HomeMy WebLinkAboutResolution 4029 ,r�-�:Y:. .��i�y..r
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��� ��'�' RESOLUTION OF THE CITY COUNCIL
� 9kESH�g' NO.
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE ��
� SECTION 10.20, SUBDIVISION 3(1Vn �
FILE NO. 2289
WI�REAS, Jon M. Pendleton (hereinafter the "applicant") is the owner of the
property located at 350 North Arm Lane within the City of Orono (hereinafter "City") and
legally described as: �
• Lot 2, Block, 1, Markoe Addition, Hennepin County, Minnesota (hereinafter
"property"); and �
WHEREAS, the applicant has applied to the City for a conditional use permit
to permit the seasonal keeping of a horse on his property.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2289.
2. The property is located in the LR-lA Zoning District. The property consists of
4.4 acres. •
3. On January 20, 1998, the Orono Planning Commission reviewed the application ,
as proposed and recommended approval based on the following findings:
a. A University of Minnesota extension educator specializing in animal
feedlots indicated the pasture sites will not negatively affect the
waterways or neighborhood.
b. Pasture #1 is not considered a feedlot as it allows more than 1 acre per
animal unit. This pasture meets the 75' lakeshore setback. Pasture #2
is considered a feedlot as it allows less than 1 acre per animal unit. This
• pasture meets the 300' feedlot setback from waterways. Exhibit A is the
survey depicting the location of the pastures.
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
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c. The combined pasture area of 1.81 acres where 2 acres is required for 1
animal unit is sufficient as the horse will be rotated between pastures and
� will be provided additional feed. . �
d. A 10' drainage easement separating the pastures inhibits the ability to
have one contiguous pasture area.
e. The horse would only be kept on the property during the non-winter
months.
f. No structure for the horse is required or proposed.
4. The City Council finds that granting a conditional use permit to allow the
seasonal keeping of one horse on the property 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 its
use 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.
5. 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 conditional use permit on the
health, safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS t
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3(M)
to permit the keeping of one horse on the subject properry during the non-winter months,
subject to the following conditions: .
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�� G'�' RESOLUTION OF THE CITY COUNCIL
� ��kESHOg'� � NO. � � %� � .�
1. The applicant shall follow best �management practices as suggested in the
attached letter dated February 6, 1998 from Jeremy Geske, University of
Minnesota extension educator specializing in feedlots (Exhibit B).
, 2. Manure shall be composted and contained on site within one of the pasture areas
in a location that will not adversely affect water quality as determined by Mr.
Geske and approved by staff.
3. Authorities granted by this resolution run with the property not with the owner
but are permissive only and must be exercised within one year of the date of
Council approval or the special conditions of this resolution will expire on that
date (February 9, 1999).
4. Violation of or non-compliance with any of the terms and conditions of this
• � resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
5. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the Chain of Title of the
property.
Adopted by the Orono City Council on this 9th day of February, 1998.
" ATTEST: �
-, �
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inda S. Vee, City Clerk Gabriel bbour, or
s'+v��r
Pro e Owner(s)
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��� ��,'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
The �foregoing instrument was acknowledged before me on this 9th day of
February, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and sa.id instrument was executed on behalf of the
City.
� ,��� , JAMIE L GEMAR Notary Public
;"�„ �,�pTpqy pugL�C'MINNESOTA .
�:. �; H�iNEPIN COUNTY
•,.. My Commission b�l�es�.31,2000
•
• .
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�� G'�' RESOLUTION OF THE CITY COUNCIL
� ��k'ESH�g'� . NO. �_�-� �;
STATE OF MINNESOTA ) .
) ss.
COUNTY OF H NNEPIN )
On this �� day of , 199 before me a Notary Public within and
for said county, personally appeared `�'J, � �
known to me to be the person(s) describ in and who executed the'foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�-:ti
o=�� JAMIE L.GEMAR �i�
;��, � ' NOTARY PI�C-MlWNESOT� NOTA° PUBLIC
� e�' NENNEPIN COUNiY
...« My Commission ExPires Jan.31,2000
• STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this��day of � , 199�before me a Notary Public within and
for said county, personally appeared �1C�t,_ G�, p.,��,�r�!!�� �-,z��,h�c�
known to me to be the person(s) described i � d who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
, �m-c.e� J�2?�-��.�J
o �• �E���� NOT � Y PUBLIC =
J�.' �'
�'��. �CiOfIMT1�0���`{�1''31��
• Page 5 of 7
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February 6, 199R . � . �
nakotA T�� �rad Bressler,City of Orono .
C'.opnty FR: Jeremy Gesl.e,E�:teasion Educatc�r, Livestock Syste
DaKOTA COUNTY EXT6N310N 6
CONSERVATION CENTER
R$: JOtI &Mog pendleton'S request to keep 1 horse...
41fH1-•22p S�rc�:t 1�'..
�"''° �"� CC: Jon& Meg Pendleton
l�an»in�liyn. MtV S,r+(1:?4•ySi�J
°"o"E The Pendleton's wish to keep one horse,f�r appraximately six mt�nths of the year, on
��'�'��'`��'��{��� their property. The totel arttuunt of�nanure praduction from �ne for half a year is
TDD relatively minar. I have reeommettded a few manage:nent practices that should ensure
«'����`>>-77`3y that the manure will not be a p�llution problem.
FAX
it�12���,,3_H��t�2 :• . Wtten buildinb the two lots where the horse will be k�pt, fallow city(ani3lor county}
wEB rey�iired/recommended setbacks from share]and and se�tic system.
htip;/lwww,extenelon.umn.edu/ S'' 7'hree areas of concern were the lakeshore,the septic system and the smail creek
�NAkote/ that cuts across the property and empties intcy the lake. The creek is basically
e.M��� Only a cpnCern during spring run-aff from snowmelt. Since the horse wiil not be
dekota@extpn�l011.umn.edu ke�t 02] t}t�pI'Opet'h/pVeC Wit1f0C,this shouldn't be a problem.
':• Maintain�ve�etation cover on th�horse lots if possible.
• Y Meg&Jon ltave expressed their willingness to provide su�?plement�l forage
(hay)tp r�duce grazing pressure on the lots. I would be happy to inspect the site
at the end of the first summer to evaluate the vegetative cover.
Y If the lots becorne devoid of vegetation,ihere are tw�things I would recommend;
■ It would be very easy to design a clea�i water diversion that would keep ntn-
off from flowing over the lots.
• Set up a manure cc�mposting pile.
lf it is deemed th&t a compost�ile is necessary,I �vould be happy to wark with the
pe,�dleton's to design a systcm for them, Compost�iles quickiy and efliciently convert
rnanure into arganic mattcr that can readily be used as fertilizer for garden5 or fields,and
they �re relatively odorless. We cttn design a system that is not in t1�e palh of run-off,and
by putting a fer�ce around it,we can keep the area aesthetically p(easing. We've talked
about this,and they are tnore than willing to do whatever is necessary. I can provide
details on how often the lot needs to be cleaned,the compc�st pile empticd,�tc. � �
1 would also like t�add that Jon z4c Meg give me every indication th�t they are not Only
willinK to, but also want ta maaaqe their horse in a way th�t is healthy for the horse and
safe for the environment. They have made connections with a v�terinarian,otl�er horse
owmers,tlntversity of Minnesota Exiension staff and other professionals to assist them as
ihey care for this horse. They clearly have ttte resources and the desire tc�do things right,
and I see no reason to derry their request. .
Jon R iV1eg may call on me ta provide inforn�ation or nssistancC in these areas. lf you
huve any questions,] can be reacl�ed at(612)89i-7704.
s
•
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