HomeMy WebLinkAboutRes 7325 - Bldg Add and HC changesI 11111111111111111111111111111111
LAND TYPE Abstract (A)
DOC NUM 11181160
Certified, filed and/or recorded on
Feb 10, 2023 12:02 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 183 Pkg ID 2537256E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7325
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1434;
AND
APPROVING A CONDITIONAL USE PERMIT
PURSUANT TO SECTION 78-418
FILE NO. LA22-000056
WHEREAS, on October 19, 2022, Patrick Regan with JDD Studios, on behalf of the
owner, (hereinafter the "Applicant"), applied for a variance from the City Code, and a conditional
use permit for the property addressed 200 Woodhill Road and legally described as:
That part of the Northeast % of Section 2, Township 117, Range 23 lying Southwesterly of
the Southwesterly line of the Great Northern Railway Right of Way Except those parts
embraced within Woodhill Ridge 2nd Addition, Registered Land Survey No. 1596,
Registered Land Survey No. 1098 and Edgewood Place. Also except that part of the
Northeast 1/4 of the Northeast 1/4 of said Section 2 lying south of a line parallel with the north
line of said Northeast 1/4 of the Northeast 1/4 and running west from the point of intersection
of the east line of said Northeast % of the Northeast % with said Southwesterly line of the
Great Northern Railway Right of Way, according to the United States Government Survey
thereof and situate in Hennepin County, Minnesota.
That part of the Southeast'/4 of Section 2, Township 117, Range 23 lying Northerly of the
Northerly line of the Minnetonka Branch of the Great Northern Railway Right of Way Except
those parts embraced within Registered Land Survey No. 1098, Woodhill Ridge 2nd
Addition and Auditors Subdivision No. 307, according to the united States Government
Survey thereof and situate in Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a
conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 in order to
expand an existing accessory structure serving the golf course use; and
WHEREAS, the Applicant has made an application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1434 in order to construct an addition to
an existing accessory structure on the site. The total square footage of the proposed accessory
structure will be 5,115 square feet and thus making it an Oversized Accessory Structure. The
Code allows for one (1) Oversized Accessory Structure (OAB) per lot. The Woodhill Country
Club's parcel contains five (5) OAB's. The expansion of an existing OAB requires a variance;
and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7325
WHEREAS, the Applicant has made an application to the City of Orono for a
conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to make
modifications to the existing site plan relating to the golf course use including parking lots and
buildings; and
WHEREAS, on November 21, 2022, after published and mailed notice in
accordance with Minnesota Statutes and the City Code, the Planning Commission held a public
hearing, at which time all persons desiring to be heard concerning this application were given
the opportunity to speak thereon; and
WHEREAS, on November 21, 2022, the Planning Commission recommended
approval of the conditional use permit and variance; and
WHEREAS, on December 12, 2022, the City Council reviewed the application
and the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the requested conditional use permit and variance as described
above based on one or more of the following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA22-000056. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from
the above mentioned meetings, and any and all other materials distributed at these
meetings are hereby incorporated by reference.
2. The Property is located in the RR -1 B Rural Residential Zoning District; golf courses are
an allowed conditional use in the RR -1 B District.
3. The Property contains approximately 121 acres in area.
4. Applicant has applied for the following variance:
a. Number of Oversized Accessory Buildings.
5. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
%Ot�rO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�_'QS No.7325
GH0
PRACTICAL DIFFICULTY ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The use for a golf course on this size property follows
the general intent of the ordinance.
2. "Variances shall only be permitted ... when the variances are consistent with the
comprehensive plan." The proposed addition is well within the required setbacks and is
minimally changing the nature of what is currently existing on the site. The proposal is in
line with the City of Orono 2040 Comprehensive Plan, which includes maintaining the
natural character of the site, minimizing impacts to neighbors (screening, sound
buffering), and natural resource impacts such as hardcover, grading, tree removal, and
the control of storm water runoff off site.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable
manner, however, the proposed use is not permitted by the official controls.
