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HomeMy WebLinkAboutResolution 718511111111111 ��111 11111 1111� 111111111111111 1111� 1111111 LAND TYPE Abstract (A) DOC NUM 10947840 Certified, filed and/or recorded on Apr 15, 2021 12:52 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 144 Pkg ID 2218805E 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. 7 1 8 5 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FROM MUNICIPAL ZONING CODE SECTION 78-303 FILE NO. LA21-000019 WHEREAS, on February 15, 2021, Todd Ziesmer ("Applicant"), applied for a variance from the City Code for the property addressed 3440 Bayside Rd and legally described in exhibit A, hereinafter the "Property'; WHEREAS, the Applicant have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-303 to allow farm animals for honey bees within the LR -1A District; and WHEREAS, on March 15, 2021, 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 March 15, 2021, the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on April 12, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit 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 #LA21-000019. 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 LR-1AZoning District. 3. The Property contains 2.03 acres in area and has a defined lot width of 116 feet. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 8 5 4. The Property is in the Tier 1 Stormwater Quality Overlay District. 5. Applicant has applied for the following Conditional Use Permit: a. Farm Animals (Honeybees) 6. The Orono City Council requires certain standards for keeping of farm animals; these standards are met. 7. In considering this application for conditional use permit, 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. ANALYSIS: 1) Consistent with the community management plan; Farm Animals in the LR -1A zoning district is consistent with the Community Management Plan. This is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Farm Animals use is listed as a permitted conditional use in the l -R -1A district. This criteria is met. 3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; The property is served by City sewer and water. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; The use will not generate an excessive demand on public services. This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; Farm animals are a permitted accessory use in the neighboring rural districts. Properties meeting the sizing requirements are able to support farm animal use in the Lakeshore district. This criteria is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; no change of character is called for, the use is compatible with the surrounding area. This criterion is met 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The applicant is not proposing changes to the character of the site. Up to Honeybee hives are being proposed in the rear of the home meeting all setback requirements. This is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 9) 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 use is not expected to impair the use and or enjoyment of neighboring properties and should not negatively impact property values. This criterion is met. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; Staff does not anticipate the need for screening. This criterion is met. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the use shall comply with city and state codes, and shall not create a nuisance. This criterion is met. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; allowing honeybees on a residential property will not impact parking or traffic. This is met. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed hives will be located in the rear of the property meeting all setback requirements. No scenic or environmental impacts should be impacted. This is met. 14) All 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; No lighting is proposed. This is met. 15) Not detrimental to the public health, public safety, or general welfare. Allowing honeybees should not prove detrimental to public health, safety or welfare. This is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-303 to allow Farm Animals for Honeybees subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 3. The conditional use permit granted by this resolution runs with the Property not with the Applicants, but are permissive only and must be exercised by placing at least 1 hive within CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. l ' 8 5 one year of the date of Council approval, or the conditional use permit will expire on that date (April 12, 2022). 4. A maximum of 6 honeybee hives are permitted per Planning Commission recommendation. 5. Relocation of the hives may require City approval. Please confirm prior to relocation. 6. Additionally, the conditional use permit 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. 7. 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. ADOPTED by the Orono City Council on this 12th day of April, 2021. ATTES 1-1 Anna Carlson, City Clerk %t ` X10 �' c 4 CITY OF ORONO: W2��p Dennis Walsh, Mayor • Exhibit A Property Legal Description: Yt ai"'Part �of '6overnment Lot' 3, . Sedian 6, Township 117 North, Range 23 Neat :'k�i+tr:::6th Principal Meridian, described as follows: Beginning at a point d start -:1.6.58.25 feet 'West 'of the East line of the Northeast quarter of :.�.Se4jon 5, Township 1170 Range 23 and distant 1056.0 feet North of the South C.in 'of the Northeast quarter of said Section 5; thence East and parallel -'id -the South line of said Northeast quarter a distance of 235.73 feet; thence .. ::S©utit and parallel to the East line of said Northeast quarter a distance of 373.9 feet: thence West and parallel to the. South line of said th6ast quarter a distance of 117.07 feet, thence South and parallel with :.: the -East line of said Northeast quarter a distance of 2579.25 feet to the enter litre of County Road* thence Westerly along center line of said road a.distance of 117.,9 feet to a point distant 1658.25 feet West of the East lUe of said Northeast quarter; thence North and parallel to the East line .?-;-of .'said Northeast quarter a distance of 627.75 feet to the point of beginning.. :.' EXCEPT that part of the above described tract described as follows: The --South 180 feet of the North 373.9 feet of the East half of Lot 20; Auditor`s_ -Subdivision Number 203, Hennepin County, Minnesota. STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing Declaration of Restrictive Covenant adopted at the meeting of the Orono City Council on April 12, 2021 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 13th day of April, 2021. Anna Carlson, City Clerk (seal)