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HomeMy WebLinkAbout560 Project PacketCITY OF ORONO, MINtiESOTA Land Use App tio0-6 r �, OF REQUEST LOCATION OF PROPOSAL (or prup,.-rty) iaivision $150+$5/T.ot Address 1205 Arbor Street ✓ Conditional Use $50 Legal Descriptionlots. 1-8r- 1Q-28; block 2; Maxwell's addition to Crvstal B y APPLICANT Name Robert&Joanne Tel #545-2510 Rezoning $250 Mailing Mortenson Address J1 Florida Avenue No.CrystalL MN 27 Riprap $15 ($65) OWNFR Name __. - _ Tel # _ _. _ F'f:E 50, O� -:0- 710;L1_ Mailing Date Rec'd_S-"_:7jFAO Address BY Present Zoning R - 1� Present I;se --�- +- Zoning Ordinance Section Relating to Request Specify Ordinance Requirements Explain your request and reasons for same see attached VARIANCE required - extent of nonconformityP�r,,,, Lot ' _ Setback Fr sy Side Rear Width �Crt.her,_o��S�ain Specify hardships to ,pe6pe SUBDIVISION application Resid`ntial �Qt�er, explain — -� No. of Lots CONDITIONAL USE AND CMiER - explain props.-sed use of pr-)perty in ietail ____ �S'*. a 4,`f`r d a;1 MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeti-.g) 1. Applicat.ion completeu 2. ;I Plat map section 3. Certificate of survey of property sketch location and setbacks of proposal. 4. Construction plans, if applicable 5. Certified Property Owner's list of owners within (300') (144l) - from Hennepin Co. Dept. of Finance A-603 Government Center 6. Stamped, legal sized envelopes (#10) pre --addressed to each of the names on the above list. ,,. •• Joy DAr"E_ w Applicant's Signature !�� 1�d DATEOwner's Signature Applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Plar.:) ing Cc�mmissir,n end Council necessary to process this application and turtheT 1grees to pay all fees as established by ordinance. 5/78 ir Z; I 1_ I IF&M As as MAXWELUS ADD. ;.c . C. —4 UMIAK Z BRI AR --AVE-. ST. 3 T. 0; WAn c 3 R) STA .1 V ARBOR ST ARBOR ST, %& fill 0 sz. 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'HC 1233 PROPERTY OWNERS LIST DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 LIST SIZE_: ' ' I CERTIFY THAT THE FACTS PEPRESENTED ON THIS CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY FINANCE DIVISION, TO THE BEST OF MY KNOWLEDGE AND BELIEF HFNNEPIN CO FINANCE DIVISION L�" Z DATE � e Y F EE OWNr, R TAX PAYER / T PROPERTY ADDRESS ID MAILING ADDRESS �. 5 ...t�•si✓ t ET 'cQw/N 0'4 E F G I A E J rl A Art r.T'E)v � ° ': N � w�a rLo,rP v-Ls2�'t iEu/� _._-5'•�i»E _ _ _ c+s' ' el-K I [ ` 1', Lam/ l�' s /ail,' E c _ 0-S r. ev Z • I 6 it ( , a ` a —0—At I % of A/ Ar, 4e 'A v 2 3 Ali - . I 4e) -.3 P,p A e:"-tl HC 123,- PROPERTY OWNERS LIST DEPARTMENT OF FINANCE I CERTIFY THAT THE FACTS REPRESENTED ON THIS A-603 GOVERNMENT CENTER CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION OF INFORMATION AS IT APPEARS THIS MINNEAPOLIS, MN 55487 DATE ON THE RECORDS OF THE HENNEPIN COUNTY FINANCE DIVISION, TO THE BEST OF 04Y KNOWLEDGE AND BELIEF HENNEPIN CO FINANCE E, ION LIST SIZt t DATE r = By FEE OWNER TAX PAYER/ PROPERTY ADDRESS MAILING ADDRESS kw1?lc1v ".1erl.Al 'C/Y6 ................ . .. . ... An&ZIL t All oy 2,1 �o We have raised orchid plants for several years and offer them for s«?- by appointment at our current residence. We have a small greenhouse at that location. We have not rec-lved any complaints from our current neighbors concerning; this activity however our space is very limited. We have a contingent purchase agreement for the subject property. We would like to construct a growing facility as described in the attachments. We would continue our sales By appointment policy which will include several "open, houses" each year. Off street parking, is available at the site. We would also initiate a mail order sales program which is the principal motivation for our expansion. We do not anticipate generating any noticable increase in vehicle traffic in the area. Truck deliveries would be very infrequent. We have chosen the structure type presented bec •_jse of its energy efficiency and-trength. It is a low profile structure having a height of only 131 feet. We would use poly film skin because of its energy efficiency. Side wall construction would be a combination of wood framing and poly or styrene skin. We do not plan to use any high intensity lighting or continuous lighting. We would add a wood frame constructi n service room on the north side in the future. We beleive that this special use is compatible with a residential area based on our own experience and observation of similar operations throughout the United States. We respectfully request that you grant a special use permit for this purpose. 1 17 TO: Thomas Jacobs, Esq. �' I FROM: Jeanne Mabusth, Zoning Administrator DATE: May 30, 1980 SUBJECT: Review greenhouse plans for conditional use permit application (#560) for Robert & Joanne Mortenson 1205 Arbor Street Please briefly review the enclosed information and plans for greenhouse. The Conditional Use Permit application is scheduled for a Work Session on June 9, 1980 and as an action item on June 23, 1980. y 6 TO: Planning Commission and Council FROM: Jeanne Mabusth, Zoning Administrator DATE: June 5, 1980 SUBJECT: #560 Robert & Joanne Mortenson, 1205 Arbor Street Conditional Use Permit WORK SESSION Zoning District: RR-1B AREA: approximately 3.7 acres APPLICABLE ORDINA17CE: 34.625 The applicant proposes construction of a 48' X 52.5' greenhouse, 13�' in height, that meets all the setbacks of the zoning disc: _t. There is approximately a 100' setback between the proposed greenhouse and existing house. There is adequate area for