HomeMy WebLinkAboutRes 2825 •
-14t= City of ORONO
}P ,-CITY 3', RESOLUTION OF THE CITY COUNCIL
NO. 2825
A RESOLUTION GRANTING
AN AFTER-THE-FACT CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 3 (A) AND
SECTION 10.03, SUBDIVISION 19 AND
GRANTS VARIANCES TO
SECTION 10.28, SUBDIVISION 5 (B) AND
SECTION 10.28, SUBDIVISION 4 (A)
FILE #1512
WHEREAS, Steven J. Ruce (hereinafter "the applicant" )
is the owner of the property located at 4625 West Branch Road
within the City of Orono (hereinafter "City" ) and legally
described as follows:
The east 60 feet of Lot 1, Block 1, West Branch Hill , and
the south 168.71 feet of the north 208.71 feet of the east
208.71 feet of the northwest quarter of the northwest
quarter of Section 07 , Township 117, Range 23 , Hennepin
County, Minnesota (hereinafter "the property") ; and
WHEREAS, per Section 10.03, Subdivision 19 and Section
10.28, Subdivision 3 (A) , the applicant has applied for after-
the-fact conditional use permits to permit an 8'x9' greenhouse
addition to the rear of the detached accessory garage structure;
and to permit land alterations in excess of 100 cubic yards
resulting in a tiered garden within the street yard of the
property; and variances to Section 10.28, Subdivision 5 (B) to
allow a retaining wall 4'4" 8' from the front street setback
line where only a 3'6" retaining wall is allowed within the 50'
front/street yard, and a variance to Section 10.28, Subdivision 4
(A) for approval of a variance to the home occupation 'standards
of the code that would allow employees to work that do not reside
within the residence on the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1512
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District requiring 2 acres of dry
contiguous lands.
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City of ORONO
CITY
RESOLUTION OF THE CITY COUNCIL
�t OF NO. 2825
i':ORONO.
3. The property consists of 54 ,108 s.f. or 1.24 acres.
4. The Orono Planning Commission reviewed this application
on April 16, 1990 and June 18, 1990 and recommended approval
of the proposed variances to Section 10.28, Subdivision 5
(B) and Section 10.28 , Subdivision 4 (A) ; and per Section
10.03, Subdivision 19 and Section 10.28, Subdivision 3 (A)
recommended approval of after-the-fact conditional use
permits based on the following findings:
A) The greenhouse additions do not function as
commercial greenhouses as they are not served with
heating or cooling systems. These specific structures
are used for storing plants in the spring as protection
from the change in temperatures and are not growth
areas and serve predominately as storage areas.
B) Although plantings within the tiered gardens are
used in clients' gardens , the garden area appears
similar to other garden areas on residential
properties. The applicant hires an outside individual
to tend the gardens and is not employeed by the home
occupation.
C) At the Planning Commission meeting of April 16,
1990 the following neighbors made the following
comments regarding Mr. Ruce ' s home occupation:
Lavern Dunsmore stated "Mr. Ruce's property is
beautiful and has been enhanced tremendously."
Jim Stephenson stated "Steve's business is unlike
any other. He is not a landscaper , he is a
gardener and is very low keyed. You can talk to
any of the neighbors and they will all agree that
Mr. Ruce has very little impact upon the
neighborhood. It is a beautiful area and we would
like it to remain."
D ) All material and equipment used in the home
occupation are not stored within view of the public
street or adjoining lots.
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J ,
City of ORONO
CITY" RESOLUTION OF THE CITY COUNCIL
OF' NO. 2825
ORONQ'
5. The City 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.
6. The City Council finds that granting after-the-fact
conditional use permits to allow the 8'x9 ' greenhouse
addition to the rear of the detached accessory garage and
the tiered garden within the street yard 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 hereby grants variances to Municipal Zoning Code
Sections 10.28, Subdivision 5 (B) and Section 10.28, Subdivision
4 (A) and per Section 10.03 , Subdivision 19 and Section 10.28 ,
Subdivision 3 (A) grants after-the-fact conditional use permits
as noted in detail above, subject to the following conditions:
1. No retail sales activities can be conducted on the
property.
2. All materials or equipment to be stored outside shall
continue to be screened from view when observed from the
public street or adjoining residential lots.
3. No signs are permitted other than those normally allowed
in residential districts.
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,+ ,t r ` City of ORONO
': CITY RESOLUTION OF THE CITY COUNCIL
•, ..;. OF . NO. 2825
ORONO
4. Employees involved with the home occupation are not
allowed to work on the site. All employee vehicles must be
stored within the accessory structures on the property
during the work day and all work vehicles must be stored
within the structures when not in use.
5. As property is substandard based on the existing. RR-1B
rural residential zoning district area standards containing
1.24 acres, the applicant is placed on notice that no
further landscaping expansion is approved for this limited
site (this includes greenhouse expansions ) because of the
area needed for future septic use.
6. Applicant to obtain penalty building permits for
greenhouse addition to detached accessory garage and
retaining walls within tiered gardens.
7. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit by
July 16 , 1990 or the the special conditions of this
resolution will expire on that date.
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. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
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
Jul , 1990.
AT'1 T:
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ItLi. lt dam- (A-1)\"••
Do of y AN allin, Citye'r Jam= R. Grabe Mayor
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s � 4 City of ORONO
(, , CITY. RESOLUTION OF THE CITY COUNCIL
NO.
2825
ORONO'
STATE OF MINNESOTA ) -
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of July, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
;M:,7) THERESA L NAAB VJ
`" NOTARY PUBLIC- MINNESOTA `/J
� .� HENNEPIN COUNTY 4/711:1—a— •
My commission expires Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 9th day of July, 1990 before me a Notary Public within
and for said county, personally appeared Steven J. Ruce, Joint
Owner, 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.
.r.' '•.. THERESA L NAAB
ri,r r. = NOTARY PUBLIC-MINNESOTA /f
. : �, -. HENNEPIN COUNTY (zGEi/�/�
::. My co n nisslon expires 9.8-92
_ _ N ARY PUBLIC
STATE OF MINNESOTA ) '
)ss .
COUNTY OF HENNEPIN )
On this 25th day of July, 1990, before me a Notary Public within
and for said County, personally appeared John A & Joyce D. Ruce,
Joint Owners, 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.
r F�`,:-„--�.. z Q NOTARY PUBLIC
F: F�,y�r.RY -;;. —.lay
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