HomeMy WebLinkAboutResolution 7577 CUP Farm Animals 430 East Long Lake Rd 1111
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LAND TYPE Abstract (A)
DOC NUM 11385660
Certified, filed and/or recorded on
Jul 14, 2025 12:09 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 182 Pkg ID 2804919E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of th- recorded document.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on June 24, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal o c .
C isti • n, City Clerk
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-cLO T CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6`.•4 NO. 7577
jl'&ESHO
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PURSUANT TO
AND VARIANCES FROM
MUNICIPAL ZONING CODE SECTION 78-303
FILE NO. LA24-000066
WHEREAS, on December 3, 2024, on behalf of the owner, "Susan D Thomson Revocable
Trust", (hereinafter the "Owner"), Dean Thomson (hereinafter the "Applicant"), applied for a
conditional use permit and variances in accordance with the City Code for the property addressed
430 East Long Lake Road and legally described as:
That part of Government Lot 5, Section 35, Township 118 North, Range 23 West of the 5th
Principal Meridian described as follows:
Commencing at the Northeast corner of said Government Lot 5; thence South along the
East line of said Government Lot 5 a distance of 2223.3 feet; thence West and parallel with the
North line of said Government Lot 5 a distance of 1159.4 feet to the actual point of beginning of the
tract of land to be described; thence continuing West on the last described course to the West line
of said Government Lot 5; thence South along the said West line a distance of 170 feet; thence
East and parallel with said North line a distance of 192.61 feet to a point 1159.4 feet West of said
East line; thence North and parallel with said East line a distance of 170 feet to the point of
beginning.
Records of Hennepin County, Minnesota. (hereinafter the "Property"); and
WHEREAS, the Applicant applied to the City of Orono for a conditional use permit
pursuant to Orono Municipal Zoning Code Section 78-303 to allow pigeons (hereinafter"Farm
Animals") on the Property located within the LR-1A One Family Lakeshore Residential Zoning
District; and
WHEREAS, the Applicant made an application for variances from the conditional use
standards outlined within Orono Municipal Zoning Code Section 78-303 which require a
minimum of 2.0 acres to keep Farm Animals on the Property which is 0.7 acres in area; and
requires a minimum setback of 75 feet between the property line and any building housing Farm
Animals; and
WHEREAS, on February 18, 2025, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7577
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time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on February 18, 2025, the Planning Commission voted 7 to 0 in favor of a
motion to recommend approval of the conditional use permit and variances, contrary to staff's
recommendation; and
WHEREAS, on March 10, 2025, 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 a conditional use permit and variances to keep Farm Animals as described
above based on one or more of the following findings of fact concerning the Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1A (One-Family Lakeshore Residential) Zoning
District.
A3. The Property is 0.77 acres in area and is surrounded on two sides by the DNR-managed
forest Wood-Rill Scientific and Natural Area.
A4. The Applicant proposed to keep up to 30 pigeons on the Property, in an enclosed
building located 35 feet from the eastern property line and 55 feet from the southern
property line.
A5. The Applicant is proposing the pigeons will be kept in the enclosure, noting that the
proposed pigeons do not fly.
A6. In considering this application for a conditional use permit and variances, the Council
has considered the advice and recommendation of the Planning Commission and the
effect of the proposed conditional use permit and variances 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.