additional off-street parking on the site. The ap,;licants have stated there will be no need for any extensive c-:terior lighting - only one outside light. The building inspector has reviewed the plans and type of greenhouse proposed and he finds no problem. Jacobs does request the information on "testing" referred tc in the engineer's memo when the applicant submits plans for a building permit. As for screening, there is a natural screening of trees along the rear and side of the greenhouse. The slope of the lot along the street side provides another natural barrier. The on -site manager will report on the location of the drainfield and the proposed location of the greenhouse for the June 23, 1980 meeting. STAFF UPDATE - JUNE 16, 1980 I have reviewed the wetlands maps and find there are no designated wetlands within the subject property. Questions to be answe_-ed in consideration of the Mortene,,n application are as follows: 1. Does this use appear compatible with pattern of neighborhood development 2. Does P. C. feel the access read is adequate for this kind of operation? 3. What specific limitations would an operation of this kind require? a) limitation of one physical plant b) limitation on "traffic generating" activities 4. Would there be a dimunition in neighbor's property values? S. Would proposed operation be detrimental to the 1)ublic health, safety and welfare? Jame 9, 1980 City of Orono: I am the ct=ent cWVI of the property at 1205 Arbor Street. I have accepted a py.irchase agreement for that property from Robert and Joanne Mortenson. Mr. and Mr;.. Mortenson are applying for a Conditional 'Jse Permit for this pr _)peck with m,v consent. . o Erwin D . Smith MINUTES OF A PLANNING COMMISSION MEETING PELD ON JUNE 9, 1980 - PAGE 6 Mr. Cloutier contends that the guest apartment was part of the original plans with the building permit and that the building inspector at that time worked closely with him on the project. Mabusth noted for the record that the original building permit was written for only a boathouse 20' X .30' for construction valuation of $500.00. She added even in 1971 a CUP would have been required for the guest apartment. Cloutier stated that. power was connected through the main house. Sewer and water lines have been placed underground between the main house and the boathouse but not connected. Jabbour questioned if the Planning Commission had the right to approve the intensification of a non- conforming use. In effect, we would be granting a variance and this is not legal. Cloutier contends he is just finishing the original project begun in 1971. Wilson noted that repairs to the structure would be in keeping with the ordinance's requirements but the additional uses such as screened porch and complete remodeling of quest apartment is another issue. The staff was asked to report on the following before the June 23, 1980 meeting: 1. Check on legality of hookup of utilities to main house. 2. SAC for guest apartment. 3. Subject lots combined and how they were assessed. 4. Building inspector to determine new construction on second story. CORTLEN CLOUTIER 2480 Casco Point Road CONDITIONAL USE. PERMIT VARIANCE (#555) Cont. Mr. and Mrs. Mortenson were present. The Mortensons ROBERT MORTENSON reviewed their plans for the greenhouse operation 1205 Arbor Street and noted they would grow only rare orchids. The CONDITIONAL USE PERMIT. site would provide adequate parking area for this Work Session level of operation. Mabusth asked that before the (#560) action meeting the Planning Commission review the site and the neighborhood in relation to the proposed commercial operation. Mr. Mortenson submitted a petition signed by their neighbors in Crystal commenting on their existing operation (see Page 6A). The Chairman advised that the Planning Commission will act on this application at their next scheduled meeting. Jabbour moves: to approve the Minutes as submitted. APPROVAL OF MINUTES Motion seconders by Hannah. Vote: Ayes (5), May 19, 1980 Nays (0). Motion passed unanimously. Meetinq adjourned ADJOURNMENT 9:45 P.M. MINUTES OF A PLANNING COMMISSION MEETING HELD ON ,JUNE 9, 1980 - PAGE 6A We are neighbors of the Mortenson's. 'hey have been selling orchid plants from their home for the past two years. l,Je do not feel that this activity has created any signifigent increase in traffic or created a nuisance in any manner. CITI of UIZONO Post Office Rex 66*Crys-ki Ray. MinneunLrw 5F02-1*Municipal Offices Telephone 47$ 7:31:�7 Robert Mortenson 3139 Florida Avenue North Crystal, Minnesota 55427 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting `,Lune 9, 12&0-__. _- Votes: _ _ 5 For — 0 _ Against Control No. 560 Variance xx_ Conditional Use Permit Subdivision, Preliminary tte of Notice __.jt,nP 1 n i oan Re: 1205 Arbor Street Planning Commission recommends the following: Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study X No action required NOTES AND SPECIAL CONDITIONS CIApplicant's next scheduled meeting is confirmed as: Planning Commission _ - -June 23,-1980 Counc i 1 — , D Applicant's next. scheduled meeting is dependent upon receipt of additional information. Deadline for the meeting is or for the meeting. I ; In 11 cases, the application must be continued with the submittal of reques,ed information within _ ^— or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contract the Zoning Administrator. If you desire certified copies of the official Planning Commission M14.,ites , they are available from the Building and Zoning Secretary upon review and approval