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HomeMy WebLinkAboutResolution 1793 .ti. y. . � . . . . ' ' . i� . . F X4 . . . �� � ,���s� City of ORONO e �.o� • ��.�:. . zti RESOWTION OF THE CITY COUNCIL ��.r,�;��' � NO.� 1793 �-�`" • ' • • � A RESOLUTION GRANTING • A CONDITIONAL IISE PERMIT PER MONICIPAL ZONING CODE SECTION 10.20, SQBDIVISION 3 (E) FILE NO. 933 WHEREAS, Ned Butterfield (hereinafter "the applicant") has an interest in the property located at 3745 Watertown Road within the City of Orono (hereafter . "City") and legally described as follows: � � � • The east 196.5 feet of the west 392.98 feet of the southeast quarter of the southwest quarter of Section 32, Township 11��-��``��c. north, Range 23 west of the 5th principal meridian, Hennepin ''�� County, Minnesota (hereinafter "property" ) ; and WHEREAS, the app l i cant has app l ied to the City f or a Conditional Use Permit to permit the construction of a 40' x 100' . commercial greenhouse per Municipal Zoning Code Section 10.20, • Subdivision 3 (E). : FINDINGS l. This application' was reviewed as Zoning File No. 933. � 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. On June 17, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval , finding that: � a) A commercial greenhouse operation has existed on this property since prior to the 1967 zoning �code. b ) The City � Council formally recognized this commercial. greenhouse and wholesale/retail commercial f lower operation through a non-conforming conditional � use permit dated September 13, 1968. � c) The retail sale of flowers on the property has nearly ceased to exist in recent years. The whole- . _ sale/retail sale of flowers on the property will not increase as a result of the additional greenhouse structure, hence, this is not considered as an expan- sion of a non-conforming use. , � . � Page 1 of 4 � � �lt� of OROl�O U• C3�• �"�-S�Y . . • '�}' RESOLUTION OF THE CITY COUNCIL � NO. 1793 ��` • _ , • - • • d) The property is 4.6 acres �in area in this 5-acre • zoning district. e) The new greenhouse will be located 25 feet from the side property line, in conformity with the existing � greenhouse structures. f ) The City has no complaints on file regarding the use of this property for a commercial greenhouse opera- �ion. 4. The City Council has considered this application in- • cluding 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 � we 1 f are o� the community. 5. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to allow the construction of a 40'x100' greenhouse � 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 pro- . perties, nor will it depreciate surrounding property values and the proposed level of use of the property wi11 be in keeping with the intent and objectives of. the Zoning Code • and Comprehensive Plan of the City. ; � CONCLIISIONS, ORDER AND CONDITIONS � - Based.upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code � Section 10.20, Subdivision 3 (E) to permit the construction of a commercial greenhouse, subject to the fqllowing conditions: . 1. The greenhouse structure must meet all Building Code and Fir�e Code standards, including the 20' setback from other greenhouses if no 1-hour firewall is provided. , � 2. The structure sYial l be set back the �same distance from the east side lot line as the existing greenhouses (approximate 1 y 2 5' ). 3. In granting this conditional use permit, the Council " recognizes that this lot is 4.6 acres, in area in the RR-lA 5-acre zoning district, and grants an approval for the , substandard lot size. � � 4. The applicant is placed on notice that any future addi- tional greenhouse construction or expansion will require a new conditional use permit. Page 2 of 4 ' ..,. r , � p . -�� � Cit� of ORO1�0 d RESOLUTION OF�THE CITY COUNCIL x • � NO. 1793 . � • � • • . , 5. There shall be no further retail sales activity on the property. � 6. If the existing septic system, at some future time fails to function satisfactorily, the conditional use shal 1 cease until the system is repaired. 7. Violation of or non-compliance with any of the items and conditions of this resolution shal 1 constitute a violation of the Zoning �Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner 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 8th day of ' July, 1985. � ATTE : � I o�hy M. llin, ity Clerk Mary C. But er, ayor �` � v - - op y Owner(s ) `��l�-e-lJ�-P I � Prope ty Owner(s ) • - ` � � � Page 3 of 4 + • w` , . �, . ' � i, J �. . . . �}�_ . . C�t� of ORONO d ., . ��.; ; � . ��:.. �. � �� � RESOLUTION OF THE CITY COUNCIL �` '' � NO. 1793 � :. • � • • STATE OF MINNESOTA ) . ' ) ss. " � COUNTY OF HENNEPIN ) , , Ori this 2� day of � ��y , 1985 before me a Notary Public within and for said county, personally appeared N�p � , � r�r��j€�lj 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. , P•r,pFFR�N //�� _ TA 1/ .�..;;». G�UNTY j AE so r:,,,� "�. N�Gp Y PUBI.IC-MINNE 1987 ',���. HE►�1NEP�N��eg�une�t• NOTARY PUBLIC � ' � My Commfssion�P ��� • y� • , � .�v��//, /:9g� ' � • MY COMMISSI N EXPIRES , STATE OF MINNESOTA ) � , )ss. . COUNTY OF HENNEPIN ) __ 3� y � 1985, before me .. On this. `�" da of� � , a Notary Public within and for said County, personally appeared �,_�(�G��� ,� �,c.���� known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � , � .:::��.;;, MICHAEL P. GAFFRON NOTARY PUBLIC � :tt�i► � NOTARY PUBUC-MINNESOT,A ' _ ,, ;,��a�� � ' HENNEPIN COUNTY w,�•f My Commission Expirea June 11,1987 Ns � ,�� � • MY COMMISSIO EXPIRES � Page 4 of 4 . r � � .� . �_�� STATE OF MINNESOTA) � : ) SS. AFFIDAVIT � � COUNTY OF HENNEPIN) JEANNE A. MABUSTH, being first duly sworn, deposes and says as follows: 1. That she is the Zoning Administrator for the City of Orono, and has been at all times pertinent hereto and makes this affidavit upon first hand knowledge. 2. That on July 8, •1985, the Orono City Council adopted Resolution No. 1793, which said Resolution was subsequently record d in the Office of the Hennepin County Recorder on October 4, 1985, as Document No. 5039010. 3. That said Resolution No. 1793 by drafting error referred to lands a part of Section 32, Township 117 north, range 23 West of the 5th principal meridian, Hennepin County, Minnesota, when in actuality it was intended to deal with lands part of Section 32, Township 118 north, range 23 West of the 5th principal meridia , Hennepin County, Minnesota. � 4. That this affidavit is made and given to resolve the question of the description of the land intended to be included in said Resolution. �� Further affiant sayeth not. -,._� a. �. Jeanne A. Mabusth Su scribed and sw rn to before me this . day of , �j9-�UUA-�Y , 1985. � .-- � � ' � ' ary Public � Drafted by: � � � � Robert W. Reutiman, Jr. �"� DOROTHY IiA. HALLIN .,. ��y � 305 East Rice Street �,. HENNEPIN COUNTY Wayzata, MN 55391 M�r ao�n�pYM 6�ii0 � ,^� .