HomeMy WebLinkAbout#4029-CUP-1998 � w
_ ^
� O�
O O
�b� - � CITY of ORONO
a �
ti
�'C� �,�' RESOLUTION OF THE CITY COUNCIL
��kESHOg'� NO. � r� '�. '� `
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3(M)
FILE NO. 2289
WHEREAS, Jon M. Pendleton (hereinafter the "applicant") is the owner of the
property located at 350 North Arm Lane within the City of Orono (hereinafter "City") and
legally described as:
Lot 2, Block, 1, Markoe Addition, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit
to permit the seasonal keeping of a horse on his property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #2289.
2. The property is located in the LR-lA Zoning District. The property consists of
4.4 acres.
3. On January 20, 1998, the Orono Planning Commission reviewed the application
as proposed and recommended approval based on the following findings:
a. A University of Minnesota extension educator specializing in animal
feedlots indicated the pasture sites will not negatively affect the
waterways or neighborhood.
b. Pasture #1 is not considered a feedlot as it allows more than 1 acre per
animal unit. This pasture meets the 75' lakeshore setback. Pasture #2
is considered a feedlot as it allows less than 1 acre per animal unit. This
pasture meets the 300' feedlot setback from waterways. Exhibit A is the
survey depicting the location of the pastures.
Page 1 of 7
� � �
� , ,
� O�
O O
��� CITY of ORONO
� F
�� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�g'� NO. '�. � �' �'}
c. The combined pasture area of 1.81 acres where 2 acres is required for 1
animal unit is suff`icient as the horse will be rotated between pastures and
will be provided additional feed.
d. A 10' drainage easement separating the pastures inhibits the ability to
have one contiguous pasture area.
e. The horse would only be kept on the property during the non-winter
months.
f. No structure for the horse is required or proposed.
4. The City Council finds that granting a conditional use permit to allow the
seasonal keeping of one horse on the property will not be detrimental to the
health, safety or general welfare of the public, would not adversely affect light,
air nor pose a fire 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.
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 conditional use permit on the
health, safety and welfaze of the community.
CONCLUSIONS, 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)
to permit the keeping of one horse on the subject property during the non-winter months,
subject to the following conditions:
Page 2 of 7
. w
, �
7 O I
O O
��b CITY of ORONO
� �
�� G'�' RESOWTION OF THE CITY COUNCIL
�9kESH0g'� NO. i� � �� �
1. The applicant shall follow best management practices as suggested in the
attached letter dated February 6, 1998 from Jeremy Geske, University of
Minnesota extension educator specializing in feedlots (E�chibit B).
2. Manure shall be composted and contained on site within one of the pasture areas
in a location that will not adversely affect water quality as determined by Mr.
Geske and approved by staff.
3. Authorities granted by this resolution run with the property not with the owner
but are permissive only and must be exercised within one year of the date of
Council approval or the special conditions of this resolution will expire on that
date (February 9, 1999).
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 9th day of February, 1998.
ATTEST:
, ,
:%:-�-�� ��:�, i�:} - � �'—'`--
Linda S. Vee, City Clerk Gabriel abbour, Mayor
f i
'�-��� �!, ���
P o erty Owner(s)
Page 3 of 7
� ,
< <
� O�
O O
�b C ITY of ORONO
.� �
�� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESI;OS�`'�' NO. �'�� � ?
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instnunent was acknowledged before me on this 9th day of
February, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
�� '
'" JAMIE L GB�IAR Not Public
:-„• .
. � �N��ESOTA
��w� ��������LYW
Page 4 of 7
� w
. . �.
