HomeMy WebLinkAboutResolution # 5163 Baa CITY of ORONO
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,� • ,����`,� G RESOLUTION OF THE CITY COUNCIL
4kiga04 NO. 'R
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 78-418
FILE NO. 04-3000
WHEREAS, Wayzata Country Club, (hereinafter "the applicant") is the
owner of the property located at 200 Wayzata Boulevard West within the City of Orono
(hereinafter the "City") and legally described as follows:
See Attached Exhibit A
(hereinafter the"property"); and
WHEREAS, the applicant has made application to the City of Orono for a
conditional use permit amendment to Orono Municipal Zoning Code Section 78-418 to
allow two minor additions to the existing building all in conjunction with a complete
renovation of the main structure.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#04-3000.
2, The property is located in the RR — 1B zoning district, which requires a
minimum lot area of 2 acres. The applicant's property is in excess of 155
acres.
3. The Wayzata Country Club currently operates under a Conditional Use
Permit originally granted in 1968 and amended on a number of occasions
for various improvements.
4. The Planning Commission reviewed this application at a public hearing
held on April 19, 2004 and recommended approval of the conditional use
permit amendment based on the following findings:
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_ CITY of ORONO
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"iRESOLUTION OF THE CITY COUNCIL
`4kESI3:0�� NO. 5
a. The two additions expand the current footprint.
b. The additions meet all required setbacks.
c. The facade design of the two additions will match the existing facade
of the club house structure.
5. 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
conditional use permit amendment on the health, safety and welfare of the
community.
6. 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 conditional use permit amendment 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 amendment to Orono Municipal Zoning Code Section 78-
418 to allow construction of two minor additions to the existing building all in
conjunction with a complete renovation of the main structure, subject to the following
conditions:
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.
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__ CITY of ORONO
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iyIVAi RESOLUTION OF THE CITY COUNCIL
2. 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
conditional use permit amendment will expire on that date (April 26, 2005).
3. 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.
4. 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 26th day of April, 2004.
ATTEST: •
•
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
•
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oCITY of ORONO
rl, 11.1 �,`;!. %rrm ,t
1 ,i '� RESOLUTION OF THE CITY COUNCIL
IkES1104 NO. 5 T1
j
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this a4' day of
Ck0,-,4 , 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.
;ars: 5te `" -6,,,,,-oW'".„
ii, ��, `'R'?°('"• `` Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of
-• `)r , S , 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.
DODC7. (. J
I NOTARY POLIC Mara : 0OTA Notary Public
My Commission Expires Jen.31,200; }
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o
A43 tP_ CITY of ORONO
IA ; v.-A, , G� RESOLUTION OF THE CITY COUNCIL
NO.
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this 7`h day of October ,
2004 by Kirk Macallister ,the General Manager , of Wayzata Country Club,
a Minnesota nonprofit corporation, on behalf of the nonprofit corporation.
�t4 ( DENISE M.LESKINEN / i
.)e, , NOTARY PUBLIC-MINNESOTA 1 -> 1' :'(I/) {t"
+;,‘ �- j9 My Commission Expires Jan.31,2C+' <} Notary Public
•
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EXHIBIT A •
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� . c5��iT T? 0N .
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',:parcel 1 : All ofthe following described Tracts:
•
'.:,Tract 1: All 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, Audit'or's Subdivision Number 184. from
Lots 60 and 64► , said Auditor's Subdivision Numbe.'• 184 lying
between the southerly extension of the east line of Lot 59,
said
Auditor' s Subdivision Number 184 and the easterly line of
fhe
Town Road as 'now laid out and traveled, which line is 33 feet
•
northeasterly (peasured at right angles) to the following
described line:'..:. Commencing at the .southeast• corner of the
Southwest Quar.tpr 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 OR file
or of record in the office of the Regis.ter, of Deeds in:and for..
•
said County.
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 oC the Register oC Deeds in and for said County.
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- - _ � I „r- / _
rract 3: Lot 61 , Auditor's Subdivision Number.- 184 , Hennepin County,'
t' innesotn, except that part of the •south 175 feet thereof lying
• cast or 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• inv
•• • the OfFice of the .fiegister 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: Prom a point on the north
• line of Section 6, Towhship.,117:North, Range. 22 West, distant ' •
• 670.02 east or the northwes't-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•.;£eet: thence deflect to the left on at
. 3 degrees 00 minute curve' (delta' angle 62 degrees 22 minutes 25
seconds). for 2079. 12. feet'; thence on tangent to said curve €car •
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 tl_ie right on a 2 degree 49 .minute 16,59 _ -
second curve (delta engle '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 nnd 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 • •
*'1.� : • , ,.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 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 '•
' ' . :;boundaryof Trunk Highway. Np: 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 sou'Lheasterly.•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 of` termination and there terminating; .
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 abdve•described 'line which lies southerly
and easterly of Line B described below: • .
SREeT 2 D F [c
•
. ;• B&.:.: • '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
•
(meesured'a.t right angles) sof 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 southwes'terly, to a point distant 160 feet
. northwesterly (measiured'.at right angles) .of a point on said line
• distant 3749.58 feet'''southwesterly :of its point of beginning; .
thence Tun 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 feet:southwesterly of its
' • - point of beginining •and there terminating., .
1.,ttc: . Beginning at a point on
a 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 . .
horthwesterly of a line run parallel with and distant 120 feet •
southeasterly of Line. D described below: .
.
.amu..--.--r- .,� I _
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 thefollowing 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:
.Line 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 •
• .describedin Deed Doc. No. 1026364. Files of the Registrar of
• . Titles: ' ' ' '
•
1
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s r140FCo
•
63
• '.,'• rce1 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. •
`40rcel• 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 Quarterof 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 Smith'
• 18 degrees-35 minutes East• from the'point of beginning; thence', '
• North '18 degrees. 35,minutes •West •to the point of beginning. . : •
>.. rtel 4 : That part of the' Southeast Quarter of the Southwest Quarter of: '-,
Section 36, Township 118. flange 23; lying southwesterly of the
County ,Road. . .
• ' Parcel 1, 2, '3 and 4 being registered land as evidenced by • • '
• Certificate of Title No.-.•763896. . '
,:' rhr• � cel 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. • .' 0 . . .
. Being 'registered land 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. . , .
SfT S OP („,
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•Parcel 7:.•' 'That part of the Southeast Quarter of the Southwest Quarter of ,
Section 36, Township 118, Flange 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 yzata 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. .
•- 1, , 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. II 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 proper Ues, 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'
• i,.Mprovements 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 Lic. No. 10938
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EXHIBIT S
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
4-kEsi.401‘ NO. 5 11 e 3
State of Minnesota )
County of Hennepin ) 7
This instrument was acknowledged before me this 7 ,da<of C--,`'H-t6-c:r , 2004
by Lr .,-1.(: k,./k. c,-, \:4-t.(--, signing of behalf of Wayzata Coup, .y Club.
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,..„„sesseasseates -,, „4
(--- DENISE M.LESKINEN
• ' ;,' NOTARY PUBLIC-MINNESOTA
CommkssIon Expires Jan.31,2"^" otary Public
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