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Home My WebLink AboutResolution 2825 e . . i �J � . e <. , a � :� .� �: c�t o� oR,oNo . � • /I � ,�` RESOLUTION OF THE CITY COUNCIL � ' •,' NO. 2825 • - • • A RBSOLIITION GRANTING AN AF'TER-TH$-FACT CONDITIONAI� IISE P}TRMIT PER IKUNICIPAL ZONING CODE SECTION 10.28, SIIBDIVISION 3 (A) AND S$CTION 10.03, SIIBDIVISION 19 AND GRANTS VARIANCES TO SECTION 10.28, SDBDIVISION 5 (B) AND SECTION 10.28, SIIBDIVISION 4 (A) FILE #1512 WHEREAS, Steven J. Ruce (hereinafter "the applicant") is the owner of the property located at 4625 West Branch Road within the City of Orono (he;reinafter "City" ) and legally described as follows: ` The east 60 feet of Lot l, Block l, West Branch Hill, and the south 168.71 feet of the north 208.71 feet of the east 208.71 feet of the northwest quarter of the northwest � quarter of Section 07, Township 117, Range 23, Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, per Section 10.03, Subdivision 19 and Section 10.28, Subdivision 3 (A) , the applicant has applied for after- the-fact conditional use permits to permit an 8'x9' greenhouse addition to the rear of the detached accessory garage structure; and to permit land alterations in excess of 100 cubic yards resulting in a tiered garden within the street yard of the property; and variances to Section 10.28, Subdivision 5 (B) to a11ow a retaining wall 4'4" 8' from the front street setback line where only a 3'6" retaining wa11 is allowed within the 50' front/street yard, and a variance to Section 10.28, Subdivision 4 (A) for approval. of a variance to the home occupation 'standards of the code that would allow employees to work that.do not reside within the residence on the property. NOW, THER$FOR$, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning Fi1e #1512 2. The property is located in the RR-1B Single Family Rura1 Residential •Zoning District requiring 2 acres of dry �' contiguous lands. • Page 1 of 5 _ , . � _ `R' „ � :, � . :�� . c�t o� oR,olvo � • �'� RESOLUTION OF THE CITY COUNCIL � NO. 2825 • - • • 3. The property consists of 54,108 s.f. or 1.24 acres. 4. The Orono Planning Commission reviewed this application on April 16, 1990 and June 18, 1990 and recommended approval : of the proposed variances to Section 10.28, Subdivision 5 (B) and Section 10.28, Subdivision 4 (A) ; and per Section 10.03, Subdivision 19 and Section 10.28, Subdivision 3 (A) recommended approval of after-the-fact conditional use permits based on the following findings: A) The greenhouse additions do not function as commercial greenhouses as they are not served with heating or cooling systems. These specific structures are used for storing plants in the spring as protection from the change in temperatures and are not growth areas and serve predominately as storage areas. . . .• B) Although p lantings within the tiered gardens are used in clients' gardens, the garden area appears similar to other garden areas on residential • pro�erties. The applicant hires an outside individual to tend the gardens and is not employeed by the home occupation. C) At the Planning Commission meeting of Apri1 16, 1990 the following neighbors made the following comments regarding Mr. Ruce' s home occupation: Lavern Dunsmore stated "Mr. Ruce's property is beautiful and has been enhanced tremendously." Jim Stephenson stated "Steve's business is unlike any other. He is not a landscaper, he is a gardener and is very low keyed. You can talk to any of the neighbors and they will all agree that Mr. Ruce has very little impact upon the neighborhood. It is a beautiful area and we would like it to remain." D ) All material and equipment used in the home occupation are not stored within view of the public street or adjoining 1ots. � Page 2 of 5 . 1 . , . ' ' :•', , _ _��M��-��q�`� Cit o� ORONO ��::�� :r�� ' � �-�, ...��. t:a �r r:�' :-..�,,�. RESOLUTION OF THE CITY COUNCIL , .�.` *" NO. 2825 � - � • > 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 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 al leviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Cade and Comprehensive Plan of the City. 6. The City Council finds that granting after-the-fact conditional use permits to allow the 8'x9' greenhouse addition to the rear of the detached accessory garage and the tiered garden within the street yard will not be detrimental to the health, safety or general welfare of the pub,lic, would not adversely affect light, air nor pose a � � fire hazard or other danger to neighboring properties, nor wil 1 it depreciate surrounding property values and that the • proposed leve 1 of use of the property wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORD$R AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code � � Sections 10.28, Subdivision 5 (B) and Section 10.28, Subdivision � 4 (A) and per Section 10.03, Subdivision 19 and Section 10.28 , Subdivision 3 (A) grants after-the-fact conditional use permits � as noted in detail above, subject to the following conditions: 1. No retail sales activities can be conducted on the property. 2. A11 materials or equipment to be stored outside shall � continue to be screened from view when observed from the . public street or adjoining residential lots. . 3. No signs are permitted other than those normally allowed in residential districts. - Page 3 of 5 " � �� , . .. . � , . , , , • - . . •, � � :� C�t o� ORONO � • � RESOLUTION OF THE CITY COUNCIL � NO. 2825 � • - • • 4. Employees involved with the home occupation are not • allowed to work on the site. All employee vehicles must be . stored within the accessory structures on the property during the work day and all work vehicles must be stored within the structures when not in use. 5. As property is substandard based on the existing. RR-1B rural residential zoning district area standards containing 1.24 acres, the applicant is placed on notice that no further landscaping expansion is approved for this limited site (this includes greenhouse expansions) because of the area needed for future septic use. 6. Applicant to obtain penalty building permits for . greenhouse addition to detached accessory garage and retaining walls within tiered gardens. 7. 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 by • July 16 , 1990 or the the special conditions of this reso lution wi I 1 expire on that date. 8. Violation ,of or non-compliance with any of the terms and conditions of this resolution sha11 constitute a violation of the zoning code, shall automatically terminate any � authority granted herein, and shall be punishable as a misdemeanor. 9. 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. Adapted by the Orono City Council on this 9th day of � Ju1 , 1990. AT T: ' ` I � ` Do ot y allin, City �er�C Jam R. Grabe Maya"r � �� • Pro rt 0 ) Page 4 of 5 . . �- - . � . . '� > ,, < , �� { `� � C�t� o� ORONO ��r: ��N. � ;. � ? ��' RESOLUTION OF THE CITY COUNCIL :�` 'h � 2825 �`�f NO. • - • • STATE OF MINNESOTA ) - ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 9th day of July, 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. THERE3A L. NAAB ✓�/� � �•, NOTARY PUBLIC- MINNESOTA i7 HENNEPIN COUNTY r�t . 6Ay commission expiras 9-5-92 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • On this 9th day of July, 1990 before me a Notary Public within and for said county, personally appeared Steven J. Ruce, Joint Owner, 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. THERESA L. NAAB NOTARY PUBIIC-MINNESOU � HENNEPIN COUNTY . •; MY commtaaton explroa 9�8-s2 . N ARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this 25th day of July, 1990, before me a Notary Public within and for said County, personally appeared John A & Joyce D. Ruce, � Joint Owners, 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. .o•.a•d�� j'` LEAH L-•�A�NACLE � �ARY P�E��''M��'�ry TA ,NOTARY PUBLIC � � � � � �1s HEi�NE�(��a,ti��a e 5 of 5 a p �M� Q ��r. �n7��N��M/��d�M��!�� ` . 1 .�r��si�a�� . _ ,