HomeMy WebLinkAboutResolution # 5220 O O
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l� i804, _ 4G RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-1434(2) AND A
CONDITIONAL USE PERMIT
PER SECTION 78-418 (4)
FILE NO. 04-3037
WHEREAS, Wayzata Country Club, (hereinafter "the applicant") is the
owner of the property located at 200 Wayzata Boulevard within the City of Orono
(hereinafter the "City") and legally described as follows:
See attached Exhibit A
(hereinafter the "property"); and
WHEREAS, the applicant operates a country club on the property
pursuant to an existing conditional use permit; and
WHEREAS, the applicant has made application to the City of Orono for a
conditional use permit per Section 78-418 (4) and a variance to Orono Municipal Zoning
Code Section 78-1434 (2) to allow an addition to an existing maintenance building which
will create a single building in excess of 3,000 square feet.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#04-3037.
2. The property is located in the RR— 1B, which requires a minimum lot area
of 2 acres. This property is a conditional use and is in excess of the 2 acre
minimum area requirement.
3. The Planning Commission reviewed this application at a public hearing
held on August 16, 2004 and recommended approval of the variance based
on the following findings:
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3. The Planning Commission reviewed this application at a public hearing
held on August 16, 2004 and recommended approval of the variance based
on the following findings:
a. The property is in excess of 100 acres and can therefore support a
larger building than is permitted by the Zoning Ordinance.
b. The Zoning Ordinance does not specifically regulate sizes of single
buildings on properties greater than 9.0 acres.
c. The addition to the building will not negatively impact any neighbors
or the Luce Line Trail located to the south.
d. The addition will meet the required 50' setback from the Luce Line
Trail boundary.
•
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicant and the public, and the effect of the proposed
variance on the health, safety and welfare of the community.
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 and conditional use permit would not
adversely affect traffic conditions, light, air nor pose a fire hazard or other
danger to neighboring property; would not merely serve as a convenience
to the applicant, but is necessary to alleviate 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
Code and Comprehensive Plan of the City.
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 78-418(4) and a variance to Orono Municipal
Zoning Code Section 78-1434 (2) to allow an addition to an existing maintenance
building which will create a single building in excess of 3,000 square feet, subject to the
following conditions:
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iolo' „ c) RESOLUTION OF THE CITY COUNCIL
L`9kESi3�44� NO. 5 2 2 )
1. Council approval is based on the site plan submitted by the applicant and
annotated by City staff, attached to this Resolution as Exhibit B. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. This variance resolution will also act as an amendment to the conditional use
permit which this property is currently operating, as the country club is a
conditional use in a residential zone.
3. Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by obtaining a building permit for
the new construction within one year of the date of Council approval, or the
variance will expire on that date (August 23, 2005).
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 the applicant and the applicant's 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 the 23`d day of August, 2004.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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Property Owner(s)
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CITYOf ORONO
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1 ES11 NO. 5 2 2 0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this tt0 day of
-' ort ; 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
f7)1 )
CiLt.._ C,,....k--( 19 c rte--,:f RACHEL DODGE !. Notary Public
F
NOTARY PUBLIC-MIN;',OTA %
My Commission Expires J ... ,
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this j�° day of
�}(J,.��r 7 f' , 2004 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.
'-', 4MeagtSteawr, ..,-. ' ...C.-)(_5:.--1•--C---(. 4/jE)0,ecg_
NOT OlY PLIZI I Notary Public
My Commission Expires Jar:.3 ,2J '
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CITY of ORONO
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'A:- (IC'. RESOLUTION OF THE CITY COUNCIL
9kESI304 NO. f + 42 l
State of Minnesota )
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County of Hennepin )
This instrument was acknowledged before me this 13th day of October ,
2004 by Kirk Macallister , the General Manager , of Wayzata Country Club,
a Minnesota nonprofit corporation, on behalf of the nonprofit corporation.
i �
°o D:NIS M.LESKINE�l ,� ; t /
k NOTARY PUBLIC MINNESOTA ,
My Commission Expires Jan.31 2G05 S; Notary Public
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EXHIBIT A
522
:parcel 1: All of the following described Tracts: •
'�"ract 1:
All of Lots 59 acid 60 and' that 'part of Lot 64 .lying easterly .of
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• the easterly 'line of. the West' 1/2 entthatoportion ofthwest IIther of
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Section 1, Township ,117, Range 23 ` d
abandoned roadl.formerly known as County Road No.. 27 which
separated Lots 59 and 63 . Auditor's Subdivision Number 184. from
Lots 60 and 641 , 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, wtoctheine is 3 feet
northeasterly (jneasured at right angles) following
described line:.:. Commencing at the .sobtheast corner of the
Southwest Quarter of Section 36, ,Towpship118 North,
Range 23
West; thence north along the east'tine of said Southwest Quarter.
