HomeMy WebLinkAboutResolution 2063 , i:�k�
� t `� Cit o� ORONO
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• RESOLUTION OF THE CITY COUNCIL
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NO. 2063
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A RESOLUTIORT GRANTING
A VARIANCE TO .
MtJNICIPAL ZONING CODS
SECTION 10.20, SQBDIVISIOId 3 (K) AND �
GRANTING A CONDITIONAL USE PERNlIT PER
MIINICIPAL ZONING CODE
SECTION 10.23, SIIBDIVISION 4 (A)
FILE #1072
WH$REAS, Fred Winston (hereinafter "the applicant") has an
interest in the property located at 755 Spring Hill Road within the
City of Orono (hereinafter "City") and legal ly described as follows: ,
See Exhibit "A", attached (hereinafter "property"); and
WH$R$AS, the applicant has made application to the City of
Orono to permit the construction of an addition to an existing horse
barn, the subject barn and addition being located less than the
required 150' setback from the east property line, and requesting a
conditional use permit for the pasturing of horses on land located in
� the LR-lA Single Family Lakeshore Residential Zoning District.
- NOW, TH$Yt$FORE, BS IT R$SOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1072.
2. The portion of the property on which the barn and addition is
located is in the RR-1B Rural Residential Zoning District. The
remaining 9 dry acres are located in the LR-lA Lakeshore
. Residential Zoning District. The applicant also owns an adjacent
parcel of about 12 dry acres immediately south of the subject
property. •
3. The Orono Planning Commission reviewed this application on
September 15, 1986, and recommended approval of the prqposed
variance based upon the following findings:
A) The proposed barn addition is 500'-plus from the nearest
off-site residence.
B) The addition is on the side of the barn away from the
affected neighbor, Donald Wildman, who has submitted a
letter of approval of the barn addition. tt.
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2063
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4. Given the approximately 23 dry acres that are controlled by
the applicant, a maximum of 21 horses could be kept on the
property. Applicant has stated that no more than 6-8 horses are '
proposed for the site.
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
community.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply general ly 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 properties;
would not merely 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 appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
7. The City Council finds that granting a conditional use permit
to allow the pasturing of horses on portions of the property
zoned LR-lA wiil not be detrimental to the health, safety or
general welfare of the public, wou�d not adversely affect light,
air nor pose a fire hazard or other danger to neighboring
properties, nor w�11 it depreciate surrounding property values
and that the proposed level of use of the property will be in
� keeping with the intent and objectives of the Zoning Code and
Comprehensive P1an of the City.
CONCLUSIONS, ORD$R AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.20, Subdivision 3 (K) to allow the construction of a barn addition
to be located 50' from the east property line and grants a conditional
use permit for pasturing of horses within the LR-lA zoning district,
subject to the following conditions:
1. The maximum number of horses allowed on the approximately 23
dry acres controlled by the applicant is 21.
• 2. Any future addition to the barn over and above the 16'x40'
addition proposed with this application will require an
. additional conditional use permit review.
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. ��° . � .Cit �o� ORONO � �
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RESOLUTION OF THE CITY COUNCIL
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...,. � � � -NO. � 2063
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3. Authorities granted by this resolution 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 approvaY, or the special conditions of this
resolution Wiii expire on that date (October 13, 1987).
4. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor. '
5. The undersigned 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 13th day of
October, 1986.
ATTES �.
`�7. � .
hy M. H in,. City Clerk Mary C. utler, Ma or
�Gt� .�.-� � C,�s p .
,
Property Owner(s)
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- �.c.>�,� �...� L`�t�— '
Applicant(s) ;
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^_ C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2063
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STAT NNESOTA )
) ss.
COUNTY OF HENNEPIN ) " �
On this /�� day of ��.���� , 1986
before me a Notarp Public within and for said county, personally
appeared �(�a,y�d-, C,/,Jrhs� d- r.,c.eoQr�c.�C G��rrs�8�-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. �
� �Z�-�GC_ �/uGZ-�i�`�
NOTARY PUBLIC
���MINNESOTA
_ w�"�"�
� � �� �a
� MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) .
On this �j�'�' day of , 1986 , before me
a Not ry Public within and for said County, personally appeared
known to me to be the
person(s) described in and o executed the foregoing instrument,
and acknowledged that e (they) executed the same as his
(their) free act and deed.
- � GL' G�JG-
NOTARY PUBLIC
M�AAY RPUBLIC`�M!NNE OTA .
HENNEPIN COUNTY 9r O '9a
MY�mistlon explrss 9-8.3�
MY COMMISSION EXPIRES
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� C�t o� ORONO
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����W RESOLUTION OF THE CITY COUNCIL
� ��� NO. 2063
S �`���?� NNESOTA )
�
) ss.
COU � J�S� HENNEPIN )
On this �� � day of 2 , 1986
before me a Notar Public ithin and for said county, personally
appeared , � p., r known to me to be
the person(s ) described in an,• who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
�
NOTAR� PUBLIC
. _ L'�t� �
_ _'ii��
��'�-9�
MY COMMISSION EXPIRES
• ' , .
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1986, before me
- a Notary Public within and for said County, 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
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MY COMMTSSION EXPIRES
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� . EXHIBIT A
RESOLUTION # 2063
That part of the Nor�hwest Quarter of the Northwest Quarter of �
Section 36, Township 118, Range 23, Hennepin County, Minnesota, described as foilows: �
Beginning at the northwest corner of said Northwest Quarter of the Northwest Quarter; thence on a
bearing of South, along the west line of saitl Northwest Quarter of the Northwest Quarter� a distance
of 759.60 feet; thence on a bearing of East, a distance of 990.71 feet; thence South 76 degrees 41 min-
utes 36 s�ontls East, a tlistance of 356.42 feet to the east line of said Northwest Quarter of the
Northwest Quarter; thence North 0 tlegrees 18 minutes 21 seconds East along the east line of saitl
Northwes4 Quarter of the Northwest Quarter to the north line of said Northwest Quarter of the North-
west.Quar#er; thence South 89 tlegrees 44 minutes 42 secontls West along the north line of said
� Northwest Quarter�of the Northwest Quarter to the point of beginning.
� � For purposes of this description the south line of said Northwest �uarter of the Northwest Quarter is
•assumed to bear North 89 degrees 34 minutes 51 s�onds West. . s
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i That part of Government Lot 1, Section 36, Township 118, Range 23, Hennepin County, Minnesota, -�
' described as follows: �
� B�inning at the northwest corner of said Government Lot 1; thence South 0 d�rees 18 minutes
� 21 secontls West, along the west line of saitl Government Lot 1, a tlistance of 582.74 feet; thence
North 37 degrees 03 minutes 07 seconds East, a distance of 45.63 feet; thence North 15 degrees
12 minutes 57 seconds East, a distance of 158.42 feet; thence North 51 tlegrees 48 minutes 47
s�onds East, a tlistance of 139.55 feet; thence North 71 tl�rees 15 minutes 30 seconds East to �
the shore of Lake Lydiartl; thence northeasterly, along the shore of Lake Lydiard to the north line
of said Government Lot 1; thence North 89 degrees 16 minutes 32 seconds West along the north line
of said Governmenf Lof 1 to the point of beginning.
For purposes of this tlescrip'tion the south line of said Government Lot 1, is assumed to bear North 89 -�
tlegrees 34 minutes 51 s�ontls West. � �
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