HomeMy WebLinkAboutResolution 1654 _
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� Ci.t� o� OROl�O
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. RESOLUTION OF THE CITY COUNCIL
NO. 1654
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GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE
SECTION 1H.H3 SUBDIVISION 5 AND APPROVING VARIANCES
TO SECTION 1H.03 SUBD 5 (D) , (H) AND (J) - FILE �834
WHEREAS,' Brian and Cathy Fulmer (hereafter "applicants")
are the owners of a property located at 3505 Wayzata Boulevard and
Iegally described as that part of the Southwest quarter of the �
northeast quarter of Section 32, Township I18 North, Range 23 west of
the 5th principal meridian, lying nortk� of the northerly right of way
line of the Burlington Northern Railroad , (hereafter "the property") ;
and
� � WHEREAS, the applicants have applied to the City of Orono
(hereafter "City") for a conditional use permit per Section 10. 03
� Subdivision 5 and for variances to Section 10. 03 Subdivision 5 (D) , (H)
� and (J) to a7.low the continued use and expansion of the boarding kennel
operation and the construction of a 95 ' x 122 ' commercial kennel
structure on the residential property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota :
I . The application was reviewed as Zoning File No. 8=34.
2. The property is located in the RR-IB, rural residential zoning
district.
3. The property consists of approximately 9 acres, 3 acres of which
appear to be dry, contiguous land.
4 . Prior to the establishment of city wide zoning districts in 1967,
the property contained a primary residence and a separate
commercial kennel operation that consisted of an office building ,
kennel structure and outdoor run area.
5. A commercial kennel has been in continuous operation on the
property for over 35 years.
6. On November 14 , 1977 , Council granted a conditional use permit to
Dog House Boarding ICennel, Inc. approving the continued use of a
� commercial boarding kennel on the residential property. �
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y Cit� o� ORONO
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' RESOLUTION OF THE CITY COUNCIL
NO. 1654
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7. The plan approved by Council in I977 for the improvement of the
property was found to not involve an expansion or intensification
. of the non conforming commercial use. The improvements were as
follows : •
a) structural repairs and renovation o�f the receiving/office
building
b) concrete floor installed in garage area of office building
c) existing ke.nnel structure and open run areas to be upgraded and
enlarged and new open run areas to be installed
� 8. Council conditioned approval of the 1977 conditional use permit on
the following :
• a) accessory commercial use recognized as boarding kennel and size
of the structures would limit the boarding of 60 dogs
b) no dogs may be sold for experimental use ,
c) kennel was to operate and be open to the public under normal
business hours
d) waste material from animals housed on the premises was to be
disposed of in an accepted method so as not to endanger the public
health , safety and welfare �
9 . Since 1977 , the applicants have continued to provide the local
community with a much needed service. Their many customers
continue to be in full support of the Dog House Kennel .
10. Some of the neighboring property owners have advised the City of
problems from the barking of dogs in the open run or kennel area and
have petitioned the City to see if the applicants could work out a .
sched ule of operation that would decrease the noise problems.
11. In recent years, the applicants have been plagued with vandalism
culminating Iast Labor Day weekend (Sept. 1983) in the strychnine
poisoning of eleven boarcling canine guests. Three of the eleven
dogs died. The owners continue to suffer with repeated
• vandalisms involving the kennels or their personal property.
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� Ci.t� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1654 �
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I2e The applicants have applied to the City for a conditional use permit
to construct a single enclosed kennel structure 96 ' x I22' (I1 ,700
, sf) that will enclose all kenr�el and open run areas providing the
much needed security for the facility and a noise barrier for the
surrounding residential property owners.
13. The more efficient Iayout and use of the commercial area will allow
an expansion in the boarding facilities from the original. 6� pets
to a reasonable number of animals, considering their size and
type , which may be safely and properly kept in an 11 ,70� sq. ft.
kennel structure according to all applicable State and Federal
standards.
14. The interior of the structure is designed for specfic commercial
kennel use but the exterior of the structure suggests a more
rustic , residential motiff and could serve at some future date as
an accessory, hobby structure for the site .
• 15. Council approves variances to the following sub sections of
Section 1�. 03 subdivision 5:
D. Whenever a lawful non-conforming structure shal.l have
been damaged by fire, flood, explosion, earthquake, war , riot, or act
of God , it may be reconstructed within twelve (12) months after such
calamity, unless the damage to the building or structure is seventy-
five percent (75�) or more of its fair market value as shown on the
assessment records at the time of damage, in which case the whole
thereof shall be demolished , and any construction thereafter shall be
for a use in accordance with the provisions of this Zoning Chapter .
H. Normal maintenance of a building or other structure
containing or related to a lawful non-conforming use is permitted,
including necessary non-structural : repairs and incidental
alterations which do not extend or intensify the non-conforming use .
J. Apply to "Users" Only. The non-conforming use
provisions of the Zoning Chapter apply only to the use to which land and
buildings are put , and do not apply to situations where location or
height of structures, lot size or other factors not involving the use of
the premises prevent strict conformance with the requirements of the
Zoning Chapter . Where, however , such a situation existed I.egally
under the prior applicable law, the Council will not unreasonably
. require strict compliance and will generally look with favor on
granting of a variance under Section 10.08.
