3.8. SR 07-02-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Consent
Item Description
Request by Orono Commons for Extension of Conditional Use
Permit.
Meeting Date
ul 2, 2007
Item Number
3.8.*
Prepared by
Sheila Cartne , Senior Planner
Reviewed by
Reviewed by
Action Requested
Staff recommends the City Council approve the extension for the Conditional Use Permit (CUP) for
Orono Commons with the following condition:
1. The Conditional Use Permit must be implemented by June 27, 2008 or will become void.
Background/Discussion
In June 2005, a Conditional Use Permit was approved for the property located at 12669 Meadowvale
Road. The CUP permitted outdoor storage related to the proposed office/warehouse building known as
Orono Commons. According to City Ordinance, a CUP must be completed within two years of approval
or it will become void, unless an extension is granted. A building permit has been submitted for Orono
Commons and will be issued once fees have been paid. Because of the delay in obtaining funding, the
CUP is close to expiring and an extension is necessary.
Attachments
. Location Map
. Letter of request
. Approved CUP
Action
Motion by _
Second by _
Vote
Follow Up
S:\pLANNING\Case Files\CUP\CU 05-11 Orono Commons\CUP ext 6.28.07.doc
>
a
\:)
~
~
~
^
STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: Gordon D. Berger, Orono Commons, ILC
Request: Conditional Use Permit for Outdoor Storage
Case No. CU 05-11
ORDER GRANTING
CONDITIONAL USE
Kenneth G. Bonine, Owner
The above entitled matter came to be heard before the City Council on the 20th day of June
2005, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for
the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following c~nditions or reasons:
1. ALL COMMENTS OF THE CITY ENGINEER, WHICH ARE APPLICABLE TO
THE CUP FOR OUTDOOR STORAGE, SHALL BE ADDRESSED.
2. SCREENING SHALL BE INSTALLED ALONG THE PROPERTY LINES,
ADJACENT TO THE PROPOSED OUTDOOR STORAGE.
3. A WETLAND DELINEATION WILL HAVE TO BE PROVIDED AND THE
WETLAND BOUNDARY ACCURATELY SHOWN ON THE SITE PLAN.
4. THE PAVED AREAS SHALL BE SETBACK A MINIMUM OF 20 FEET FROM THE
WETLAND OR AS OTHERWISE APPROVED BY STAFF.
5. NO RUNOFF FROM THE STORAGE AREA SHALL FLOW DIRECTLY INTO
THE WETLAND.
6. ALL COMMENTS OF THE FIRE CHIEF SHALL BE ADDRESSED.
7. THE WATER LINE SHALL BE EXTENDED FROM THE FIRE HYDRANT, TO
THE WEST BOUNDARY OF THE PROPERTY.
8. THE PROPERTY SHALL BE PLATTED.
9. THE STORAGE AREA WILL HAVE TO BE AN ACCESSORY USE TO THE
OFFICE/WAREHOUSE BUILDING.
10. OUTDOOR STORAGE ON THE EAST SIDE OF THE BUILDING SHALL BE
REDUCED TO INCLUDE ONLY DIAGONAL PARKING SPACES.
11. A 20-FOOT CLEAR DRIVE AISLE SHALL BE MAINTAINED AROUND THE
BUILDING.
DATED this 20th day of June, 2005.
s: \pLANNING \ Case Files \ CUP\ CU 05-11 Orono Commons \recording doc. doc
STATE OF MINNESOTA )
)
COUNTY OF SHERBURNE) ss.
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
CITY OF ELK RIVER
I, Michele McPherson, Director of Planning for the City of Elk River with and in for said
City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional
Use with the original record thereof preserved in my office, and have found the same to be a true
transcript of the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year.
Michele McPherson
Director of Planning
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the day of
,2005.
