HomeMy WebLinkAboutResolution 1248 �
a
� � Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1248
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A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR THE PLANTING OF A CROP AND DENYING THE RETAIL
SELLING OF THAT CROP ON THE PROPERTY LOCATED AT
3580 WAYZATA BOULEVARD
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to the 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, H. William Lurton, Robert Harvey, and Fred S.
Harvey have applied for a conditional use permit for the planting
• of an apple orchard and to sell the apples on the site from summer
to late fall ; and
WHEREAS, the purpose of the Conditional Use Permit is set
forth in Section 3Z.410 of the Orono Zoning Code , as follows :
3� . 41C Ccn.:itional lises : ?ur�ose Zn orcer �o give �.ze
cistrict use regula*ion the �iexibility r_ecessary to achieve
t:�:e objectives of tne Zor.i:�g Code , ia certai.^. cistric�s ,
concitional uses are �e�*�it}e�, subject *o *re �ranti^r, of
a �se per::�it. Conditic:�a1 uses include �hosz uses yererally
, noL sui�able in a Dar�icu�ar zonina Gis�ric` , but :ahicz mav
U:�C°� SO?.^.e �1rCL'.ilS�3I1C°S �e Sllltd�'`le . i;�'le:'1 S;iCf� ClY'Cll*'^.S�ar.ces
exis` , a c�:�;:itional use permit may �e granted. .�on-.:itions
Ta.� be applied to issuar.c� o� the per�it and a �e�iodic review
of the �er�:it :nay be required. ^he aer��t s::a11 be issued for
a �ar*_iculaY use azd not _`or a �a�ticsl�r �e�son or fir^�.
Beca•�se oi their unusual characteris�ics , condi`ionai uses
require cor.sideration so thev may be loca�ed properly with
re��ect to the objectives of the Zor.izg Code and with respect
to their erfects on surrounding properties . In order to
achieve these purposes, the City Council is empcwered to grant
and to deny applications for conditior.al use �ermits and to
impose reasonable conditions upon the gr_nti^y o� these permits .
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PAGE 1 OF 4
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` Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
•
NO. 1248
• - • •
WHEREAS, the City Council has reviewed the application;
the recommendations of staff and the Planning Commission; and
letters and comments made by the applicants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Orono hereby approves a land use permit for a crop
farm to allow the planting of an apple orchard on the property
located at 3580 Wayzata Boulevard based on the following findings
of fact:
1. The subject property consists of two parcels totaling
approximately 38 acres and legally described as follows:
a) Parcel 1, 32-118-23-21-0001
Com. 2 1 & 2 Chains S of NE cor of NW 1 & 4
th W 2 6 & 10 Chains th S 3 deg. E to RR.
R & W th SEly to E line of NW 1 & 4 th N to
beg. ex road.
� b) Parcel 2 , 32-118-23-12-0001
That part of NW 1 & 4 of NE 1 & 4 lying NEly
of RR. R & W ex. road.
2 . The property is located in the RR-1B rural residential
zoning district requiring a minimum of two acres for
each residential lot.
3 . There is a residence and three accessory farm structures
on the property. The primary use will remain residential.
4 . Minimum area required for planting of crop is 10 acres
per Section 34 .032 . The subject property totals 38 acres.
5. The subject property is surrounded by large semi-
agricultural properties and low density residential lots.
6 . Zoning Ordinance Section 30 .020 encourages the mixing
of agricultural and residential use when the size of
the property and the surrounding residential use are
not in conflict.
FURTHERMORE, BE IT RESOLVED that the City Council specifically
denies the commercial retail sale on the site of produce grown on
• property located at 3580 Wayzata Boulevard, or the commercial retail
sale of any proc}uce or other commodity brought onto the property
for sale to the public, based on the following findings of fact:
PAGE 2 OF 4
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� Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1248
• • • •
l. Council would consider any commercial activity at
this location to be detrimental to the public welfare
and safety, contrary to the intent of the Zoning Code
and contrary to the goals and purposes of the Comprehens-
ive Plan.
2 . The access area to this property is located on a long,
winding curb, on busy State Highway 12 causing sight
problems and dangerous traffic safety problems.
3 . Cars going east on Wayzata Boulevard at a speed of
55 mph would not have adequate time to react to vehicles
entering or leaving the property.
4 . The record of traffic acr.idents along that specific
section of wayzata goulavard has increased in the
period from May to October in 1979 from zero to six
• in 1980 .
5. Any retail or commercial activity on this property
would increase the volume of traffic entering and
leaving the property, would increase the potential
conflicts , and members of the general public would
not be as familiar with the inherent traffic hazards
of the access as would be occupants of a residence on
the site.
6 . The sales area would be located in an existing barn,
30 ' X 50 ' totaling 1, 500 sq. ft. considerably over
200 sq. ft. area allowed for temporary roadside stands
per Section 34 .047.
7. The size of the proposed sales area may encourage the
future , unpermitted expansion of the commercial activity
to a full commercial program.
8 . The Council is concerned that initiation of any commercial
use on this property would open the door to future
intensification of the commercial use and thereby be a
further detriment to the neighborhood and public welfare .
9 . Creation of a new commercial use on this property would
• be adverse to the property values of surrounding
residential properties.
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i
� Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
•
NO. 1248
• - • •
10 . Denial of the temporary roadside stand does not deny
reasonable use of the property since the lot is
currently occupied by a single family dwelling and
the proposed apple orchard use is consistent with the
purpose of single family residential district,
provisions of the Zoning Code , and the City ' s
Comprehensive Community Management Plan.
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held February 23 , 1981.
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J �
• :>d lliam B. Van Nest, Mayor
Attest:� � /%`-� ,�, �+j����,�
Alberta Strom, City Clerk
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