by the Planning Commission. BA/AR 57. <-— - / S0, TIp eov r o t 2.7 _T TnX!Srowt t k r^w / D Au r.. — 1 SO ---� c —12S, a - F-- f 1 t I ' GRtE�Ma• ct Jm/►1[p�wfE GGe7_r4"r,awl 1 I AR�oR ST E v Y OFF jrREZT FA«LuAuc, - —P2op !b Ab2S %'NFf Mown Ri ve Nu IOPDIV6 Mc&) TO: Jeanne Mabusth, Zoning Administrator FROM: Michael Gaffron, On -Site Systems Manage 5 DATE: June 18, 1980 SUBJECT: #560 Rorert MortenLon, 1205 Arbor Street Conditional Use Permit - Septic System Report This site and the existing septic system have been reviewed. The existing system while not meeting current standards, appears to be functioning correctly and needs no changes at this point. T')e proposed greenhouse and parking area will not restrict present or future drainfield, therefore I see no reason to deny the application based on the septic system. See attached sketch. �Y!ST,wc T. PROF ; r— of 7 i Pk�� I D �=ju 1 oh R'Q U1 vi+��►Y ��� S�cEE - Parw�w MINUTES Oe A PLANNING COMMISSION MEETING HELD ON JUNE 23, 1980 - PAGE 4 5. Before final approval, the following must be submitted for On -Site Manager's review: a) Site plan for Lot 2 designating location of house, driveway, well, primary drainfield, secondary drainfield, and other proposed improvements. b) Test information for alternate drainfield site for existing house on Lot 1. c) Applicant to designate and preserve secondary drainfield site if need for mouey system arises. d) Applicant enter into an agreement with the City to affirm the above items (a-c). Motion seconded by Hannah. Vote: Ayes (7) ays (0). Motion passed unanimously. Mabusth informed the applicant that the City Engineer had measured the culvert for the Moore divis4on as 48". The required culvert for Hawkinson's plat would also be 48". There will be two separate culverts for the Hawkinson and Moore divisions. Mr. and Mrs. Mortenson were present. No public comments were heard. It was noted that no wetlands are involved in this application. The main issue was the suitability of a semi -commercial operation in a residential neighborhood. Adams questioned the need for a more detailed site plan. Mabusth stated at this point the issue was if this use is compatible before the applicant invests more money into detai-ed plane. General concensus was in favor of the use a `hough there was concern over traffic and the number of driveways. nah moved to recommend approval of the conditional permit based on the following : .. The property (3.7 acres) seems sufficient for the operation. (By current zoning standards, the property cannot be divided.) 2. The operation is primarily hobby with some profits attached. 3. No unfavorable responses from neighbors. 4. The conditional use permit covers the current application, as well as the proposed addition, although proposed addition shall not exceed 50% or 2,520 s.f. total operation. I RICHARD HAWKINSON 4625 West Branch Rd. SUBDIVISION (Cont.) (#556) ROBERT MORTENSOP• 1205 Arbor Street CONDITIONAL USE PERMIT (#560) MINUTES OF A PLANNING COMMISSION MEETING HELD ON ,TUNE 23, 1980 - PAGE 5 5. The conditional use permit shall expire upon sale of the property. 6. All four lots must be combined. Motion seconded by Hammerel. '?ote: Ayes (4), Nays (3). Motion passed. Frahm was opposed (especially with the proposed future addition) as he felt it was inconsistent with the neighborhood - commercial/residential. He also had concerns regarding increasing traffic on Arbor Street. Wilson felt the proposed use was alright and was in general agreement with the motion, but he was opposed to approving any future addition at this time. fie would prefer to review the addition at a later date when the City has had the opportunity to observe the operation. He also favored a restriction on the permit be that traffic generated by the operation be no more than that generated by a normal residence. Adams was generally in favor of the concept, but was concerned that the investment would become substantial enough in the hobby to necessitate a more commercial operation. He cautioned the Planning Commission of 'creeping commercialism". Mr. Hagen was present. Mabusth stated the Public Works Coordinator had probleii-i with the location of the garage - nearness to the right-of-way. It was noted that this was the only feasible location and consistent with the neighborhood. It was noted that more turnaround area could be maintained if the garage was moved 5' closer to the deck. Adams moved to table the application to give the applicant and staff time to determine the exact location of the garage and the variance needed. Motion seconded by Hannah. Vote: Ayes (7), Nays (0). Motion passed unanimously. ROBERT MORTENSON 1205 Arbor Street CONDITIONAL USE PERMIT (1 560) (Cont.) RUSSELL HAGEN 1905 Fagerness Pt VARIANCE (#564) Rd. TO: Council FROM: Jeanne Mabusth, Zoning Administrator DATE: June 25, 1980 SUBJECT: #560 Robert 6 Joanne Mortenson, 1205 Arbor Street CONDITIONAL USE. PERMIT Zoning District RR-lB Area approximately 3.7 acres Applicable Ordinance - 34.025 The applicant proposes construction of a 48' X 52.5' greenhouse, 13�' in height, that meets all the setbacks of the zoning district. There is approximately a 100' setback between the proposed greenhouse and existing house. In the future, the Morte,,sons want to construct a service area on the north side of the greenhouse approximately 20' X 48' (head house on site plan). There is adequate area for additional off-street parking on the site. The applicants have stated there will be no need for any extensive exterior lighting - only one outside light. The building inspector has reviewed the plans and type of greenhouse proposed and he finds no problem. Jacobs does request the information on ",esting" referred to in the engineer's memo when the applicant submits plans for a building permit. As for screening, there is a natural screening of trees along th.: rear and side of the greenhouse. The slope of hE lot along the street side provides another natural Karr..