operator shall maintain the annual kennel license. Failure to maintain
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
se `� NO. 6865
e4•kES H O��
the kennel license shall render the Conditional Use Permit to lapse.
2. Dogs shall be supervised while outdoors at all times.
3. The parking lot shall be re-striped to improve and identify the parking stalls,
per city code.
4. Evidence of parking concerns or congestion may trigger a review of the
conditional use permit by the Planning Commission and/or City Council.
Additional parking may require a Site Plan Review.
5. The secondary gravel access on Shoreline Drive shall be removed per
Hennepin County's request.
ADOPTED by the Orono City Council on this 14 day of May, 2018.
ATTEST: CITY OF ORONO:
y a
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Anna Carlson, City Clerk Dennis Walsh, Mayor
6
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Resolution
SITE PLAN AND BOUNDARY No.
AND TOPOGRAPHY SURVEY FOR DM 8-000035
RYAN HASSE Exhibit A
IN GOVT.LOT 8,SEC 17-117-23 AND IN LOT 1, BLOCK 9,
TOWNSITE OF LANGDON PARK
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION(FROM WARRANTY DEED PER DOC.NO.7525134):
The South 233.00 feet of the East 150.00 feet of Government Lot 8,lying Easterly of the
West Ins of geld Government Lot 8,55 inonumented,and Westerly of the Piet of Townsite
of Langdon Park,and that part of Lott Slack 9 Tomsk'of Langdon Perk lying West of a
line drawn at right angles tattle South line of said Section 17,from a point on said South •
line distant 131597 feet West from the South Ouster corner of said Seclion 17,which lies
South of the a line drawn partake wkh and 233.00 feet North of said South line of said Section
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Address=3E100 Shoreline Drive
Lot Area 4 30,8930-S.F.Excluding Shorelne Drive R.O.W.
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Denotes proposed contour MOVIM.M. Imemmemem
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171a survey intends to show the boundaries,topography,existing building,end landscape SCALE IN FEET
features thereon.8 does not purport to show any other improvements or encroachments.
DEERWID REVISION DATE DESCRIPTION certify that this plan specification or r4.44 SCALE
GRONBERG&ASSOCIATES,INC.
1 4-9-18 PROPOSED ITEMS SHOWN
CONSULTING ENGINEERS,LAND SURVEYORS Ind that I km a flulY Utenve7 Land Surveyor untie,
DRAWN the laws of tie State of Minnesota. DATE
SITE PLANNERS 149-16
445 N.WILLOW DR.LONG UWE M.55356
CHECKED Aelia.Z.../-..mer-....e-orso JOB NO.
95241734141
DATE V.0.,r MN LICENSE NUMBER ..%2 7l V' 18-0111A
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