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O CITY OF ORONO
tRESOLUTION OF THE CITY COUNCIL
�, NO. 7577
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VARIANCE ANALYSIS:
Cl. Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance; the intent and purpose of the conditional use standards for
farm animals is to ensure adequate separation between the animals and adjacent
properties and residences and to ensure there is adequate grazing and pasture space
to support farm animal use. Further, within the Lakeshore Residential districts, these
conditions intend to prevent any potential animal impacts to the lakes in Orono. The
Property, although zoned LR-1A, is not a lakeshore lot and is adjacent to the Wood-Rill
Scientific & Natural Area, a large natural space. The proposal to keep pigeons is a
unique animal that does not require pasture space. The property abutting a preserve
the creates a large open space to buffer from abutting properties. The general purpose
and intent of the conditional use standards to allow for the keeping of animals is met;
and
C2. Variances shall only be permitted when the variances are consistent with the
comprehensive plan; the Plan allows for residential use and a single-family residence
on the Property. The variance from the conditional use standards for keeping farm
animals, which is accessory to the residential use, is consistent with the Plan; and
C3. Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used
in connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable
manner; the proposal for Farm Animals on a lot that is well screened from adjacent
properties in the area appears to be reasonable; and
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner; the 0.77 acre Property is unplatted. The Property's
substandard size is unique within the district, creating a difficulty not created by
the Owner, and
c. The variance, if granted, will not alter the essential character of the locality; allowing
pigeons on the nonconforming-sized lot is not anticipated to alter the character of
the area.
C4. Economic considerations alone do not constitute practical difficulties; economic
considerations were not found to be a factor in the variance approval determination; and
C5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
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icLO T CITY OF ORONO
°1011111IL RESOLUTION OF THE CITY COUNCIL
C,� NO. 7577
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defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code
Chapter 78; this condition is not applicable; and
C6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located; this condition is not applicable as farm animals are permitted as a conditional
use in LR-1A zoning district; and
C7. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling; this condition is not applicable; and
C8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property; the Property and its similarly-sized neighbors
to the north are in a peculiar location for substandard lots. Although each property is
below an acre in size, each property backs up to the significant undeveloped acreage
of Wood-Rill Scientific and Natural Area; and
C9. The conditions do not apply generally to other land or structures in the district in which the
land is located; the Property is surrounded on two of four sides by Wood-Rill Scientific
and Natural Area, land that can buffer and screen the potential impacts of the pigeons
and their enclosure, despite the substandard size of the Property; and
C10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant; pigeons have been found to be a minimally
impactful use for the Property and the granting of variances have been found to be
necessary for the preservation and enjoyment of the Owners'property rights; and
C11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter; the impacts of the
proposed Farm Animals use to allow for pigeons on the abundantly screened Property
are not anticipated to impact the health, safety, comfort or morals of neighbors or property
in the area; and
C12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty; the nonconforming size of the Property
is outside of the Applicant's control. Given the abundant natural resources adjacent to
the Property, approval of variances from the conditional use standards is necessary to
address a practical difficulty.
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gOt�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7577
lifts OSL
CONDITIONAL USE PERMIT ANALYSIS:
The City Council may approve a conditional use permit for the keeping of Farm Animals for
noncommercial purposes on the Property, provided that:
B1. Where the applicant requests a conditional use permit to keep farm animals other than
horses, there must be at least one acre for the dwelling and one acre for each animal
unit. Calculations of minimum acreage required shall not include any land defined as a
wetland or wetland buffer under Section 78-1602; this criterion is met with approval of a
variance for the Property size of 0.77 acres, as the property is located in a low-density
residential area surrounded by a undeveloped wooded preserve; and
B2. Any building or structure associated with the animals is located more than 150 feet
from the nearest adjacent residence and at least 75 feet from the nearest lot line; this
criterion is met with the approval of a variance for the proposed coop housing the Farm
Animals being proposed 35 feet from a lot line; and
B3. The use is operated in compliance with Chapter 62, Animals; this criterion is met with
the approval of variances for the two preceding conditional use standards.
