HomeMy WebLinkAboutResolution # 4146 /Y
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K ��''����`� �G RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03 SUBDIVISIONS 19-21
FILE NO. 2398
WHEREAS, Wayzata Country Club (hereinafter the "applicant") is owner of the
property located at 200 West Wayzata Boulevard within the City of Orono (hereinafter "City") and
legally described as follows:
EXHIBIT'A' ATTACHED
(hereinafter the "property"); and
WHEREAS,the applicant has made application for a conditional use permit for land
alterations regulated under Zoning Code Section 10.03, Subdivisions 19-21for the purpose of
constructing or reconstructing tees and bunkers, and to permit the expansion of 3 pond areas on the
property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2398.
2. The property is located in the RR-1B Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on August 17, 1998 and
recommended approval of the conditional use permit for the tee and bunker
construction/reconstruction elements of the proposal based on the following findings:
a. The tee and bunker plan involves reconstruction of existing tees and bunkers
and/or the creation of new tees and bunkers on each of holes#1-18.
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b. No parts of the tee and bunker plan involve excavation within designated City
wetlands or in wetlands designated by the National Wetland Inventory.
c. Each of the many individual grading projects(which as a group comprise the
tee and bunker plan) appear from the submitted grading plans to have no
impact on neighboring properties, and none will result in changes in the
characteristics of the watershed. A majority of individual projects will
involve fill in amounts less than 500 cubic yards.
d. The proposed expansion of ponds on holes#5, 6 &12 will require additional
detailed review as well as potentially require permits from other agencies with
jurisdiction over wetlands. The ponds on#6 and#12 are NWI wetlands and
that on#6 is also a City-protected wetland.
e. The proposed tee and bunker construction/reconstruction program is intended
by the applicant to take place over a period of years, and it would be
appropriate that the City approve the entire master plan for such construction/
reconstruction and allow City staff to issue a separate land alteration permit
each year to the applicant for project elements proposed for that year,without
requiring additional Planning Commission or Council review.
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 effect of the proposed use on the health, safety and welfare of the
community.
5. The City Council finds that granting a conditional use permit for the construction
and/or reconstruction of tees and bunkers as proposed 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 property, nor will 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
Plan of the City.
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=-:, fp- CITY of ORONO
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KIt ��^�� �Gti/' RESOLUTION OF THE CITY COUNCIL
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby grants
a conditional use permit per Section 10.03, Subdivisions 19-21 to permit the construction and/or
reconstruction of tees and bunkers per the Master Plan by John Fought Design dated December 5,
1997. Approval is subject to the following conditions:
1. The tee and bunker reconstructions are approved per the submitted plans, subject to
issuance of a land alteration permit to be obtained annually by Wayzata Country
Club prior to commencing that specific year's projects. Any plan revisions would,
at staff discretion, be subject to further Planning Commission/Council review.
2. The submittal for each year's plans shall include a more detailed survey for those
portions of the course where grading will be near lot lines, to ensure that lot lines are
staked and that grading will not encroach within 5' of those lot lines.
3. The applicant is advised to have this concept plan reviewed by, as a minimum,the
Minnehaha Creek Watershed District,the DNR and the City of Wayzata to establish
whether any additional approvals are required for the tee or bunker program by those
agencies.
4. All grading work shall be subject to conformance with the "Best Management
Practices for Protecting Water Quality in Urban Areas", and proper erosion controls
and immediate revegetation of all disturbed areas shall be required.
5. The ponds to be expanded on holes#5, 6,and 12 are specifically not included in this
approval. Land alteration work involved with these pond expansions will require
additional engineering detail and review by other jurisdictional agencies prior to
approval. Note that specifically in the case of the pond on hole#6, the expansion of
the pond requires a variance since it is a City-protected wetland.
6. Authorities granted by this resolution run with the property not with the owner,but
are permissive only and must be exercised by application for an initial annual land
alteration permit within one year of the date of Council's approval, or the special
conditions of this resolution will expire on that date (August 24, 1999).
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7. 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.
8. The undersigned authorized representative of Wayzata Country Club 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.
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CITY of ORONO
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\� ��^��r Gti j RESOLUTION OF THE CITY COUNCIL
9 4 NO. 4146
Adopted by the Orono City Council on this 24th day of August, 1998.
ATTEST:
‘7-eZt.i
i a S. Vee, Cit Clerk Gabri Jabbour, Mayor
Property Owner(s)
utprir
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of August,
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.
