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Home My WebLink About#4836-CUP-2002 � o� o .�� o a�,.�.�-� CITY of ORON� � �� _ �� ,�\ ��,.��, RESOLUTION OF THE CIT� �04U,�N�C91L kESH04 NO. A RESOLUTION GRANTING A CONDITIONAL USE PERt'�TIT PER SECTION 10.20, SUBDIVISION 3 (M) FILE NO. 02-2797 WHEREAS, Sandra Smith and James Murphy (hereinafter "the applicants"), are o��ners of the property located at 30 Orono Orchard Roau North within the City of Orono (hereinafter "the City") and legally described as follows: Lot 10, Block 1, Orono Oaks, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (tii)to permit the keeping of 1 additional horse on the property, keeping a total of three horses on the property; and WHEREAS, after due published notice and mailed notice in accordance with I�Iinnesota Statutzs and the City of Orono Zoning and Planning Codes, the Orono Plannin� Commission held a public hearing on July 1�, 2002, at�vhich time all persons desiring to be heard concernina this application�vere given the opportunity to speak thereon. NO�V, THEREFORE, BE IT RESOLVED by the City �Council of Orono, Minnesota: FINDINGS 1. This application �vas reviewed as Zoning File #02-2797. 2. The propert�� is located in the RR-1B zoning district. 3. The Orono Plannin� Commission reviewed this application on July 15, 2002 and recommended approval by a vote of 6 to 0. 4. The Planning Conunission made the follo�ving findings of fact: A. The propert}� is located in the RR-1B zoning district �vhere horses are a permitted accessory use. Paae 1 of� � O� O 4 � CITY of ORONO ' i � 17'I ,,, ;., � �� G~' ' RESOLUTION OF THE CITY COUNCIL ��kESYi�� NO. /� 42 Q2 � B. Section 10.20, Subdivision 3 (M) gives the Council the discretion to reduce the required pasture acreage if the horses do not require pasture for feed purposes (this is the reason for the Conditional Use Permit request). The Smith/Nlurphy horses do not require pasture land for feeding. C. The property contains a 0.4 acre pasture area and a barn. The barn was constructed prior to any of the current standards relating to barns. Current standards require the barn to be located 75' from any property line and 150' from any adjacent residence. The barn is located approximately 20' from the Luce Line right-of-way to the south, and approximately 20' from the west property line. The barn is more than 200' from the north property line and 500' to the east property line. D. The applicants own the property to the west. The residential structure on that lot is approximately 60'from the barn. The next nearest residential structure is 270' and south of the Luce Line Trail. The Luce Line Trail is also a horse trail. The property being adjacent to the Luce Line provides additional opportunity to exercise the horses. E. In 1997 the applicants contacted the University of Minnesota Extension Service to conduct a site visit to determine if any potential pollution impacts were present on the property. It was the opinion of Jeremy Geske,Extension Educator, specializing in Livestock Systems that due to the size of the operation and the way it is managed that any impact to the wetland from runoff from the site is extremely minor. F. The use of the property for 2 horses has been allowed to continue over the years as a legal non-conforming use and the location of the barn was legally established since it was constructed prior to standards that required specific setbacks. 5. The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfare of the public,will 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 Page 2 of� , �O� O O � � CITY of ORONO 3 � � �. � F �� , G~' ' RESOLUTION OF THE CITY COUNCIL L`�kESIIOg'� N0. � S� � � Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the applicants and the affect of the proposed use on the health,safety,and welfare of the � community. CONCLUSIONS,ORDER,AlV'D CONDITIONS - Based upon one or more of the above findings,the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (M)to permit the keeping of 1 additional horse on the property,keeping a total of three horses on the property,subject to the following conditions: 1. The applicants and any future property owners shall maintain an adequate manure management program. The City of Orono reserves the right to review this conditional use permit should it be determined there is a significant environmental concern related to the approvals granted by this Conditional Use Permit. 2. Authorities granted by the conditional use permit run with the property not with the applicants. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned property owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 � O� O O � � CITY of ORONO � �� . � p RESOLUTION OF THE CITY COUNCIL ��kESI3��'� NO. n S2 � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of July, 2002. ATTEST: .-, tj , � G�� _. �;a, .�t, ,� Linda S. Vee, City Clerk Barb A. Peterson, Mayor �'��r�-- ��- Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN 1�f�-L� �+C_C� .Lt:J�- The foregoing instrument was acknowledged before me on this�d day of J�tly,�002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,.. ..... _.�..�.. �; " -�__.,, � RACHEL DODGE � �. ` .� N0T,4RY PUBLIC-M1Ntd'c""'JTA � ,, Q Mly Corrunissbn Expires Jan.31,2^:?5 ��-�-�"-��.. C-`�� ""' Notary Public ,. . .. .. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this / �� day of �<<�`,�` `�� + , 200 �� by Linda S. Vee, City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. /�)�'�c�-C�-�---,�' `��:��<.�'�� Notary Public � Page 4 of 5 . , ' � O _V O O �� CITY of ORONO ,� -- ;-. � �� ti ti RESOLUTION OF THE CITY COUNCIL �L� ' 4�G . kESi;� NO. _ dR � � STATE OF MINNESOTA COUNTY OF HENNEPIN �,� � . On this�day of 6'� ' �. F�L , 20 tk3, � � 4�� .I� �u, ��1��' personally appeazed before me, �,/ who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/�rmation , a credible . witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. y � j � RACFicL DODGE ��, `'{ 4L--L--�� C �� NOTARY FUBUC-Ni�:��'�"OTA `' ' My Commission Expires�z�,.??,zCo5 �? Notary Public +��f;i::a��,_.�_:.iYi.'v+:.G.a:.�'�=.i<.,�:..�..:/:<��''=, . . STATE OF MINNESOTA COUNTY OF HENNEPIN On this��day of j� !J v�.��`,�p D�; �� y'�=CY"a ��i��'I� fY�i'j'7Fa� personally appeared before me, who is personally known to me _�whose identity I proved on the basis of rn� ��-- whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. p� ��' � �.�c�c � � .. C�':_...�-� . ^ � �C� �-,�-�-. � �� (V1Ci iG��r'.R%r . r` - . " `-� „� �'� ' Notary Public NOTARY r"U��I ,�' - My Commission Expirc��c.: . ,.?^,�� _.' _,�;-•,•_.�-_ � Page 5 of 5