Loading...
HomeMy WebLinkAboutResolution 1167 3 � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1167 • - • • A RESULUTION DENYTNG A CONDITIONAL USE PERMIT FOR THE ROBERT MORTErdSONS FOR A GREENHOUSE AT 1205 ARBOR STREET WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Joanne and Robert Mortenson have applied for a conditional use permit to erect a commercial greenhouse on a residential lot at 1205 Arbor Street; and WHEREAS , the purpose of the Conditional Use Permit is setforth in Section 32. 410 of the Orono Zoning Code as follows: 32 . 410 Conditional Uses: Purpose In order to give the district use regulation the flexibility necessary to achieve the objectives of the Zoning Code, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person or firm. Because of their unusual characteristics , conditional uses require consideration so they may be located properly with respect to the objectives of the Zoning Code and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits. WHEREAS, the City Council has reviewed the application; the recommendations of staff and the Planning Commission; and comments by the applicants, �,,.� �.._ PAG E_�O F 3 � Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1167 • - • • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby denies said conditional use permit application based upon the following findings of fact: l. The property is located in the RR-1B rural residential use district, which district requires at least 2. 0 acres of land for each residential dwelling. This property consists of four separate tax parcels which, if combined would total 3. 7 acres. 2. The surrounding neighborhood consists of a historic cluster of residential dwellings located on lots of 1/3 to 1/2 acre each, which density is greater than that permitted in the Zoning Code and is greater than that proposed in the City' s Comprehensive Land Use Plan. - 3 . The purpose of the 2-acre minimum zoning requirements is to eliminate the need for sanitary sewer service and other extension of costly urban services into the rural area. 4 . The historic density of the Arbor Street neighborhood already has raised questions concerning the ultimate probability of ,having to extend sewer and/or other urban services into the area to alleviate problems associated with urban type density. 5. Addition of a commercial greenhouse operation on property already containing a dwelling would increase the effective use density of the neighborhood. 6. Commercial greenhouses are generally considered suitable � quasi-agricultural uses of land located in the rural area where sufficient open space provides ample room for expansion, storage, equipment, and separation from other strictly residential properties. 7. The existing residential use of this property is compatible with the residential character of the Arbar Street neighborhood. 8 . Creation of a new commercial use on this property would not be compatible with the residential character of the Arbor - Street neighborhood and would be adverse to the property values of nearby residential lots. 9. Access to this property is via Arbor Street, a narrow 18 ' wide residential access street not suitable for truck traffic or for excessive automobile traffic. PAG E�O F -3 • . - � Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1167 • ' • • 10. All other commercial greenhouses authorized by conditional use permits are located directly on classified collector or arterial streets providing suitable commercial vehicle access. 11. Promoting commercial traffic on Arbor Street, Lakeview Avenu or r4innetonka Avenue would be incompatible with the inplace residential design and capacity of those streets and would be adverse to the public safety of the other residents who must use those streets for walking and vehicular access to their homes. Adopted by the City Council of the City of Orono on the - 28th day of July , 1980. . ` � William B. Van Nest, blayor ATTEST: �� � /'�°, �- �'' �� Walter R enson, City Administrator �� PAG E -� O F-3