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CAROLE A.HASEMA.N 67_4'We/< .. .r �a.a.c�
r -� % NOTARY PUBLIC-MINNESOTA NotaryPublic
a4 HENNEPIN COUNTY
My Commission Expires Jai.31,2000
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\�� \__ 1� 6,~/� RESOLUTION OF THE CITY COUNCIL
\�1 4i,.. NO. 4 1 4 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,4 R-t" day of A cj u�-i-- , 1999 , before me a Notary Public
within and for said County,personally appeared R ,,,t bsft/, i r;„4P„J,M-1- iff iat ,_f-,„O0,„t7 (i/u 6
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.
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. , .- CAROLE A.HASEMAN' ; AJ c.,11,,,,-
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' .,4, NOTARYPUBLIC-MINNESOTA
'
HENNEPIN COUNTY Notary Public
My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 , 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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Parcel 1: All of the following described Tracts:
:::Tract 1: A].l of Lots 59 and 60 and that part of Lot 64 lying easterly of
• the easterly *line of the West' 1/2 of the Northwest Quarter of
Section 1, Township,117, Range 23'and that portion of the •
abandoned road formerly known as County Road No. 27 which •
separated Lots 59 and 63. Auditor's Subdivision Number 184 from
Lots 60 and 64, said Auditor's Subdivision Number 184 lying
between the southerly extension of the east line of Lot 59, said
Auditor's Subdivision Number 184 and the easterly line of the
Town Road as now laid out and traveled, which line is 33 feet
northeasterly (measured at right angles) to the following
described line:,, Commencing at the southeast corner of the
Southwest Quarter of Section 36, ,Township -118 North, Range 23
West; thence north along the east line of said Southwest Quarter.
348.4 feet to the. actual point of beginning of the line to be
described; thence -deflecting right in a southeasterly direction
at an angle of 157 degrees 55 minutes to Trunk Highway No. 12 and
• there terminating, all in Auditor's Subdivision. Number 184 .
Hennepin County, Minnesota. according to the plat thereof on file
or of record in the office of the Register of Deeds inand for..
said County.
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Tract 2: Lot 65, Auditor's Subdivision Number 184, .Hennepin County,
Minnesota, according to the plat thereof on file'or of record in
the office of the Register of Deeds in and for said County.
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_tact 3: Lot 61 , Auditor's Subdivision Number.- 184, Hennepin County.
Minnesota, except that part of the.•south 175 feet thereof lying
east of the west 51 feet and lying_west of the east 280 feet of
• said lot and except the south 150 feet of the east 280 feet •
thereof, according to the plat thereof• on file or of record in
the Office of the Register of Deeds in and for said County.
Except that part which lies within a distance of 140 feet on each
side of the following described line: From a point on the north
line of Section 6. Township: 117-North, Range. 22 West, distant
• 670.02 east of the northwest corner thereof. run southeasterly at
an angle of 28 degrees 11',.minutes 12. seconds with said north
• section line for 485.92 feet to the point of beginning of the
line to be described;• thence run northwesterly on the last above
described course for 30.93 feet; thence deflect to the left on a
3 degrees 00 minute curve (delta' angle 62 degrees 22 minutes 25 •
seconds) for 2079. 12 feet; thence on tangent to said curve for
883.31 feet; thence deflect to .the right on a 2..degrees 00 minute ..
curve (delta angle 34 'degrees.41 minutes 10 seconds) for 1734.31
• feet; thence deflect' to the right on a 2 degree 49 minute 16.59
second curve (delta angle+37: degrees 30 minutes) for 1329.19
feet; thence on tangent .to said curve for 50.2 feet; thence •
•
deflect.to the right on a' 4 degree 30 minute curve (delta angle
38 degrees 57 minutes) for 865.56 feet; thence on tangent to said
curve for 465.05 feet and there terminating.
•
• Also except that part of Tract 2 described above adjoining and
southerly and westerly of the last above described strip;
Also except that part of Tract 2 described above lying •
northeasterly of a line run parallel with and distant 140 feet • ;.; •.
northeasterly of the first above described line which lies
westerly of Line A described below: • , •
. :From a point on the first above described.line distant 151.52 .
feet southeasterly of' its point of termination run northeasterly
at an angle of 82 degrees 17 minutes- 58 seconds with. the said- .