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� Cit� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1654
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Councils approval is based on �the following findings:
I . The proposed improvement will provide greater safety and much
needed security for the animals kept on the premises.
2. The new structure wi11. provide a noise barrier for the surrounding
residential property owners.
3. Neighbors have voiced comp7.ete support of the enclosed kennel
structure.
4. The proposed expansion in the boarding capabilities of the kennel
structure will not place undue hardship on the existing septic
. facility because the animal wastes are hauled from the site on a
regular pick up basis.
• 5. A kennel has been in operation on this property for over 35 years.
6. There is no increase in the area used for commercial operation.
The enclosed kennel covers the same area as the existing kennels
and run areas.
7. The property is physically screened and isolated from surrounding
residential properties by wetlands on east, railroad right of way
on south , road right of way on west and north.
8. Access to the kennel area is via U. S. Highway I2 and not through
residential neighborhood roads.
9. The City has received no negative comments from the surrounding
property owners notified during the reviewof applicationNo . 741.
I0. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports
by staff and comments of the applicant and the effect of the
proposed use on the health, safety and welfare of the community.
11. The City Council finds that granting a Conditional Use Permit to
allow the construction of an enclosed commercial kennel structure
as proposed will not be detrimental to the heal.th, 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 structure and the manner in which the property is to be
used to be in keeping with the intent and objectives of the Zoning
Code and Comprehensive Plan of the City.
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� Ci.t� o� ORONO
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, RESOLUTION OF THE CITY COUNCIL
NO. 1654
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I2. The City Council finds that granting variances for the proposed
commercial use of the residential property is necessary to
alleviate a demonstrable hardship, is necessary to preserve a
substantive. property right of the owner and would be in keeping
with the spirit and intent of the rural residential zoning
district, Zoninq Code and Comprehensive Plan of the City.
CONCLUSION, ORDER AND CONDITIONS .
Based upon one or more of the above findings, the Orono City Council
hereby grants a conditional use permit per Sectionl0. 03Subdivision 5
. and variances to subsections D, H and J of that same Municipal Zoning
Code section to allow the continued use and expansion of the boarding
kennel operation and the construction of a 96' x I22' kennel structure
on the property located at 3505 Wayzata Boulevard subject to the
following conditions:
• I . The boarding kennel operat�on shall be limited to the housin of a
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reasonable number of animals, in consideration of their size and
type , as may be safely and properly kept within an 11 ,70P1 sq. ft .
kennel structure according to aIl applicable State and Federal
standards but in no event shall the number of animals exceed 150.
2. Prior to the issuance of a building permit, the applicant must
provide an upda:ted survey designating the wetlands area and
confirming the required 26 feet setback from the wetlands.
Surveyor should confirm dry, contiguous land exclusive of road
right of way and wetlands.
3. AI.1 new construction must meet all pertinent standards of the
. State Building Code. •
4. Provide a quit claim deed to the State for right of way for U.S.
Highway 12 that encroaches the property. � �
5. Signage and parking needs to be reviewed by staff with building
permit application.
6. No other variances are granted or permitted for thisapplication.
7. This permit shall be automatically reviewed by the City within a
• year from the approval date of this resolution to assure that the
boarding kennel has operated within the framework of the terms and
conditions set forth in this resolution and that the City may
impose additional condi'tions as may be needed in the future in
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RESOLUTION OF THE CITY COUNCIL
NO. 1654
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order to protect the public health, safety and welfare.
Applicants further agree to waive any rights to object to such
other conditions if after a complete and full hearinq the City
Council determines that such condition is necessary to protect the
public, health, safety and welfare .
8. Violation of or non-compliance with any �of the terms and
conditionsof thisresolution 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 owners have read , understood and hereby agree to
the terms of this resolution and on behalf of themself, their
heirs, successors and assigns, hereby agree 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 Jul , 1984.
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ATTE . CITY OF ORONO
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C
erta M � trom, City Clerk Mary C. B 1 r, Mayor
D.orothy Hallin, City Clerk
(I)n� ' ,c,,,�� •
Property Owner (s) . --------
�2�� -����,��� .
Property -bwner (s)
(3)
roper y wner s
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c�t� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
NO. 1654
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STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this 21 S��Y day of ��(v�.c,�� , 1984, before me a Notary
Public within and for said County�, personally app.eared
�. grel�l->v �t.l�t�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 . •
MICHAEL P• GAFFRON __��_2�.�i'^!� �
�:��°°�;,� NOTARY PUBLIC
.�_� , N07ARY PUBLIC-MINNESOTA
�� HENNEP�� COUNTY
.�[I`' MY Commission Expires J�no 11�1�JS7
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�,�,,�„�..n�:��.�. _.�� J�� 9 8`�
MY COMMISSIO EXPIRES
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this ��� day of ��,.0 s� , 1984, before me a Notary
Public within and for said County, personally appeared
��+� � �LiL��t�2 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.
�:�:'"�: MIC ���� .
'�'� �. NorARAPUe�c GAFFRON
t� M HENNEPIN vONNESOTq NOTARY PUBLIC '
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Y Commission E�pireS�V�=Y J7 .
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MY COMMISSI'OIV EXPIRES
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