-. Access would be off Arbor Street in a densely populated neighborhood of lots 1/3 to 1/2 acre in size. Neighbors did not attend the action meeting. Staff h.G not received telephone or written comments opposing the greenhouse - not even a request for information on the item. The On -Site Managet reports there is no conflict with proposed location of greenhouse with existing_ drainfield area or a future alternate drainfield site on the property. Mrs. Mortenson has conducted her orchid greenhouse operation on a 1/3 acre lot in Crystal for severel years. In review of the Planning Commission Minutes of June 9, 1980, note the written comments submitted by the applicant's neighbors. The Planning Commission weighed the question of a commercial opera*ion being introduced into a densely populated neighborhood such as Crystal Bay. In the absence of any comments or concerns of the neighbors, the Commission determined that a limited commercial("hobby-like") use was compatible with neighborhood. The 3.7 acre lot could not be subdivided and the 1.7 acre additional acreage could support a limited, controlled commercial operation us a greenhouse. The traffic generated would be no more than that generated by residential use. June 25, 1980 Robert Mortenson 1205 Arbor Street Page 2 The Planning Commission's vote was 4 in favor and 3 opposed. Review the recommendation and the minority opinion. Adams and Wilson both express concern with the control over the commercial use not the issue of the compatibility of use. The Zoning Administrator agrees the key issue in the application is the establishment of standards to limit the commercial operation not to encourage a 50% expansion. The "expanded hobby use" must be limited to one physical plant (48' X 52.5' greenhouse - 20' X 48' head house). Staff has combined the majority opinion's findings and conditions with 'Che following recommendation: BasLd on the following findings, we recommend approval of a conditional use permit for limited commercial -greenhouse operation at 1205 Arbor Strc .-�t : 1. Sufficient area of 3.- acres property cannot be subdivided 2. No objections from ne..ghbors 3. Expanded hobby use - not full time employment - compatible use in residential neighborhood. 4. Operation will not generate excessive traffic into s residential neighborhood. 5. No additional burden on existing septic system with addition of greenhouse use. ar,u s1 :eject to thf following conditions: 1. Applicant to submit a site plan designatinu the following physical improvements: a) location, setbacks and size of physical plant (greenhouse 48' X 52.5' - 20' X 48' head house) b) only one curb cut to be allowed for expanded hobby use (two exist serving serving residence and barn area). c) driveways and off-street parking area (3 Barking spaces). 2. Combine four separate tax parcels. 3. All improvements involving greenhouse operation limited to the above referenced site plan. 4. C.U.P. granted to the Moitensons only. Please review the Planninq Commission Minutes of. June 9, 1980 and June 23, 1980. of ORO Post Office Bo: 66 • Crystal Bay, Minnesota 55323 • Municipal Offices Telephone 473-T 57 Mr. and Mrs. Robert Mortenson 3139 Florida Avenue North Crystal, Minnesota 55427 Control No. 560 Variance _ Conditional Use Permit Subdivision, Preliminary Date of Notice - 6 I NOTICE OF PLANNING COMMISSION ACTION RE: 1205 Arbor Street Date of Meeting 6-23-80 Votes: 4 For 3 Against Planning Comm_ .ion recommends the following: Approval: As submitted X Approval: Subject to conditions noted at the meeting Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS LnApplicant's next scheduled meeting is confirmed as: Planning Commission Council June 30, 1980— U Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the meeting is -- _% or for the _ meeting. In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obt-ining additional information, please contact the Zoning Administrator. If you desire certified copies of the official ,lanning ''ominission Minutes they are available from the Builo._ng and Zoning Secretary upon review and approval by the Planninj Commission. 'ii�)L*NE 30, 1980 The planning cuimni!.::ion the follc- ing st.aff recommendations fcr preliminary ai:pl oval of the F. T. Mertz plat: 1, nd�•IT,c'nt of park fee for Lot 1 of $200 2. All new st--ptie installation to conform with On - Site Septic Syst(_�ms manager's report and l ccuiwiondii•d septic e3esign of consultant. 