•
line (when measured from northwest to northeast) for 274.76 feet; -
thencedeflect to the right at an angle of 32 degrees 23 minutes -
" .01 seconds for 107.5 feet to the point of beginning of Line A' to
- be described; thence deflect to the- right at an angle of 90
degrees and run southerly`. to an intersection with the southerly
-:boundary of Trunk Highway No: 12 as now located and traveled;
thence run southwesterly to a point distant 170 feet
northeasterly (measured at right: angles) of a point on the first
above described line distant .288.09 feet southeasterly of its
point of termination; thence run southeasterly parallel with said
. line for 950 feet (when measured along said line); thence run
• southeasterly to a point distant 140 feet northeasterly (measured
at right angles) of a point on said line'distant 1330.61 feet
southeasterly of its point oftermination, and there terminating;
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also except that part of Tracks 2 and 3 described above lying ,
• northerly of a line run parallel -with and distant 140 feet
-northerly of the first above'described line which lies southerly
and easterly of Line B described below: •
SH' er" 2 o F (v
Bs Beginning at a point on Line C described below distant 200 feet
southeasterly of its point of termination; thence run
southwesterly at right angles with said Line C for 50 feet;
thence run southeasterly to a point distant 80 feet southwesterly
(measured*at right angles) of a point on said Line C distant 360 ':
feet southeasterly of its point of termination; thence run
southwesterly to a point distant 380 feet northwesterly (measured •
at right angles) of a poi on the first-above described line
• . distant 3199.58.. feet sou sterly of its point of beginning;
thence run southwester to a point distant 350 feet
northwesterly (measu d at right angles) -of a-point on said line
distant 3429.58 feet southwesterly"of its point of beginning;
thence run southwesterly to a point distant 160 feet
northwesterly (measured'.at right angles) of a point on said line
distant 3749.58 feet southwesterly of its point of beginning;.
thence run westerly parallel with said line for 1450 feet (when
measured along said line) ; thence run northwesterly to a point
distant 140 feet northeasterly (measured at right angles) of a
point on said line distant 5399.58 feetsouthwesterly of its
-point of beginning and there terminating..
L ,no__C: Beginning at a point on the first above described line distant
2404.81 feet southwesterly of its point of beginning; thence run
northwesterly at an angle of 45 degrees 50 minutes 08 seconds
with said line (when measured from southwest to northwest) for
• 1120.35 feet and thence terminating;
also except that part of Tract 3 described above lying
• southeasterly of a line run parallel, with and distant 140 feet
southeasterly of the-first above described line which lies
northwesterly of a line run parallel with and distant 120 feet
southeasterly of Line. D described below:
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sH-t 'r3of ('
Line D: From a point on the first above described line distant 2300 feet
westerly of its point of beginning, run southeasterly at right
angles with said line for.24 feet to the point of beginning of
Line D to be described; thence deflect to the right at an angle
of 90 degrees for 145 feet; thence deflect. to the left on a 1
degrees 00 minute curve (delta angle 5 degree 25 minutes 12
seconds) for 542 feet and there terminating;
Also except that part of Tract 3 described above adjoining- and
southeasterly of the last above described strip which lies
northwesterly of the following described line: Beginning at a
point on the west line of Lot 8, Block 2, Wayzata Highlands
distant 155 feet north of the southwest corner thereof; thence
run southwesterly to a point distant 120 feet southeasterly
(measured at right angles) of a point on Line D described above
distant 200 feet southwesterly of its point of beginning and
there terminating;
also except that part of Tract 1 described above lying
northwesterly of a line run parallel with and distant 140 feet
northwesterly of the first above described line which lies
southerly of Line E described below:
Lino E: Beginning at a point on Line C described above distant 200 feet
southeasterly of its point of termination; thence run
northeasterly at right angles with.said Line C for 50 feet;
thence run easterly to a point distant 80 feet northeasterly
(measured at right angles) of point on said Line C distant 700
feet southeasterly of its point of termination; thence run
easterly to a point distant 164 feet northwesterly (measured at
right angles) of a point on the first above describe line distant
2330 feet westerly of its point of beginning; thence run
northeasterly parallel with said line for 1500 feet and there
terminating;
Also except that part of Tract 3 which lies Southeasterly of the
Southeasterly right-of-way line of U.S. Highway No. 12 as
described in Deed Doc. No. 1026364, Files of the Registrar of
Titles;
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. e1 2: Lot 63Auditor's Subdivision Number 184, Hennepin County,
Minnesota, according to the plat thereof.on file or of record in
the office of the Register-of Deeds, in and for said County.