The golf course use is permitted through an approved conditional use permit, and
the improvements proposed to support this use are reasonable.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
The applicant is proposing to construct an addition to an existing accessory
structure on the site to support the permitted use oriented to improve upon the
existing condition; and
c. The variance, if granted, will not alter the essential character of the locality. "
The proposed addition is intended to improve upon an existing structure and
supporting hardscape to support the golf course use. The proposed addition is fully
screened by existing vegetation from surrounding residential properties.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7325
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This condition is not applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as golf course is an allowed use in the RR -1 B
District.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This condition is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The existing golf course use and existing
structures are unique to this property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The existing golf course use and existing structures are unique to this
property. The property is being used as a golf course within a residential district. The
conditions for the property are unique for the district based on the use.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The variance is necessary for the improvement
of an outdated accessory building that support the country club and golf course use. The
intent of the regulation is for residential uses. The property is used for a golf course and
granting the variance would be in support of the approved use.
11. `The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." The use of the
property, and proposed improvements are not intended to adversely impact health,
safety, comfort, and morals.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The existing facilities are outdated and
need of improvement. The addition and site work surrounding the addition are needed to
support the activities and programming for the existing use.
CONDITIONAL USE PERMIT ANALYSIS:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7325
The City Council may grant a conditional use permit as the use permit was applied for or in
modified form. On the basis of the application and the evidence submitted, the City must find
that the proposed use at the proposed location is or will be:
1. Consistent with the community management plan; A golf course is a conditional
use in the RR -1 B zoning district and is consistent with the community management plan.
2. Compliant with the zoning code, including any conditions imposed on specific
uses as required by article V, division 3 of the City Code; this criterion is met.
3. Adequately served by police, fire, roads, and stormwater management; this
criterion is met. The applicant will be reducing the overall hardscape and will go through
necessary permitting requirement of the City and any other impacted agency.
4. Provided with an adequate water supply and sewage disposal system; the current
building is served by well and septic system. Additional infrastructure may be needed;
this will be reviewed by the Building Official and City Engineer.
5. Not expected to generate excessive demand for public services at public cost; this
criterion is met.
6. Compatible with the surrounding area as the area is used both presently and as it
is planned to be used in the future; this criterion is met.
7. Consistent with the character of the surrounding area, unless a change of
character is called for in the community management plan; The Woodhill Country
Club has been part of the community since the 1960s. The golf course use is interwoven
into the character and history of the area.
8. Compatible with the character of buildings and site improvements in the
surrounding area, unless a change of character is called for in the community
management plan; the site is currently a golf course and the proposed improvements
will maintain the surrounding character.
9. Not expected to substantially impair the use and enjoyment of the property in the
area or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; the proposed
improvements will not negatively impact the adjacent properties.
10. Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; this criterion is met.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7325
11. Not create a nuisance which generates smoke, noise, glare, vibration, odors,
fumes, dust, electrical interference, general unsightliness, or other means; the
proposed project is situated toward the center of the large property and will have very
little impact on the adjacent properties.
12. Not cause excessive non-residential traffic on residential streets, parking needs
that cause a demonstrable inconvenience to adjoining properties, traffic
congestion, or unsafe access; historically, the Woodhill Country Club has been
responsive to neighbors' concerns. No additional traffic will be added to the second
entrance. The parking needs of the barn have been reviewed by staff and found to be
adequate for the proposed use.
13. Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; this criterion is met.
14. All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; this criterion is met;
and
15. Not detrimental to the public health, public safety, or general welfare. This
condition is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants the following:
• Variance to Orono Municipal Zoning Code Section 78-1434 to exceed the limit of one
Oversized Accessory Building; and
• A conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to make
modifications to the existing site plan relating to the golf course use including accessory
buildings, parking lots, and site work, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the attached plans submitted by the Applicant and
annotated by City staff, attached to this Resolution as Exhibit A.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7325
4. Authorities granted by this resolution run with the Property not with the Owner, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (December 12, 2023).
5. Violation of or non-compliance with any of the terms and conditions of this resolution
may result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 12th day of December, 2022.
ATTEST: CITY OF ORONO:
Anna Carlson, City Cler Dennis Walsh, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No.7325
Woodhill Country Club
A Minnesota Nonprofit Corporation
By:
�MkAj"�A-
Presideht
This instrument was acknowledged before me this a 0 day of V f.cem 20_29, by
Ashley Mehbod, the President of Woodhill Country Club, a Minnesota Nonprofit corporation, on
behalf of the corporation.
Notary Public
. . ALICIA A JOHNSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 01/31/25
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Resol.No. 7325
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