3. Curb cut on Fox Str !et for Lot 1's drivcway suhject to Public works Coordinator's ruvi(aw. Council Moeting - June 30, 1980 mayor Van best moved, llurr seconded, to approve the preliminary sub.3ivision request of E. T. Mertz, 1820 Fox Street, p,tr the Planning Co.nrnission rvcom- mendations and that the guest house riot be rented. Motion, Ayes (3) - Nays (0). Councilmu tuber Butler tQmpo•-arily absent. Jeanne Mabusth, Zoning Administrator, entered into the record the request for a conditional use permit of Robert & Joanne Morten:son, 1205 Arbor Street, dated June 25, 1980, which scat.es: Zoning District KR-1B Area approximately 3.7 acres Applicable Ordinance - 34.025 The applicant proposes (­)nstruction of a 48' X 52.5' greenhouse, 13-1/2' ir) height, "hat meets all ;:he setbacks of the zoning district. There is approxim:itf-�ly a 100' setba k between the proposed gre(-rehouse and existing house. In the future, the Morten Sons want to construct a service area on the north side of the green- house approximately 20' X 48' (head house on site plan). There is adequate area for additional off-street parking on the site. the applicants have stated there will be no need for any e;fensive exterior lighting - only one outside light. The Building Inspector „as reviewed the plans and type ',F ,yrr ­r1­0 , t.)roposed ind he finds no problem. Mr. .7acobs does uest the information on "testing" referred to iu the engineer's memo when the applicant submits plans for a building permit. As for screening, there is a natural screening of trees along the rear and side of the greenhouse. The slope of the lot along the street side provides another natural harrier. Page 19 St'hhl V 1 S 10N 1820 Fox Strc'e: (Coat.ir,u­ d) CONDITIONAL USE PERMIT 056- 0 or Stree #560 o (,rt Mortenson (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30, 1980 Page 20 Access would be off Arbor Street in a densely populated CONDITIONAL USE neighborhood of lots 1/3 to 1/2 acre in size. oERMIT Neighbors did not attend the action meeting. Staff 1205 Arbor Street has not received telephone or written comments opposing (Continued) the greenhouse - not even a request for information on the item. The On -Site Septic Systems Manager reports there is no conflict with proposed location of greenhouse with existing drainfield area or a future alternate drain - field site on the property. Mrs. Mortenson has conducted her orchid greenhouse operation on a 1/3 acre lot in Crystai for several years. In review of the Planning Commission minutes of Jgne 9, 1980, note the written, comments submitted by the applicant's neighbors. The Planning Commission weighed the question of a commercial operation being introduced into a densely populated neighborhood such as Crystal Bay. In the absence of any comments or concerns of :he neighbors, the Commission determined that a limited commercial (hobby - like) use was compatible with neighborhood. The 3.7 acre lot could not be subdivided and the 1.7 acre additional acreage could support a limited, controlled commercial operation as a greenhouse. The traffic generated would be no more than that generated by residential use. The Planning Commission's vote was 4 in favor and 3 opposed. Review the recommendation and the minority opinion. Adams and Wilson both expressed concern with the control over the commercial. use not the issue of the compatibility of use. The Zoning Administrator agrees the key issue in the application is the establishment of standards t limit the commercial operation not to encourage a 50% expansion. The "expanded hobby use" must be limited to one physical plant (48' X 52.5' greenhouse - 20' " 48' head house). Staff has combined the majority opinion's findings and conditions with the following recommenda'_ion: Based on the following findings, we recommend approval of a conditional use pe mit for limited commercial -greenhouse operation at 1205 Arbor Street: 1. Sufficient area of 3.7 gyres property cannot be sub- divided 2. No objections from neighbors. 3. Expanded hobby use - not full-time employment - compatible use in residential neighborhood. 4. Operation will not generate excessive traffic into a residential neighborhood. 5. No additional burden on existing septic system with addition of greenhouse use. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30, 1980 Page 21 Subject to the following conditions: CONDITIONAL USE PERMIT 1. Applicant to submit a site pl designating the 1205 A-- ,r Street following physical improvemr- (Conti .i) a) location, setbacks and si4_. physical plant (greenhouse 48' X 52.5' - 2U• X 48' head house) b) only one curb cut to be allowed for expanded hobby use (two exist serving residence and barn area). c) driveways and off-street parkins area (three parking spaces). 2. Combine four separate tax parcels. 3. All improvements involving greenhouse operation limited to the above referenced site plan. 4. Conditional use permit granted to the Mortensons only. Council Meeting - June 30, 1980 Discussion included the amount of sales, traffic problems, and future use of the property. Paurus moved, Hurr seconded, to table the request of Robert 6 Joanne Mortenson, 1205 Arbor Street, for a conditional use permit and request staff to address the adverse effects of this application concerning the potential traffic problem in a densely populated area in excess of zoning require- ments. Motion, Ayes (4) - Nays (0). Jeanne Mabusth, Zoning Administrator, entered into VARIANCE the record the regi,est of Mark Fuller, 4055 Elm 4055 Elm Street' Street, for a variance, dated June 26, 1980, $562 wl ch states: Mark Fuller Tat Nark Fuller variance application is a renewal of a lot area and lot width variance approved in the summer of 1978. The drainage ditch running along Elm Street in front of the property was reviewed and the applicant was again advised that the Public Works Coordinator must determine size of culvert for driveway to proposed house. At their June 9, 1980 Planning Commission meeti, the Planning Commission approved the lot width area variance for Mark Fuller based on the harp that there is no adjacent land availetble and s, ct to the following conditions: (Continued) It City Council City of Orono reo Conditional Use Permit July ;, 1980 Dear Council