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this _ day of , 2005.
s: \pLANNING \ Case Files \ CUP\ CU 05-11 Orono Commons \recording doc. doc
EXHIBIT A
All that part of Lot 16, AUDITOR'S SUBDIVISION NO.3, Village (now City) of Elk
River; and of the Southwest Quarter of the Southwest Quarter of Section 28, Township 33,
Range 26, all in Sherburne County, Minnesota; described as Commencing at the Southeast
corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed basis of
bearings of South 89 degrees 39 minutes 42 seconds West along the South line of said
Southwest Quarter of the Southwest Quarter for a distance of 217.56 feet; thence South 32
degrees 52 minutes 33 seconds West for a distance of 148.55 feet to intersect the
Southwesterly line of said Lot 16, also being the Northeasterly line of the right-of-way of
Meadowvale Road (also know as County Road No. 44); thence return North 32 degrees 52
minutes 33 seconds East, said line to be hereafter known as "Line E" for the purposes of
this description, for a distance of 200.00 feet; thence North 25 degrees 39 minutes 20
seconds West for a distance of 150.00 feet to a point to be hereafter known as "Point C" for
the purposes of this description; thence South 32 degrees 52 minutes 33 seconds West,
parallel with said Line E, for a distance of 286.84 feet, more or less, to intersect said
Southwesterly line of Lot 16, said point of intersection also being the actual Point of
Beginning of the land to be hereby described; thence return North 32 degrees 52 minutes 33
seconds East to said Point C; thence North 0 degrees 19 minutes 15 seconds West for a
distance of 568.00 feet, more or less, to intersect the Southerly line of the right-of-way of the
Burlington Northern Railroad Co.; thence northwesterly along said railroad right-of-way,
being a curve concave to the southwest, radius 2799.76 feet, for a central angle of 4 degrees
19 minutes 54 seconds, and length 211.66 feet, more or less, to the most Easterly comer of
the duly recorded plat of McCHESNEY INDUSTRIAL PARK, said Sherburne County;
thence South 14 degrees 09 minutes 41 seconds West along said Easterly line of
McCHESNEY INDUSTRIAL PARK for a distance of 783.01 feet, more or less, to the
most Southerly comer of said McCHESNEY INDUSTRIAL PARK, being a point on said
right-of-way of Meadowvale (also known as Meadow Vale) Road; thence South 64 degrees
56 minutes 49 seconds East along said right-of-way for a distance of 130.46 feet; thence
continue southeasterly along said right-of-way of Meadowvale Road (and along said
Southwesterly line of Lot 16, AUDITOR'S SUBDIVISION NO.3), being a curve concave
to the southwest, radius 2844.00 feet, for a central angle of 2 degrees 44 minutes 26 seconds,
and length 136.05 feet, more or less, to the Point of Beginning.
Containing 5.34 acres, more or less. Subject to easements of record, if any.
s: \PLANNING \ Case Files \ CUP\ CU 05-11 Orono Commons \recording doc. doc
"PARCEL IV":
All that part of Lot 16, AUDITOR'S SUBDIVISION NO.3, Village (now City) of Elk
River; and of the Southwest Quarter of the Southwest Quarter of Section 28, Township 33,
Range 26, all in Sherburne County, Minnesota; described as Commencing at the Southeast
comer of said Southwest Quarter of the Southwest Quarter; thence on an assumed basis of
bearings of South 89 degrees 39 minutes 42 seconds West along the South line of said
Southwest Quarter of the Southwest Quarter for a distance of 217.56 feet; thence South 32
degrees 52 minutes 33 seconds West for a distance of 148.55 feet to intersect the
Southwesterly line of said Lot 16, also being the Northeasterly line of the right-of-way of
Meadowvale Road (also known as County Road No. 44); thence return North 32 degrees 52
minutes 33 seconds East, said line to be hereafter known as "Line E" for the purposes of
this description, for a distance of 200.00 feet; thence North 25 degrees 39 minutes 20
seconds West for a distance of 150.00 feet to a point to be hereafter known as "Point C" for
the purposes of this description; thence South 32 degrees 52 minutes 33 seconds West,
parallel with said Line E, for a distance of 286.84 feet to intersect said Southwesterly line of
Lot 16, said point of intersection also being the actual Point of Beginning of the land to be
hereby described; thence return North 32 degrees 52 minutes 33 seconds East for 286.84
feet to said Point C; thence North 0 degrees 19 minutes 15 seconds West for a distance of
56.00 feet to a point to be hereafter known as "Point F" for the purposes of this description;
thence South 89 degrees 39 minutes 42 seconds West, parallel with said South line of the
Southwest Quarter of the Southwest Quarter, for a distance of 181.38 feet, more or less, to
intersect a line 163.47 feet southeasterly of, as measured at right angles to, the Easterly line
of the duly recorded plat of McCHESNEY INDUSTRIAL PARK, said Sherburne County;
thence South 14 degrees 09 minutes 41 seconds West, parallel with said Easterly line of
McCHESNEY INDUSTRIAL PARK, for a distance of 258.62 feet to intersect said
Southwesterly line of Lot 16, AUDITOR'S SUBDIVISION NO.3; thence southeasterly
along said Southwesterly line of Lot 16, also being said right-of-way of Meadowvale Road,
and a curve concave to the southwest, radius 2844.00 feet, for a central angle of 2 degrees 00
minutes 52 seconds and length 100.00 feet, more or less, to the Point of Beginning.
