HomeMy WebLinkAboutResolution 4686 � .T
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��6. - CITY of ORONO
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�.� G'ti� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 18 (B)
AND A CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3(0) AND 3(P)
FILE NO. 01-2698
WHEREAS, John S. Puckett and Kimberly S. Puckett (hereinafter "the
applicants") are the owners of the property located at 4100 Watertown Road within the City
of Orono (hereinafter "the City") and legally described as follows:
Lot 4 and 5, Block 1, Kokesh Farm Addition, Hennepin County, Minnesota
(hereinafter "the property"); and •
, WI3EREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivisionl8(B) and Section 10.20, Subdivision 3(0) to permit
the barn to be located 100' from the lot line where 150' is required and a conditional use
permit to permit the use of applicant's property for the boarding of horses and instruction in
the riding of horses by a nonowner per Municipal Zoning Code Section 10.20, Subdivision 3
(0) and (P).
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 20, 2001, at which time all person desiring to
be heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #01-2698.
2. The property is located in the RR-lA Single Family Rural Residential Zoning
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�,� G'� RESOLUTION OF THE CITY COUNCIL
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District, where 5 acres is the minimum required lot area. The property consists
of approximately 13.1 acres (including Lots 4, 5 and 50' pasture easement).
3. The Orono Planning Commission reviewed this application on August 20, 2001
' and on a vote of 7 to 0 recommended approval of the proposed variances based
upon the following findings:
� A. Applicant's principal residence is located on Lot 5 along with the barn
, and pole shed of approximately 7.3 acres.
B. Applicants own Lots 4 and 5 additionally have a 50' pasture easement
' over the southerly portion of adjacent Lot 6. The lots have not been
legally combined.
C. The proposed level of use is compatible with surrounding 5 acre "hobby
• farm" neighborhood, and is in keeping with the "Rural Residential"
character and intent of Orono's RR-lA zoning district.
D. The property has been used for horse boarding and instruction as
proposed in this review for over 15 years.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety�and
welfare of the community.
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
. pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
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6. The City Council finds that granting a conditional use permit to allow a public
riding stable will not be detrimental to the health, safety or general welfare of
the public, would not adversely affect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will it depreciate surrounding property
values and that the proposed level of use of the property will be in keeping with
the intent and objectives of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Section Section 10.03, Subdivisionl8(B) and Section 10.20,
Subdivision 3(0) to permit the barn to be located 100' from the lot line where 150' is required
and a conditional use permit to permit the use of applicant's property for the boarding of horses
and instruction in the riding of horses by a nonowner per Municipal Zoning Code Section
• 10.20, Subdivision 3 (0) and (P) subject to the following conditions:
1. The number of horses maintained on the property shall not exceed 19.
2. This approval allows riding lessons to be provided by a nonowner of the
property.
3. Applicant is required to provide adequate parking space for horse owners to park
on site. •
4. Training will not be allowed on primary or alternate septic locations on either
Lot 4 or 5.
5. This conditional use permit will expire if either of Lot 4 or Lot 5 is sold or the
amount of acreage controlled by the applicants is reduced due to sale, lot line
rearrangement or other reason.
6. Manure will be stored behind the barn until it is removed every 2 weeks. It will
not be spread on the property.
7. Authorities granted by these variances and conditional use permit run with the
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property not with the applicants, but are permissive only and must be exercised
by commencement of the allowed use within one year of the date of Council
approval, or these variances will expire on that date (September 10, 2002).
8. Violation of or non-compliance with any of the terms and conditions of these
variances and conditional use permit shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and shall be
� punishable as a misdemeanor.
9. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
� meeting held on the lOth day of September, 2001.
ATT�ST:
��� ,�� ��.-�- � - -
Linda S. Vee, City Clerk B . Pet so , M yor
, �-, �
Property Owner s) �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this lOth day of
September, 2001 by Barbara A. Peterson, Mayor and Linda S. Vee, City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
� ��
. Notary P lic
� `� .,.. MARY Af�,;d JO!-,;VSOfJ �
• �+�=:"'�' NOTARY PUBUC•h1!P:A;cSOTA
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��b. - CITY of ORONO � �
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
��sH�4� . NO.
STATE OF MINNESOTA ) �
. � . ) ss.
COUNTY OF HENNEPIN ) .
On this 1'S�F-� day of ��f��2 u a r2u ,200�before me a Notary Public within and
for said county, personally appeared u r m b� �o �� 5.����e-�--�, �'Yi 2 R�e i e�
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowled ed that he(they) executed the same as his (their)free act and deed.
"��,;� MARYA���'�dJOH�;SON . .
�'��:. NOTARY PUBLIC•h4�1hESOTA C�/ytir�i
:�,`�" IY�CatwrYssion 6:��;es�an.31�2005
' =��•-�- Notary Publ' .
STATE OF MINNESOTA )
) ss.
. COUNTY OF HENNEPIN ) .
On this��`h day of �c fj�u�X ,200�-before me allotary Public within and
for.said county, personally appeared .J o h N S• -1�a�K,�-�f� � a 4e c�e�',P�/
known to me to be the person(s) described in and who executed the foregoing uistrument, and .
� acknowled the same as his (their) free act and deed.
MAFY ANN JOHNSON �
'�a• ,.. : ►�FpTARYPUBLlC-MINNESOTA C���
.,: MY Commbs�°^ExPtres.lan.3L 2005
Notary Pu c �
STATE OF MINNESOTA ) .
� � ) ss.
COUNTY OF HENNEPIN )
On this day of � ,200_before me a Notary Public within and
for said county, personally appeazed
known to me to be the person(s) described in and who executed the foregoing instrument. and
acknowledged that he (they) executed the same as his (their) free act and deed. .
• Notary Public
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- — � �,•- -- ORCHARD • • f - _ .. _ _ _ _ T _ —
FencinQ Plan
�ea 1: Traintug 1 Turnout Atea — denotes Builc .
eas 2—8: Turnout Areas F�on
Side
Area 9: Area to be left undisturbed for Lot 5 Altemate septic. � ReO�
Area 10: Tractor lane so fence in area 7 can be repaired without driving on Lot 4 _ der►o�s com� ���C� �\
septic areas. � � - ���
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