POfcel' 3: The West 1/2 of the Southeast Quarter of Section 36, Township
118, Range 23, except that part of the North 55 feet thereof
described as follows: Commencing at the Northwest corner of said
Northwest Quarter of the Southeast Quarter; thence on an assumed
bearing of East along the North line of said Northwest Quarter of
the Southeast Quarter a distance of 400 feet to the point of
beginning of the property being described; thence continuing on a
bearing East along said North line to point distant 550 feet West
of the Northeast corner of said Northwest Quarter of the
Southeast Quarter; thence South 8 degrees 29 minutes West to the
South line of said North 55 feet; thence on a bearing of West . ', .
along said South line to its intersection with a line drawn Sbuth
18 degrees -35 minutes East from the point of beginning; thence, '
North 18 degrees 35 minutes West to the point of beginning.
zrcel 4: That part of the Southeast Quarter of the Southwest Quarter of
Section 36. Township 118, Range 23, lying southwesterly of the
County Road.
Parcel 1, 2, 3 and 4 being registered land as evidenced by
Certificate of Title No. 763896. .
,: 'tercel 5: The West 150 feet of Lot 58, Auditor's Subdivision Number 184, .
Hennepin County, Minnesota, except that part thereof lying
Southeasterly of the Southeasterly right-of-way line of State
Highway No. .12. as shown by that certain Final Certificate filed
June 8, 1973, as Document No. 1073214 in favor of the State of
Minnesota, also except that part thereof embraced within Fairway
Hills Addition, according to the plat thereof on file or of
record in the office of the Register of Deeds in and for said
County.
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Being registered land as evidenced by Certificate of Title No.
. „ 763894.
Parcel 6: - Outlot B, Fairway Hills Addition, according to the recorded plat
thereof, and situate in Hennepin County, Minnesota. -
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Being registered land as is evidenced by Certificate of Title No.
763899. .
5 T SOF Co
Parcel 7:. That part of the Southeast Quarter of the Southwest Quarter of .
Section 36, Township 118, Range 23, lying South and East of. the
plat Herrick Circle, now replatted and known as SUMMIT STATION,
and lying North and East of the center line of the South
Minneapolis and Watertown Road also called Wayzata and Long Lake
Road.
Parcel 8: Outlots A and B, Hauser Lauer WCC Addition, according to the
recorded plat thereof, and situate in Hennepin County, Minnesota.
Parcel 9: That part of Government Lot 2, Section;36, Township 118, Range
23, described as follows: Beginning at the Southeast corner of
said Government Lot 2; thence North along the East line of said
Government Lot 2, a distance of 663 feet; thence West parallel
with the South line of said Government Lot 2, a distance of 450
feet; thence Southwesterly to point on the South line of said
Government Lot 2, a distance of 550 feet West of the point'of
beginning; thence East along said South line to the point of
• • -beginning.
Parcel 10: That part of Government Lot 2, Section 36, Township 118, Range
23, described as follows: Beginning at the Southwest corner of
said Government- Lot 2; thence North along the West line of said
Government Lot 2, a distance of 150 feet; thence East parallel
with the South line of said Government Lot 2, a distance of 350 -
feet; thence Southeasterly to a point on the South line of said
Government Lot 2, a distance of 400 feet East of the point of
beginning; thence West along said South line to the point of
• beginning.
SURVEY CERTIFICATION
I, Paul A. Johnson, a licensed land surveyor under the laws of the State of
Minnesota, do hereby certify to Wayzata. Country Club, National Consumer
Cooperative Bank, and Title Insurance Company of Minnesota that this survey was
prepared by me or under my direct supervision; that the property and easement
descriptions were taken from Title Insurance Company of Minnesota's commitment
to insure, Application No. H 645531 C dated November 19. 1991; that this survey
was made on the ground and is a true and accurate representation of said real
property; that said survey correctly shows the -location of all buildings, major
structures and major improvements on. said described property; that there are no
recorded or visible encroachments onto adjoining properties, streets or alleys
by any of said buildings, structures or improvements except as shown thereon;
that there are no visible rights-of-way or easements on said described property
except as shown on said survey; and that there are no party walls or visible
encroachments on said described property by buildings, structures or other
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improvements situated on adjoining property, except as shown of said plat or
survey.
Dated This 19th day of December, 1991 - McCombs Frank Roos Associates, Inc.
Paul A. Johnson, Land Surveyor
Minnesota Lica No. 10938
SN CST Co Op (C,