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,
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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.
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William B. Van Nest, blayor
ATTEST:
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Walter R enson, City Administrator
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PAG E -� O F-3