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Home My WebLink AboutResolution 3328 r. a ' � . . O . . ' . . . � _. . . . . . ' . . � �' . � CITY of ORONO . . O • I\�°��=� � RESOLUTION OF THE CITY COUNCIL � ��.' ..�.::. ,�,, � � ,� �: Y a,� ��, N0. � � �� og�G E38 A RESOLUTION GRANTING VARIANCES . ' TO MUNICIPAL ZONING CODE � SECTION 10.03, SUBDIVISION 9 (G2) . FILE NO. 1858 WHEREAS, John H. and Marla L. Merideth (hereinafter "the applicants") are �� the.owners of the property located at 3685 Watertown Road within the City of Orono and legally described as follows: ' � � Parcel A That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township � 118, Range 23, Hennepin County, Minnesota described as follows: Beginning at the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence west along the south line�of said Southeast Quarter of the Southwest Quarter to the west line of the east 678.62 feet of said Southeast Quarter of the Southwest Quarter; thence north • parallel with the east line of said Southeast Quarter of the Southwest Quarter to the centerline of the Watertown Road; thence Southeasterly, along said centerline to the west line of the east 462.89 feet of said Southeast Quarter of the Southwest Quarter; thence South along said west line to the north line of the south 16.50`feet of said Southeast Quarter of the Southwest Quarter; thence east along said north line to the east line of said Southeast Quarter of the Southwest Quarter; thence south along said east line to the point of beginning. Parcel B � The west 250.00 feet of the east 928.62 feet of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesota, lying south of the centerline of Watertown Road. � WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9(C-2)to permit the construction of a 4,800 s.f. indoor riding arena that will exceed the allowed foot pri.nt area for an accessory structure of 3,000 s.f. . and a variance to the allowed total area for a accessory structures on a given property proposed . at 8,288 s.f. where only 6,000 is allowed. • � Page 1 of 5 � � � • - � ' . ' � ' Fam5005 UlstOmno. . �_r 'r.T.¢7PR:ti.s'�:IT_.:.�"^:RL^?DIFV�v . .R"9F�'4YS�^. ..�_ :m�sT.*,T>inCr.am�.a....`7�"';'y^'r'n ._...xra�.^..�...rT^'�'�'�., .-M^_..y'''..."i...�'.��......_.r. ..s s.. . _ .�aw...x._...r..F�`:='rrY e.,. _.�.y_.s.,.� �....s......,.._......,... . ., ,,. . _ . . - . . .. _ ... . ... - - .. _. _ _ �.._. .----• _.._,._.. __. � � < . . . ._ _ .. � . . .... . . � O� . O :. Q . CITY of ORONO • ��.=� RESOLUTION OF THE CITY COUNCIL � ;�' ' ...3.-;� �� NO. e� � � � '�,� ` �'� G . �9�Es8og'� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1858. 2. The property is located in the RR-lA Zoning District requiring 5 acres of dry contiguous land. The properry consists of 10 acres in area. 3. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the proposed variances based upon the following findings: • A. Sloping topographies to the south in rear yard will help minimize impact of the larger structure to be constructed at a maximum height of 21-22' and a mean height of 18-19'. B. The exterior structure shall be of a light beige color consistent with the other accessory structures within the rear yard. C. The oversized accessory structure code would not allow an indoor riding , arena with a foot print area in excess of 3,000 s.f. The 60 x 80' structure will provide minunal area for the exercise and training of horses. D. A structure of this type will be consistent with many of the other horse operations along Watertown Road within the 5 acre zoning district. E. The Ordinance will require the filing of a Covenant in the chain of title of the property that will protect the City's interest if property was to be considered for subdivision in the future. 4. The Ciry 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely • Page 2 of 5 � , � Fam 5005 OisN Orom� � �� . . O :. � O CITY of ORONO • `� ��=� RESOLUTION OF THE CITY COUNCIL '' � �, � ��. :�;'� �, No. � 3 � � '��9� o4�G E8Ii 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. 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 variance on the health, safety and welfare of the communiry. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or moie of the findings noted above, the Orono City Council , hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C-2) to permit • the construction of a 60 x 80' indoor riding arena that will exceed the allowed foot print area for a single oversized accessory structure and will result in an excess of total area for accessory . structures subject to the following conditions: 1. Per Section 10.27 Subd. 3a (10.20 Subd. 3m) 10 acre property shall be limited ` to the keeping of 7 horses. 2. Riding arena must meet the following setbacks; 75' from both side lot lines and 100' from the rear lot line. Applicant shall provide an updated survey locating all existing and proposed accessory structures on property upon application for building permit. � 3. Applicant shall execute "City of Orono Covenant for Oversized Accessory Structure" that shall control the existence of the structure should the property be considered for subdivision at some future time. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised�-by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 27, 1994). 5. Violation of or non-compliance with any of the terms and conditions of this • Page 3 of 5 � . Fam 5005 Uisk Ororo �<.:�r.�::��.�r��c...�:}.,.��.+i:.�.�.�..�..�...�_....�.. �...'_�'. � _�. . .�......... ....�._�.�..:..�.t_• ..--�..i......�.�....-.....a.. .. - ' __ . '—_ __"_ . • � _�1 . � O� • , • O :. O . CITY of ORONO • ' ��,�=� RESOLUTION OF THE CITY COUNCIL � ��'. �"' '�, D" ¢� e3 � � �,� ;. .�� G NO. ti �9k'EsBOg'� resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 27th day of September, 1993. A ST: • • , orothy M llin,�Ciry Clerk Edward J. Call n, r., Mayor r V" I I�//� `'^r'-f�i \ ' -- _ Prop rry Owner (s) STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 1993 by Ed.ward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �' CAROf.E q, H�E�N , Notary Public �T��—MINNESOTA i HENNEPIN COUNIY MY COMMISSIOry�p�RE3&23-96 • Pa e4of5 g ' Fam 5005 Wst Orono . W�>> .�.�_ _......._ .__�, _. ,_.__.__w. ... . . �. _.____ . . _.. _ x .._----•.,�. --- . �_ . .O � � CITY of ORONO O :,.� O � • � -�''w,"'=' RESOLUTION OF THE CITY COITNCIL � ��' �.-� S�► '�,�, y �, ,�ti rro. � 3 � � , G ��ESI;�g'� . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this y� day of �C�,�p,� , 199 3 before me a Notary . Publicwithinandforsaidcounty,personallyappeared 1'e%n �1. /y►er;d��-h �,�.,o� /har/a L. ��r�c�P rna r��t� 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. , LINDA S. VEE , �� NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY NO ARY PUBLIC �� My commisslon expires &12-98 • STATE OF MINNESOTA ) _ ) ss. COUNTY OF HENNEPIN ) � On this day of , 199_before me a Notary Public within and for said counry,personally appeared 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 • ' Page 5 of 5 � ro�wos a�ao�o