Containing 1.00 acre, more or less.
S:\PLANNING\Case Files\CUP\CU 05-11 Orono Commons\recording doc. doc
PARCEL V
All that part of Lot 16, AUDITOR'S SUBDIVISION NO.3, Village (now City) of Elk
River; and of the Southwest Quarter of the Southwest Quarter of Section 28, Township 33,
Range 26, all in Sherburne County, Minnesota; described as Commencing at the Southeast
corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing
basis of bearings of South 89 degrees 39 minutes 42 seconds West along the South line of
said Southwest Quarter of the Southwest Quarter for a distance of 217.56 feet; thence South
32 degrees 52 minutes 33 seconds West for a distance of 148.55 feet to intersect the
Southwesterly line of said Lot 16, also being the Northeasterly line of the right-of-way of
Meadowvale Road (also known as County Road No. 44); thence return North 32 degrees 52
minutes 33 seconds East for a distance of 200.00 feet; thence North 25 degrees 39 minutes
20 seconds West for a distance of 150.00 feet to a point to be hereafter known as "Point C"
for the purposes of this description; thence North 0 degrees 19 minutes 15 seconds West for
a distance of 56.00 feet to a point to be hereafter known as "Point F" for the purposes of
this description; thence South 89 degrees 39 minutes 42 seconds West, parallel with said
South line of the Southwest Quarter of the Southwest Quarter, for a distance of 181.38 feet,
more or less, to intersect (said point of intersection to be hereafter known as ''Point G" for
the purposes of this description) a line 163.47 feet southeasterly of, as measured at right
angles to, the Easterly line of the duly recorded plat of McCHESNEY INDUSTRIAL
PARK, said Sherburne County; thence South 14 degrees 09 minutes 41 seconds West,
parallel with said Easterly line of McCHESNEY INDUSTRIAL PARK, for a distance of
258.62 feet to intersect said Southwesterly line of Lot 16, AUDITOR'S SUBDIVISION
NO.3, said point of intersection also being the actual Point of Beginning of the land to be
hereby described; thence return North 14 degrees 09 minutes 41 seconds East to said Point
G; thence return North 89 degrees 39 minutes 42 seconds East to said Point F; thence
North 0 degrees 19 minutes 15 seconds West for a distance of 512.00 feet, more or less, to
intersect the Southerly line of the right-of-way of the Burlington Northern Railroad Co.;
thence northwesterly along said railroad right-of-way, being a curve concave to the
southwest, radius 2799.78 feet, for a central angle of 4 degrees 19 minutes 54 seconds, and
length 211.66 feet, more or less, to the most Easterly corner of said McCHESNEY
INDUSTRIAL PARK, being a point on said right-of-way of Meadowvale (also known as
Meadow Vale) Road; thence South 64 degrees 56 minutes 49 seconds East along said right-
of-way for a distance of 130.46 feet; thence continue southeasterly along said right-of-way of
Meadowvale Road (and along said Southwesterly line of Lot 16, AUDITOR'S
SUBDIVISION NO.3), being a curve concave to the southwest, radius 2844.00 feet, for a
central angle of 0 degrees 43 minutes 34 seconds, and length 36.05 feet, more or less, to the
Point of Beginning. Containing 4.34 acres, more or less.
S:\PLANNING\Case Files\CUP\CU 05-11 Orono Commons\recording doc. doc