Members, At your meeting of June '30, 1980, you tabled the request for a special use permit for the property at 1205 Arbor Street until further information could be gathered for your decision. We felt it would be appropriate to address some of the concerns raised by the council at that meeting. Questions have been raised about the size of the greenhouse being proposed. We have proposed a 52.5 ft.. x 48 ft. greenhouse and a future addition to its north side for a garage, storage and non growing activities. The greenhouse itself would be divided into three separate growing areas, each with different climatic conditions. We are concerned that there may be some confusion about the size and the implication which size may have or. traffic. We currently have approximately 600 square feet of growing area. The arrangement is very crowded and layered four tiers in some areas. One of the reasons fc,r a larger facility is to avoid having plants over other plants. Good light and air circulation are very important and our current conditions have passed a critical point. :he proposed area would provide approximately 4 times as much growing area as we now have. During the first six months of this year we have had 98 ;gales in 182 days or approximately one sale every other day. if .tour times as much growing area translated into four times as mane sales, that would still only produce two sales per day. We would also; like to clarify our method of doing husinessi By Appointments We have come to the conclusiun that having regular tusiness hours would be a waste of our time. We do intend to have 2 to 4 open houses each year to accomodate those who chose not to make an appointment. We would ha.e no objection to the council stipulating such a method as a condition of granting the special use hermit. Wholesale vs. retail: We have sold to several retail establishments on a wholesale basis. Orchids have generally proven to be an unsatisfactory product for these vendors. We do not beleive that a wholesale business is viable and in any event we do not beleive it would change the traffic density of our proposed use. Products Orchids are our primary interest. The only other type of plants which we have carried for sale are bromiliads, some tropical ferns and 3 few other exotic plants which are compatitle with orchids. We have not sold more than. 50 of these combined genera in over 7 ,years. We beleive that this business is compatible with a residential neighborhood. �'-;reasonable traffic levels are unlikely. We intend to provide off street parking and comply with screening ordinances. We would intend to provide natural screening where practical. We recognize a responsibility to maintain the quality of the neighborhood. We would also like to point out that this location is only 1 block from County Road 146 using Lakeview Avenue, which is the most convenient access to the property. (— pope •t that we w#bea- We n gn cant appreciate your concern over the acg investment in the pursuit of this endeavor.. We would like to point out that the greenhouse proposed is a modular structure and can be dismantled. It ic: not our intent to create a saleable commercial venture and we would not object to a conditional use permit which expires when the property is sold. We have no objections to any of the conditions contained in the planning commission resolution. We respectfully request that you act favorably on our request for this conditional use permit. C -- . REGULAR MEETING OF THE ORONO COUNCIL, JULY 14, 1980 P,. ge 5 Arlene Hoppe, 1295 Arbor Street, asked why Crystal Bay does not have a designated park. Mayor Van Nest commented that the Minnetonka Art Center is a designated park site for the Crystal Bay neighborhood. Mrs. Hoppe was asked if she would like to attend a Park Commission meeting to discuss her concerns with them. Mayor Van Nest moved, Hurr seconded, to table the rc:guest for a subdivision of Hussman Investment per the applicant's request. Motion, Ayes (4) - Nays (0). Butler moved, Hurr seconded, to adopt Resolution #1161, A Resolution Regarding The Number Of Slips Licensed At Gayles Marina In 1980. Motion, Aycs (5) - Nays (0). Butler moved, Hannah seconded, to adopt Resolution #1162, A Resolution Approving I,%-)t Area, Lot Width And Setback Variances For Steven Curren, 110 Orono Orchard Road. Motion, Ayes (5) - Nays (0). Mayor Van Nest rnoved, Hurr seconded, to table the request for a subdivision for Richard Hawkinson, 4625 West Branch Road, per the applicant's request. Motion, Ayes (5) - Nays (0). PUBLIC COMMENTS Crystal Bay Park SUBDIVISION Hussman Investment #477 RESOLUTION #1161* Gayles Marina RESOLUTION #1162 110 Orono Orchard Rd. #533 Steven Curren SUBDIVISION 4625 W. Branch Road #556 Richard Hawkinson Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1163 #1163, A Resolution Approving A fide Yard Variance 3215 Crystal Bay Ro For Steven Haverberg For A Screened Porch Constructed #566 Without A Building Permit And The Required Zoning Steven Haverberg Review, at 3215 Crystal Bay Road. Motion, Ayes (5) - Nays (0) . Jeanne Mabusth, Zoning Administrator, reviewed the letter from Mr. 6 Mrs. Mortenson concerning a conditional use permit for 1205 Arbor Street, dated July 7, 1980, which states: C -- "At your meeting of June 30, 1980, -ou tabled the request for a special use permit the property at 1205 Arbor Street until furthe. )rmation could be gathered for your decision. "We felt it would be appropriate to address some of the concerns raised by the Council at that meeting. CONDITIONAL USE PE 1205 