Based on the application and the evidence submitted, the Council finds that the proposed use
at the proposed location is or will be:
B4. Consistent with the community management plan; the Plan allows for residential use
and there is a single-family residence on the Property. A conditional use permit to allow
for the keeping Farm Animals is accessory to the residential use and is consistent with
the Plan; and
B5. Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; this condition is met with the granting
of variances; and
B6. Adequately served by police, fire, roads, and stormwater management; the Property
meets this standard; and
B7. Provided with an adequate water supply and sewage disposal system; the Property
meets this standard; and
B8. Not expected to generate excessive demand for public services at public cost; this
proposal is not anticipated to impact public services; and
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�OtVO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7577
‘ ' SHOV-ti
B9. Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; the Property is located in an area with natural
resources and low-density residential development. The keeping of Farm Animals is
found to be compatible with the existing and future conditions of the area; and
B10. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; the character of the area leans on its
natural resources, its proximity to Long Lake, and the abundant trees and wildlife. To
the south and east of the Property is the undeveloped, Wood-Rill Scientific and Natural
Area. Keeping Farm Animals is consistent with the natural and rural character of this
area; and
B11. 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;
including the few nearby single-family residences, the surrounding area is rural in
nature. The keeping of Farm Animals in a small coop in a screened area of the
Property would be compatible with the site improvements in the area; and
B12. 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 proposed Farm Animals,
with significant vegetative screening on the Property and adjacent properties, does not
substantially impair the use and enjoyment of other properties in the area; and
B13. Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; the trees and woods of the surrounding
area enter near the edge of the Property and provide significant screening of the
proposed coop; and
B14. Not create a nuisance that generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; the use is not
anticipated to create a nuisance as articulated by the Owners. Should a nuisance
occur, the Conditional Use Permit approval can be revisited by the City Council; and
B15. Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; the proposed land use is not anticipated to impact traffic or parking in
the area; and
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OHO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
.-4 IO
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NO. 7577
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B16. Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; the proposed coop to house the Farm Animals will
be located in an area that is adequately screened by the natural environment; and
B17. 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; the proposal does not include
exterior lighting of any kind; and
B18. Not detrimental to the public health, public safety, or general welfare; the proposal does
not come at a detriment to the public health, safety, or welfare of residents and
landowners of the City of Orono.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following approvals:
• A variance from Orono Municipal Zoning Code Section 78-303 to keep Farm Animals,
pigeons, on a property of less than two (2) acres.
• A variance from Orono Municipal Zoning Code Section 78-303 to keep Farm Animals,
pigeons, in a building less than seventy-five (75) feet from the nearest lot line.
• A conditional use permit pursuant to Orono Municipal Zoning Code Section 78-303 to
keep Farm Animals on an LR-1A zoned property, subject to the following conditions:
D1. Council approval is based on the entire record and the above Findings.
D2. The maximum number of pigeons to be kept on the Property is twenty-five (25).
D3. The enclosure housing Pigeons shall conform to the site plan submitted by the
Applicant, attached to this Resolution as Exhibit A.
D4. Any amendments to the plans that are not in conformity with City codes may require
further Planning Commission and City Council review.
D5. Authorities granted by this resolution run with the Property not with the Owner, but are
permissive only and must be exercised by obtaining a Zoning Permit for the proposed
building for the Farm Animals. A Zoning Permit must be obtained within one year of
the date of Council approval, or the approvals granted herein will expire on that date
(March 10, 2026).
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, O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7577
j�kEsHos,
D6. The Applicant agrees to comply with all permitting requirements of all applicable
jurisdictions including but not limited to Hennepin County, MCWD, and LMCD. Copies
of all required permits must be provided to the City with the submittal materials for the
administrative Zoning Permit for the farm animal building.
D7. 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.
D8. The undersigned Owners agree to the conditions herein.
D9. 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 14th day of April, 2025.
ATTEST: CITY OF ORONO:
1
Christin si , ity Clerk Bob Tunheim, Mayor
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g0il.ArilIct: CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� NO. 7577
l�&EsHO°'
Susan D. Thomson Revocable Trust
i
By: r� .- �.—t l
. . , 1-4 71,4_,--1,-•--..
Dean Thomson, Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
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This foregoing instrument was acknowledged before me this . day of June, 2025, by
Dean Thomson, Trustee of Susan D. Thomson Revocable Trust., on behalf of the trust.
12 liz.,...%-CA,(7.9‹ �' . -n
Notary Public
�;: ::,:. BEVERLY J.PARSATOON
K Notary Public-Minnesota
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i.f ;:..�, my Commission EnnNN Jen.St 2028
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