� O�
O O
��e CITY of ORONO
.� �
��� �p'�' RESOLUTION OF THE CITY COUNCIL
�kESH�g' NO. � � � �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /�o�' day of `�'yL,�o�.�i , 1998 before me a Notary Public within and
for said county, personally appeared
known to me to be the person(s) descri e in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
' JAMlE L GEMAR ���J
"� ' NOTARrPI�OTA NOT PUBLI
I�N1001�iTY
M!►ComN�M o�BOYes Jn 31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ),
On this��'�� day of L 199 '�' before me a Notary Public within and
for said county, personally ap eared �l� � ,e,. �,� .�,r�.� `'
known to me to be the person(s) described and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
� ; ��=���.'hJ
NO� Y PUBLIC
�L GEMAR
:"^� NOTAAYPl1BLIC-MINNESOTA
:- . �' HB�INEPIN COUNTY
•,.•••° My Commission Expires Jan.31,2000
::.vr � "y
Page 5 of 7
2422 Enterprtse WIw
� • �* ** Mendota Ha�ghla, MN 55120 � �
*PIONF3EF! • ,,,,,,,,,,,,�,o.,•a„«„�p„ (612) 681-1914 FAX:681-9488
�` e�g neer ng ��•���R°" 625 H(qhwoY �o N.e.
7f * 8laina YN 55434
��c * (812) 783-1880 FAX:783-1883
Certificate of Survey for: JON PENDLETON
350 NOR1H ARA1 LANE
�
/ �67 u�r'' N89'48'39'W �•�`� 4�KS549.69 �
,��1•v 16 2 !a.6 `��� •�� .
N89'48'39'W 231.50 �60� .yo `; � M
• o i�i ---------� i�%���/��' { Fa � N
W I33 �� I � � �PASTURE N0. 2 �4'y pASTU O. �a � W �___�.EDCE OF CHANNEI PER PLAT
,� 1�5.00 �� � � ��, R- ,�r---------�"✓ / ��''� ' z'iS-►I ,
� N89 48 39'W J `'�'�'as°�A�'i i Q�',�'� ' � /�?�+' (� �`us� � •r
— �`' r //////J/� � - -� oWZ z
� � I ;„ � "/ L���������/ � ���.<J��j LLiJ � �'
� ' S
O
^ �'".� ' ---- ---- '—L= - ..- --, �—=J
� Z L ___——_—i———————————— —————
� tB3.S � � •DRAINAGE dc UTILITY �
I S� o S89�48'39�E EASEMENT PER PLAT 1O1Z6B
Z '
rqlE: ppOPO5E0 p+ADEi SNOMn WR dUOr�G PI.AN Br. � . �(�OPOS D H �S VATION
ao�[;euxowe wENsons aaw uiE rort Haem+r,LL uro oEnne�t�a�naN LOWEST FlO�t ELEVATION:
or smuen�+cs aar.scE u�wtEtiva vw+s rox eunar+c u+o
fqJN0Al10N pYCN40NA TOP OF BLOCK ELEVA710N:
NOIE:NO SPEdM SOILS NYESIICALON NAS BEEN CO�PLEIED ON iM3 LOT BY ME
wm�,rpi,tH[suue�un as sau m Awvanr na svcax� CARACE SLAB ELEVATION:
PROPOSEO K NOf ME IIESPWSIBIUTY OI TIE SUR�fYOR.
NOIE• AMS CENiV�CATE 00[S MOT%MPORT TO SIIOM EASEYENi4 OMER MAN 1f OOO.W DEMOTES E1o31wG EIE�AIICl/
11WSE SNONRI ON ME NECOROED YUi. (000.00) OCNOlE4 PROPOSW EICVATON
___ OENOTES DRANACE AND U11UTt EASEYENT
� NOIE:CpI7RAClOR YUSf UEIYfY ONVEWAY OE9fS�. DEN01[4 OMhNACE ROM OMEC110N
N01E: BE/J1�C5 S�WMM ME BASED ON u1 ASRIUED OA1VY t �TEs���T
� $ OENOI[S KiXT MR
WE HEREBY CERDFY TO JON PENDIETON THAT THIS IS A TRUE ANO CORRECT REPRESENTAiION Of A
SURVEY OF THE BWNDARIES OF: ,
LOT 2, BLOCK 1, MARKOE ADDITION
� HENNEPtN COUNTY, A1INNESOTA
IT DOES NOT WRPORT TO SHOW IAIPROVEMENTS OR ENCHROACH�AENTS, EXCEPT AS SHOWN. AS SURVEYEO 8Y 1AE OR
UNDER MY DtRECi SUPERVISION 7HI5 17TH OAY OF NOV., 1997.