Arbor Street #560 Robert Mortenson (Continued) REGULAR MEETING OF THE ORONO COUNCIL,, JULY 14, 1980 Page 6 "Questions have been raised about the size of the CONDITIONAL USE PERM: greenhouse being proposed. We have proposed a 52.5 ft. by 48 ft. greenhouse and a future addition to its north side for a garage, storage and non -growing activities. The greenhouse itself would be divided into three separate growing areas, each with different climatic conditions. We are concerned that there may be some confusion about the size and the implication which size may have on traffic. We currently have approximately 600 square feet of growing area. The arrangement is very crowded and layered four tiers in some areas. One of the reasons for a larger facility is to avoid having plants over plants. Good light and air circulation are Vur\ important and our current conditions have passed a u_itical point. The proposed area would provide approximately four times as much growing area as we now have. During the first six months of this year, we have had 98 sales in 182 days or approximately one sale every other day. If four times as much growing area translated into four times as many sales, that would still only produce two sales per day. "We would also like to clarify our method of doing business: By appointment: We have come to the conclusion that having regular business hours would be a waste of our time. We do intend to have two to four open houses each year to accommodate those who choose not to make an anpointment. We would have no objection to the Council stipulating such a method as a condition of granting the special use permit. Wholesale vs. retail: We 1, sold to several retail establishments on a wholesai, basis. Orchids have generally proven to be an unsatisfactory product for these vAndors. We do not believe that a whole sale business is viable and, in any event, we do not believe it would changQ the traffic density of our proposed use. Product: Orchids are our primary interest. The only other type of plants which we have carried for sale are bromiliads, some tropical ferns and a few other exotic plants which are compatible with orchids. We have not sold more than 50 of these combined gernea in over two years. "We believe that this business is compatible with a residential neighborhood. Unreasonable traffic levels are unlikely. We intend to provide off-street parking and comply with screening ordinances. We would intend to provide natural screening where practical. We . recognize a responsibility to maintain the quality of the neighborhood. We would also like to point out that 1205 Arbor Street (Continued) this location is only one block from County Road 146 using Lakeview Avenue, which is the most convenient access to the property. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JULY 14, 1980 Page 7 "We appreciate your concern over the fact that we CONDITIONAL USE will be making a significant investment in the pursuit PERMIT of this endeavor. We would like to point out that the 1205 Arbor Street greenhouse proposed is a modular structure and can (Continued) be dismantled. It is not our i ent to create a saleable commercial venture anc., 4e would not object to a conditional use premit which expires when the property is sold. We have no objections to any of the conditions contained in the Planning Commission resolution. "We respectfully request that yf)u act favorably on our request for this conditional use permit." End of letter. Council Meeting - July 14, 1980 Mayor Van Nest: The City's concerns are r"ny when considering the development of commercial uses in a residential area. The streets in this area will not accommodate futur^ commercial uses and the Ie-,-)osr structure will have an adverse effect on property values. This is not compatible with the existing neighborhood. Mr. Mortenson: We will abide with r•strictions the City might impose. Mayor Van Nest moved, Butler seconded, to give conceptual approval of a resolution denying conditional use permit as amended outlining the City's concerns with generation of commercial traffic in a residential area, inadequate streets and parking, diminution of property values affected by commercial uses in a residential area, general public safety concerns. Resolution to be submitted for Council approval at their July 28, 1980 Council meeting. Motion, Ayes (5) - Nays (0) . Michael Gaffron, On -Site Systems Manager, prepared WEST LAKE STREET a memo on the West Lake Street/Bayside Road Septic BAYSIDE ROAD SEPTIC System Conditions, dated June 6, 1980, which states: PROBLEMS The attached map indicates the conditions of existing septic systems in the West Lake Street AreF.. Nineteen parcels have existing residences, of these 19: - 3 have made major repairs to their systems in the last two years - 1 is a cabin with no septic system or plumbing (Continued) CITY of ORONO Post Office Box 66.Crystal Bay, Minnesota 55:12:30Municipal Offices Tel, phone 473-7357 TO: Robert & Joanne Mortenson 3: ^lorida Avenue North Crys L., Minnest- 55427 Copies to: Control No. 560 Meeting Date 7-14-80 Notice Date 7-15-80 Variance _x_ Conditional Use Permit Subdivision, Preliminary _ Subdivision, Final COUNCIL ACTION Vote: For Against Abstention MOTION I have encloseC a copy of the or_'-ginal resolution denvina your _ application as requested. As soon as the amended resolution is completed for Council's July 28, 1980 Meeting, a copy will be sent to you for review prior to the meeting. k�k;llr*yF�Fy1r***�k*;k**•� ;tizY***'c*-k;'c ;':;k�c�:-:'k : .. ;�;��c*�'c�r*;�*fir.'; ;ti*;ti:':-�c ;�*�c*�c�l•s�k ;k-dc7'c�r**�c** kyF*****�k�: ;'r•tF*yF****�k'tk DEADLINE DATE for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown approved plans. Do not change plans. variance authority expires one ;ear after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL. SUBDIVISION APPROVAL - Applicant must havp drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies -of official City Council Minute' may he obtainec�by _ contacting the City Clerk. Allow at least three weeks from me-ting date. