HomeMy WebLinkAboutResolution 1894 � ° � '
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�°� RESOLUTION OF THE CITY COUNCIL
� '�; NO. 1894
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� � " • • ' A RESOLIITION GRANTING
. . `� ,�°'f'` A VARIANCE TO
MiJNICIPAL ZONING CODE
SECTION 10.27, SIIBDIVISION 4 (A)
AND A CONDITIONAL IISE PERMIT PER
. MIINICIPAL ZONING CODE
� SECTION 10.20, SIIBDIVISION 3 (F) .
- FILE #994
WHEREAS, Frank Kokesh (hereinafter "the applicant") is the •
owner of the property Iocated at 4100 Watertown Road within the City
of Orono (hereinafter "City") and Iegally described as follows:
The West 316.50 feet of the South 1088.1 feet of the West 1/2 of
the South 27.50 acres of the West 1/2 of the East 1/2 of the
Northeast 1/4 of Section 31, Township 118, Range 23 Iying North
(of the center Iine) of the Minneapolis and Watertown Road,
(hereinafter "property"); and
WHEREAS, the applicant has made application for a variance
to permit the keeping of domestic animals for commercial purposes per
� Section 10.27, Subdivision 4 (A) and a conditional. use permit to
permit the continued use of applicant's property for the boarding of
horses, rental of horses and instruction in the riding of horses per
Municipal. Zoning Code Section 10.20, Subdivision 3 (F).
NOW, THEREFORE, BE IT R$SOLVED by the City Counci I of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #994.
2. The property is I.ocated in the RR-lA Rural Residential Zoning
District.
3. The property contains approximately 35 acres in area.
4. The Orono Planning Commission reviewed this application on
November 18, 1985, and recommended approval of the proposed
variance to al Iow the keeping of domestic animals for commercial
purposes per Zoning Code Section 10.27, Subdivision 4 (A) , and
recommended approval of a conditional use permit to permit the
continued use of applicant's property for public riding stable
use based� on the following findings:
A) Applicant's principal residence is I.ocated on a 35 acre
• site.
B) No other variances are sought to performance section of
Section 10.27, Subdivision 4 (A) - keeping of domestic
animals.
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��:� RESOLUTION OF THE CITY COUNCIL
� NO. 1894
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C) The proposed I.evel of use is compatible with surrounding
5 acre "hobby farm" neighborhood.
D) The property has been used as proposed in this review
for over 15 years and has not resulted in any harm to the
publics ' safety or welfare. - �
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 variance
woul.d not adver'sel.y affect traffic conditions, Iight, air nor
pose a fire hazard or other danger to neighboring properties;
would not merely serve as a convenience to the applicant, but is
necessary to all.eviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
• 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 ad-
versely affect Iight, air nor pose a fire hazard or other danger
to neighboring properties, nor will it depreciate surrounding
property values and that the proposed Ievel of use of the
property will be in keeping with the intent and objectives of the
� Zoning Code and Comprehensive Plan of the City.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.27, Subdivision 4 (A) to aI Iow the keeping of domestic animals for
commercial purposes and per Section 10.20, Subdivision 3 (F) grants a
conditional use permit to permit the continued use of applicant's
property for public riding stable use subject to the following
conditions:
l. The total number of full and part time employees hired by the
applicants to assist in the commercial horse operation shal.l not
exceed the level of 5 employees except for special events at
which large assembly permitting process shal I establish Ievel of
temporary employees.
. 2. Riding lessons are to be provided by members of applicant's
family. �
� 3. Horses maintained on property shall not exceed the number
al.Iowed per Section 10.27 Subdivision 4 (A).
4. Applicant shall. renew conditional use permit annually until
Council specifies otherwise.
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>`��` RESOLUTION OF THE CITY COUNCIL
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� � NO. 1894
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5. Authorities granted by the conditional use permit run with
the property not with the owner and are permissive only.
6. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the �
zoning code, shall automaticall.y terminate any authority granted
herein, and shall be punishable as a misdemeanor. �
. 7. The undersic�ned 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
Dec mber, 1985.
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. . ... .. . .. .- - - � - . . . . _. . .. .. . _.. .. . .. . .
ot y M a y Clerk Mary C. Ier, Mayor
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.•.�.Y.\.•�-..'.�C�� - /
(1) rop rty Owner
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� 'i� RESOLUTION OF THE CITY COUNCI L
' • NO. 1894
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.S ` NNESOTA )
) ss.
COUNTY OF HENNEPIN ) � �
2� � �s��
On this � day of C�usf , ��5
before me a Notary Public within and for said county, personally '
appearedsus2.n� �. �LoK�ff- 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.
•x:��°��;;, MICHAEL P. GAFFRO�'V NOTARY PUBLIC
�'�'�i� � NOTARY PUBLIC-MINNESOTA
�a� HENNEPIN COUNTY
•.''�1p•' My Commission 6cpfres June 11,1987
��,t.�ve l� �1�S�
• MY COMMISS ON EXPIRES
' STATE OF MINNESOTA )
. )ss.
COUNTY OF HENNEPIN ) /���
On this �g� day of (suS� , ]9-6'� before me
a Notar Publ ' c within and for said County, personally appeared
��N� ����,r� 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 NOTARY PUBLIC
•���`� NOTARY PUBUC-MINNESOTA
���e� ' HENNEPIN COUNTY
�+�,�«� My Commtssion ExpiresJune 11,1987 ,
� _� �� ��� �9�7
MY COMMISSION EXPIRES
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