HomeMy WebLinkAboutResolution 2289 -� � - � ; ' ,! � �
-��; _, ' ' � . � .
_ � � . . Cit� o� ORONO
� , . _ . _ . . . __
�� RESOLUTION OF THE CITY COUNCIL
� NO. 2289
�
' • � • • .
A RESOLDTION DI�NY�NG VARIANCES
TO MO1vICIPAL ZOIdING CODE
S$CTION 10.20, SIIBDIVISaON 3 (N)
FIL$ NO. 984
WHER$AS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et.
seq., the City Council has adopted zoning regulations for the protection of
the health, safety, and general welfare; and
WH$REAS, Joe Sawchuk (hereinafter "the applicant") is owner of
the property located at 4105 Watertown Road within the City of Orono
(hereinafter "City") and legaYly described as followss
Exhibit A, attached (hereinafter "the property" ) ; and
• ,
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.20, Subdivision 3 (N) to permit the
construction of a private horse barn to be located less than the required
75 foot setback from the property Iine; and
WHBREAS, the City Council has considered this application
including the findings and recommendations of the Planning Commission,
reports by Ci�ty staff, comments by neighboring property owners, comments by
the owner and effect of the proposed variance on the health, safety and
wel.fare of the community.
NOW, TH�a2LFORE B�3 YT RLSOI.VED, that the City Counci 1 of the City
of Orono, Minnesota, hereby denies the application of Joe Sawchuk for a
variance to Municipal Zoning Code Section 10.20, Subdivision 3 (N) for the
property 1egaYly described above based on one or more the following
findings of fact:
' FI]NDINGS �
1. The property is located in the RR-lA, Single Family Rural
Residential Zoning Distx=ict.
2. The keeping of horses in private barns and stabYes is a permitted
accessory use in the RR-lA zoning district under standards set forth
� in Section 10.20 , Subdivision 3 ( M ) &. (N) . Subdivision 3 (N)
specifies that no such private barn or stable structure shall be
located less than 150' from the nearest adjacent residence and no
closer than 75' from the nearest lot line.
Page 1 of 3
.' •� .
� -
Clt� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2289
•
' • - • •
3. Applicant's property has a width of approximately 192' and widens
to approximately 265' further to the rear. This leaves an area
ranging from 42' to 115' in width on the property in which a horse
barn could legally be located without the need for variances.
4. The allowable Iocation for a horse barn without variances is
somewhat limited by the Iocation of the existing septic system on the
property. However, the location of that septic system does not
preclude the construction of such a barn in a Iocation that does not
require variances.
5. The Council finds that the location of existing horse corral
fences does not constitute a valid hardship that would justify the
requested variance.
6. The Council finds that the increase in distance between the house
and the barn, that would be necessitated by placing the barn in a
location that does not need variances, is not a valid hardship.
• 7. The Council finds that the fact that a barn located where no
variances are necessary would be screened by existing vegetation from
the house does not consitute a valid hardship.
8. The Council finds that the existence of installed underground
electrical wiring to the general location of the requested proposed
barn site, does not constitute a valid hardship.
9. The Council finds that the fact that the existing house is very
close to a side lot line is not justification for construction of a
barn directly behind the house and close to the lot line.
10. The neighboring affected property owner has gone on record as
opposing the variance request, based on the potential of increased
run-off to his property and based on the visual and physical proximity
of the barn and associated horse traffic near his property line.
11. The applicant has not prbposed an alternative barn location which
would lessen the degree of variance requested or which would have' Iess,
of an impact on the neighborhood. '
12. The property in question can be put to reasonable use under the
conditions allowed by the zoning code.
13. The granting of the requested variance will serve merely as. a
convenience to the applicant and is not necessary to alleviate
� demonstrable hardship or difficulty.
Page 2 of 3
> �
� e �
e ,
clt� o� oR,oNO �
� RESOLUTION OF THE CITY COUNCIL
� NO. 2289
�
' � - • • � �
14. T e variances, if al lowed, would have an adverse effect upon the
health, safety and welfare of the community for the reasons outlined
herein, and `would be contrary to the intent of the Zoning Code and
Comprehensive Plan.
15. There are no special conditions applying to the land in question
which are peculiar to that land. The granting of the application is
not necessary for the preservation and enjoyment of a substantial
property right of the applicant.
Adopted by the City Council of the City of Orono, Minnesota, this
9th day of November, 1987.
ATTE T:
� �
.
orothy . Hallin, City C1.erk Jame R. Grabe , ayor
� ,
� Page 3 of 3
�
� Exhibit A
Resolution #2289
, :
�
DESCRIPTION OF PROPERTY SURVEYEU (as provided)
The West 10 acres of that part of the East l/2 of the. SE 1/4 of Section 31-
11�-23, 4lI11CI1 lies South and Southwesterly of the centerline of the South
VJatertown ftoad, so called, and North of the right-of-way of the Eleci:r�ic
f Short Line Railway Company described in deed to said Company recorded in
+ Book 751 of Deeds, page 404, and East of the West 35 rods of the East 1/2
of the SE 1/4 of said Section 31
'EXCEPT:
; .
Ti�at part of tl�e Soutl�east One-Quartei° (SE 1/4) of Section 3"l , Townsl�ip 11$,
Range 23 described as follows: Commencing at a point in the centerline of
the South Watertown Road, said point being the Northeast corner of the West
� 10 acres of �Liiat part of tl�e East One-lialf (E 1/2) of tl�e Soutf�east Une-
Quarter (SE 1/4) of Section 31 , Township 118, Range 23 ���hich lies South and
Southwester-ly of the centerlir�e of the South Watertown Road, so called, and
North of tl�e rigl�t-of-way of tl�e Electric Si�ort Line Rai lway Company descrit�ed
in deed to said Company recorded in Book 751 of Deeds, page 404, and East
of the West 35 rods of the East One-Half (E 1/2) of the Southeast One-Quarter
(SES 1/4) of said Section 31 ; tl�ence Nortl�westerly along said centerline
a distance of five (5) rods; tiience Soutl� parallel witf� the East line of
said ten-acre tract to a point in a line running Westerly at right angles
from said East line at a point distant t���enty-four (24) rods SouLh from the
. point of beginning; thence East along said right angle line to the East line
� of saicl ten-acre tract; thence North twenty-four (24) .rods to. the point of
•. ::�e9inning. . . .
� .