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1167 A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR THE ROBERT MORTENSONS 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 w,31fare; 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 WHL, ;, the purpose of the C-ii.ditional Use Permit is setforth in Section 32..10 ` --he Orono Zoning Cade 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 conuiticna] use permit may be granted. Conditions may be applied to it ,,Ao.. 1 t.::, peimlt 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 Zon4.ng 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. w.iEREAS, the City Council has reviewed the application; the .ecommendaLions of staff and the Planninq Commission; and comments by the applicants, PAGE OF City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1167 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono her, y denies said conditional use permit application based upon the following findings of fact: 1. The property is located in the RR-lB 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 extensio,i of costly urban services into the rural area. 4. The historic density of the Arbor Street neighborhood already has raised questions concerning the intimate probability of having to extend sewer and/or other urban services into the area to alleviate problems associated with urban type density. S. Addition of a commercial greenhouse operation on property already containing a dwelling would increa_;e 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 Arbor 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. PAGE n _OF City Of 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 Avenue of Minnetonka Avenue would be incompatible with the inplace residential design end 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 28thday of July _i_ , 1980. William B. Van est, Mayor ATTEST: r W er R./enson, City Administrator i PAGE OF REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 2Q Alan Olson, City Planner, entered into the record the conditional use permit request of Pober;. Mortenson, 1205 Arbor Street, dated July 24, 1980, which states: The resolution of denial has been revised per Council direction at the last meeting. Council Meeting - July 28, 1980 CONDITIONAL USE PERMI 1205--A.rbor Street #560 = t Mortenson Mayor Van Nest moved, Butler seconded, to adopt Resolution #1167, A Resolution Denying A Conditional Use Permit Fcr The Robert Mortensons For A Green- house A'. 1205 Arbor Street. Motion, Ayes (5) - Nays (0) . Alan Olson, City Planner, entered into the record the variance and conditional use permit request of Orton Wisegarver, 3800 Wayzata Boulevard, dated July 25, 1980, which states: The applicant, Orton Wisegarver, requests permission to expand the existing Kellers Market building by construction of a new 40' X 50' addition, with basement, to house storage, a new meat market and a greenhouse sales azea, plus expansion of parking which may include excavation of an embankment east of the present building. This application is complicated by the large number of ordinance provisions involved, by Minnesota law applicable to non -conforming uses, and by past activity on the site which appears to constitute violation of our ordinances. I recommend that Planning Commission review this report in concept and provide a basic recommendation to the Council concerning use of this property. Basic IEsue: Should this property at this location be ultimately used for commercial or residential purposes? If the i!. ;wer is "residential", then this use must conti.n,:+. as a non -conforming use with the ultimate objective of use elimination by obsolescence, exhaustion and destruction. This is consistent with our 1974 and 1980 Comprehensive land Use Plans and with the zoning districting since original provisions were applied in 1967. RESOLUTION #1167 Deny Greenhouse 1205 Arbor Street CONDITIONAL USE PERMIT' 3800 Wayzata Boulevard' #561 Orton Wisegarver (Continued) CITY of OR()NO I' —A Office Box f6eCryatal Hay. Minnesota 553V a Municipal Offices Telephone 473-7357 TO: Robert & Joanne Mortenson 3139 Florida Avenue North Crystal, Minnesota 55427 Copies to: Control No. HQ__ Meeting Date 7-28-80 Notice Date 7—In—Rn Variance xx_ Conditional Use Permit Subdi• ' .ion, Preliminary Subdivision, Final COUNCIL ACTION Vote: 5 For 0 Against AbstenLion MOTION The Co_.icil adopted the attached Resolution No. 1167 denying your requested Conditional Use Permit for the 1205 Arbor Stieet Address. DEADLINE DATE _ for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after appr^.val. CONDITIONAL. USE APPROVAL.. expires upon change of ownership or use, or on deidl'ne date specified above. PRELIMINARY SUBDIVISION APPROVAL. - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVA1 - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording rettirned to the City by deadline date. Certified copies of official City Council Minutes may bP obta ne v contacting the City Clerk. Allow at least three weeks from meeting date.