GNEO: PiONEER EN EERi , P.A.
SCALE : 1 INCH m 100 FEET _ �
John C. Lason. L.S. Rag. No. 19828
917 932�.00 SMA(
�
�I�
� X
�
k�w � �
� T�
�
, . �
. w
�
L1N1VfiKSITI' Cl� MINN�SUTA � ��/�, r �
��.t�nS10 :� .-.
n 4n � L:
February 6, 149R
nakotH T�� �rad Bressler,City ofOrono
Copnty FR: Jcrcmy Geske,Extensi�n Educator, Livestock Syste
DAl(OtA COUNTY CXTGNBiON 6
CONSERVATIpN CENTER
R$: Jon & Meg Pendletott's request to keap 1 horse...
41(Ml•22O Sirc�t �1'.,
�"''` �"� CC: Jon c�c Me Pendleton
I�arntin�lim.MN SSq.>.�•y5ic) g
oHONG The Pendteton's wish to keep one horse,f�r approximAtely six m�nths of thc year, on
<<'�'��'`��'������ their property. The total arrtuunt of manure produCtion from �ne for half a year is
�oo relatively minor. t have reeommended a few management practices that sho�ld ensure
�6�2�K`��-7�qy that the manure will not be a pollut�on problem.
FAX
cc�I2�a�.3_xtx�2 •:• When building the two lots where the horse will be kept,fallow city(and/ar counry)
wee reyuired/recommended se;backs from shoreland and septic system.
hqp:l/www.eztenslor�.umn,ea�i s' 7'hree arcas of conccrn were the lakeshore,the septic system and the small creek
�tlakote/ lhr�t cuts across the property and empties intc�the lake. The creek is hasically
e.MA,� nnly�a concern during spring run-off f�on, snowmett. Since the horse wi11 not be
tlekote@exlpnNOn.umn.edu kept on the property over winter,this shouldn't be a problem.
❖ Alaintain a vegetation cover on the horse lots if possible.
Y Meg& Jon ttave expressed their wil)ingness to provide su��lemental forage
(hay)to reduce grazing pressure on the lots. I would be happy to inspect the site
at the end of the first summer to evaluate the vegetative cover.
Y If ttic lots becorne devoid of vesetation,there are twp things I would recommend:
■ It w�uld be very easy to design a cleati water diversipn that would l:e8p nin-
of�'from flowing over the lots.
■ Set up a mAnure composting pile.
]f it is deemed that a compost�ile is necessary;I �vould be happy to�vork with the
Pendleton's to desifin a systcm for them, Compost pilcs quickiy and efliciently convert
rnanure into organic mattcr that can readily be used as fertilizer for gardens or fietds,snd
they �re relatively odorless. We cnn design a system that is not in t��e palh of run-of�',and
by putting a fence around it,we can keep the area aesthetically pleasing. We've talked
about this,and they are more than willing to do whatever is necessary. 1 can provide
details on how often the lot nceds to be cleaned,the c�mpost pile emptied,etc.
I would also like to add that Jon Bc Meg give me ev�ry indication that they are not only .
willing to, but a1so.Yant ta manaqe their horse in a way that is healthy for the horse and
safe for tfie environment. They have made connections with a vetcrinarian,otl�er h�rse
owners,tln'tversity nf Minnesots Extension staff and other�rofessionals to assist them as
ihey care for this horse. They clearly 1�ave the resourees and the desire to do things right,
and 1 see no rcason to deriy ttteir request.
Jon R Mes may cal!on me to pruvide inforn�ation or nssistan�c in these areas, lf you
have any questions,l can be rcac}�ed at(612}891-7704.
U,�lrr,ai<<•�,/'Ati,��,�>.er,rct. U.S, I.�c��art,rrcvN�f'A�rirwft�rre', auel Alrrrursr�ts.t Gt,rurlic•.c f'uapr�rr�tiN,k