HomeMy WebLinkAboutResolution 2800 �
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. � F� C�t : .o� �ORONO� . . . . . _
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• � `-.'.� RESOLUTION OF THE CITY COUNCIL
� . NO. 2800
• - • •
A RESOLDTION GRANTING `
A CONDITIONAL IISE PERMIT PER ,
, ' MLJNICIPAL ZONING CODE
SECTION 10.20, SIIBDIVISION 3 (M � N)
AND S$CTION 10.23, SDBDIVISION 4 (A)
FILE #1508
WHER$AS, Donald Olson (hereinafter "the applicant") is
the owner of the property located at 4590 North Arm Drive within
the City of Orono (hereinafter "City") and legally described as
follows :
The South 854.50 feet of the West 280. 00 feet of the
Southeast quarter of the Northwest quarter of Section 6 ,
Township 117N, . Range 23W of the 5th principal meridian,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono
for a conditional use permit to permit the keeping of horses on a
• property within the LR-lA Single Family Lakeshore Residential
zoning district per Municipal Zoning Code Section 10 .20 ,
Subdivision 3 (M & N), and Section 10.23, Subdivision 4 (A).
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota: .
FINDINGS
l. This application was reviewed as Zoning File #1508
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District, in which the keeping
of domestic animals for non-commercial purposes is a
conditional use.
3. On April 16 , 1990 , the Orono Planning Commission
reviewed the application as proposed and recommended
approval on a vote of 4-2 , based upon the following .
findings:
A) I,ot area is 5.49 acres , all of which is dry
buildable land.
B) The applicant is requesting permission to keep 2 �
. horses on the property. In Orono' s rural zoning
district, only 4 acres would be required for keeping 2
horses.
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.: � � _- � � :C�t� o� ORONO
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� Q� „� RESOLUTION OF THE CITY COUNCIL
- � _ . NO. 2800
• - • • - , .
� ) The west boundary of the property abuts the RR-1B
rural residential zoning district.
D ) Keeping horses on the property would not be
detrimental to the neighborhood and would have no
significant effect on neighboring properties, as long
as the horses are kept to the rear of the property and .
housed in a suitable shelter.
E) The property is located approximately 900' from the
dredged channel abutting North Arm, and approximately
1,800' from the lake ,proper. Keeping of 2 horses on
the property will have no negative impact on the lake.
4. 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 affect of the proposed use on the health, safety,
and welfare of the community.
• 5. The City Council finds that granting a conditional use
permit to allow the keeping of 2 horses on the property will
not be be detrimental to the �health, safety or general
welfare of the public, would not adversely affect light, air
nor pose a f.ire hazard or other danger to neighboring
properties, nor will its use 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 Plan of the City.
CONCLDSIONS, ORDER AND CONDITIONS
. Based upon one or more of the above findings, the Orono
City Council hereby grants a conditional use permit per Municipal
Zoning Code Section 10.20, Subdivision 3 (M & N)� and Section
10.23, Subdivision 4 (A) to permit the keeping of up to 2 horses
on the 5.49 acre property located at 4590 North Arm Drive,
subject to the following conditions:
l. No pasture area or animal housing structure may be
located between the street lot line (south lot line) and the
front line of the house.
2. Up to 2 horses may be kept on the property in a
structure meeting the above noted location requirements as
, _. wel l as other 'standard horse barn location requirements. It
is:further stipulated that if the horses are to be kept on
: . � the property through the winter, a suitable shelter shall be
•_ ..:. _� provided by October 31, 1990. .
>_ . _
� : _ ._, _ 3. �,-The existing garage/canopy structure located between the_ _
"" house� and North Arm Drive may not be used for housing � ,
horses.. Any proposed structure for the housing of horses _
• � �-- must meet the following required setbacks:
_ _ _ _ - page 2 of 4 . . _
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. �.� ,�,;� Ci.t o� ORONO �
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• � �s
C�'I'r ,; RESOWTION OF THE CITY COUNCIL
� ' NO. 2800
• - • •
a) 75 ' from all property lines;
b) 150 ' from any neighboring residence structure;
c) no closer to North Arm Drive than the existing
residence structure on the property.
c
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 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 14th day of
• Ma , 1990.
AT ST:
� ���
ot y H ^1 �n, Ci � lerk Jame�R. 'Grabe Mayor
� J _ �.. � S ��..
Pr e ty Owne s) '
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on
this 14th day of May, 1990, by James R: Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf -
of the City.
'/C/GCLf/"
�,. NAAg Notary Public
TA E RUeu.MINNE�TA
� �HE����°�e-8-� 9-�-9�
� �► My, Commission Expires
• Page 3 of 4
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. . . � ? yN Cit o� ORONO . .
�
� C'I�'I ' RESOLUTION OF THE CITY COUNCIL
� � ' NO. 2800
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Q�
On this 1 (�` d�y of , 199 Q
before me a Notar Public w' in �nd f s�id county, personal�y
�ppeared
known to me to be the person(s described in and w o executed t e
foregoing instrument, and acknowledged th�t he (they) executed -
the s�me �s his (their) free act �nd deed.
•
� SH�RLEY S.URSON � NOTARY PUBL C
�HOTARY PUBLIC—MINNESOTA
HENNEPIN COUNTY
. Ml►Commission Expires Dec.2,1992 ��.— � — c1�
•v �
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this J� y�` d�y of �la,y , 199 0 , before me a
Notary Public within �nd for said C ��, personally �ppeared ,
�/'rG �`N%� S. d/s o.•i �/,����y`/S k nown t o
me to be the person ( s described in �nd w�ho executed the
foregoing instrument, and �cknowledged that he (they) executed
the s�me �s his (their) free act �nd deed.
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NOTARY PUBLIC .
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�� �p•� OROT F. HULTZ ��
'�, or Rr ,�,i_��.�•�NN orA MY COMMISSION. EXPIR S
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Commis�JNEP CO �.
• on ExD r.,;:;ar;,it 3, 1981
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` a dVIqRY PUBL�C-MINNtJUt� '
JiENNEPIN COUNTY
�'"". My Commission expires 9-24-91