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• 348.4 feet to the. actual point of beginning of the line to be
described; thence -deflecting right ina southeasterly direction
• at an angle of 157 degrees 55 minutes to' Trunk Highway No: 12 and
there terminating, all in Auditoe's .Subdivision, Number 184
Hennepin 'County, Minnesota, according to' the plat thereof oa file
or of record in the office of the Register. of Deeds in :and for..
said County. .
Tract 2: Lot 65,
Auditor's Subdivision Number 184 ; .Hennepin County,
Minnesota, according' to the plat theredCon file or of record in '
the office of the Register or Deeds in and for said County.
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5220 .
rrgct- 3: Lot 61 , Auditor's Subdivision Number.• 184 , Hennepin County,
Minnesota, except that part of the :south 175 feet thereof lying
• cast of the west 51. feet and 'lying:west of the east 280 feet of
said lot and except the south 150. feetof the east 280 feet •
thereof, according •to the plat thereof on file or of. record in'
the Office of the .legister 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, Tosnship::117:North, Range. 22 West, distant •
670.02 east of the northest' corner thereof, run southeasterly et -
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.o5 feet and 'there terminating.
Also except that part of Tract 2 described above adjoining and
southerly and westerly of tthe .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
" -Y• westerly: of Line A described below: • • •
L% -••ni - ../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;
.thence :deflect to the right at 'an angle of 32 degrees 23 minutes - *-
•`:.01 seconds for 107.5•. feet to the point or 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.Ne 12 as now located l 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 sodtheasterly ,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 poin '
t .on said line distant' 1330.61 'feet •
southeasterly of its point of termination and there terminating; .
also except-that part of Tracks 2 and 3 described above lying . •
• northerly of a 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 ?— a 0 F lie,
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Lt ' $�..:. • 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. toe point distant 80 feet southwesterly
•
(measured'a.t 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' southwesterlyrof its point of beginning:.
thence run southwes'terly.,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 .distent 5399.58 feet:southwesterly of its
• - point of beginning and there terminating.. . •
Ll?e C: - Beginning at a point on the -first•-above described line distant •
2404 .81 feet 'southwesterly of its point of beginning; thence run
- . northwesterly•atoan 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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Line D: From a point on the""first above describer ...
d 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 minute's 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 l 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:
•LLric E: Beginning at a point on Line.0 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 ofbeginning; thence run
northeasterly parallel with said line for 1500 feet and there
•.•
. • , terminating;'
Also except that part of Tract 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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Wrcel 2: Lot :63, 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. -
-:tcel- 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 Quarters 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 South
18 degrees"35 minutes East' from the point of beginning; . thence'., •
• ' North "18 degrees' 35, minutes •West •to the point of beginning. . -
:.. reel 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. -
_. 'tircel 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. - ' -
Being registered lend •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.
• Being registered land as is evidenced by Certificate of Title No.
' 763899. •
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•Parcel 7c '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. W 'zata' and Long Lake
Road. - .
: Parcel 8: % Ou tlots A and B,- Ifauser -L'aue'r WCC Addition; according ' to the .
recorded plat .thereof,. and situate- in Hennepin County, Minnesota.
Parcel 9: . That part of Government Lot .2, Section36, 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 Co 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. U 645531 C dated November 19, 1991; that this survey '
..was made on the'ground and is a'true 'and accurate representation of saidreal
property; thatsaid 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"
•. improvements situated on adjoining property, except as shown of said plat or
-'survey.
Dated. This 119th' day of December, 1991 • 'McCombs Frank Roos Associates, Inc.
•
•
Paul A. Johnson, Land Surveyor
Minnesota Lic. No. 10938 '
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