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Home My WebLink AboutResolution 4496 . ; _. �- � O� . • O O ��e. - C ITY of ORONU � � � � G'� RESOLUTION OF THE CITY COUNCIL ��kESH04�' � . NO. � � � 6 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 AND TO PERMIT SANITARY SEWER CONNECTION TO THE PROPERTY FILE NO. #2589 WHEREAS, the Woodhill Country Club (hereinafter "the applicant") is owner of the property located at 200 Woodhill Avenue, a portion of which is located within the City of Orono (hereinafter "the City") and legally described in Exhibit A attached and hereinafter as "the properry"); and WHEREAS, after due published notice and mailed notice in acco.rdance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning • Commission held a public hearing on June 19, 2000, at which times a11 persons desiring to be ' heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City of Orono for an amendment to its 1968 conditional use permit to permit a 19' X 52' addition to the barn structure; and WHEREAS, the applicants have requested connection to sanitary sewer to the property for the portion of the property not within the MLTSA boundary. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � Minnesota: � FINDINGS � 1. This application was reviewed as Zoning File #2589. 2. The property is located in the RR-1B One Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 19, 2000 and voted 2 to 2 (failed motion) for,the conditional use permit amendment approval .' based on the following findings: � Page 1 of 6 /� � � � � O O ��b. - C ITY of ORONO � � ti �',� �'� RESOLUTION OF THE CITY COUNCIL � ��kESH.04�' � No. � � �$ � � . A. A conditional use permit amendment was approved by the City of Orono . approving a driveway access to the Club from Woodhill Avenue. The approval was subject to several conditions including the access be used only as an entrance and the entrance would only be open between 7:00 a.m. and 8:00 p.m. on days the Club is open. B. In the RR-1B zoning district; a country club is allowed by a conditional use permit. C. A motion was made to recommend approval, two members of the Planning Commission did not vote in favor of the motion due to unresolved issues regarding the Woodhill Avenue access to the property. ' An adjacent property owner appeared at the Planning Commission meeting and stated there are vehicles exiting the west entrance gate and passing through the gate after 8:00 p.m., the time the gate is required to be closed per the conditions of the CUP. � � , D. State Code requires a minimum setback to the septic tanks of 10' for structures. Staff has measured the tanks to be approximately 28' from the . barn. A 19' addition to the building would place the tanks approximately 9' from the new structure. This does not meet the State requirement for setback distance to the building. Most of the soil around the building has been disturbed due to the paddlecourt locations, driveway and parking areas, and the practice greens. E. Evidence of a standard septic system meeting all State Codes or connection to sanitary sewer service will be required to permit an expansion of the barn. 4. The barn is located about 400' from a se�ver line that is installed through the • Country Club to the Main Club House. The Club House is located in the City of Wayzata and is the only building located within the MUSA on the property. 5. An expansion of the MUSA area to include the remainder of the Club would not be consistent with the Comprehensive Plan. The Comprehensive Plan has guided the use of the property as low density residential with rural services. � Page 2 of 6 . , � O /� ' Y • O O ��6. - CITY of ORONO � � ti �',� G'� RESOLUTION OF THE CITY COUNCIL . �`qkESH04'� . NO. �#. �. �� 6. In 1996 the City was granted by Met Council the ability to connect up to 50 existing residences adjacent to existing sewer lines outside the MUSA. The City Council established that such residences must have an existing failing system with no replacement possibilities. The Council has also considered that existing non-residential uses such as churches should also be connected to sewer when feasible. The Woodhill barn does not meet the criteria for use of the 50 units because it is not a residence, while-it has a non-conforming system due to the 3' separation issue. At the same time, however, this is functionally an � institutionaUkitchen/quasi-commercial type of use which should be connected to � sewer. 7. The City Council finds that granting a conditional use permit to permit an � addition to the barn will not be detrimental to the health, sa�ty or ge:�;,ral 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 Comprehensive � Plan of the City. 8. The City Council has considered this application including the findings and ' recommendations of the Planning Commission, reports by staff �nd comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves an�amendment to its 1968 conditional use permit to permit a 19' X 52' addition to the barn structures and approves connection to sanitary sewer to the property for the portion � of the properiy not within the MLTSA boundary; subject to the following conditions: 1. Access for all contractors and equipment shall use the County Road 15 entrance to the County Club. 2. The building shall meet Fire Code protection standards. � Page 3 of 6 . . , ��--- �� O ' v • O O ��6. - CITY of ORONO � ti � � G'� RESOLUTION OF THE CITY COUNCIL ��kESH04��' NO. �� 3. Prior to a building pernut being issued for the addition to the barn, evidence of a standard septic system to accommodate the proposed use of the building is to be approved by the On-Site Systems Manager or connection to sanitary sewer is made available to the building. 4. Authorities granted by this conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this conditionai use permit will expire on that uut� (July 10, 2001). 5. Violation of or non-compliance with any of the terms and conditions of this conditional use permit shall constitute a violation of the zoning code, shall � automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. '•• 6. The undersigned applicant 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. Adopted by the City Council of the City of Orono, Minnesota at a regulax meeting held on the lOth day of July, 2000. ATTEST: . � � �� inda S. Vee, City Clerk Gabriel abbour, Mayor ► . �� ' Property Owner (s) �� `� Iy� • Page 4 of 6 . , -; . , �— �� 0� • O O ��b. - C ITY of ORONO � � � �� G'ti RESOLUTION OF THE CITY COUNCIL ��kESH.�4��' NO. � � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of July, 2000 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. ° MARY ANN JOHNSON ��''G� (�,,,K/ � NO?ARY PUBUC-MINNESOTA My Carmbsbn Exp'rces Jan.31,2005 Notary Public STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this 11�-�h day of �u , 2000, before me a Notary Public within and • for said County, personally appeared /}1�-1�IC �: A�/bRe�h�, /j'la��; t-c�oo�1 h� ll Couh�e� C/�c.Q known to me to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. ;` � r ; MARY ANN JOHNSON ��/ G�� ' NOTARY PI�LfC-MINNESOTA � '/ � � � �"q�°"'m�°"�.�n.3�,2�s Notary�Pub ic . �- ....�: ,. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000, before me a Notary Public within and for said County, personally appeared known to me to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary Public • � Page 5 of 6 . ..... . . , . ' � � � E��BIT A . 449 � � LEGAL DESCRIPTION 1. The Northeast Quarter�of Section 2, 7ownship i 17 North, Range 23 West, � Hennepin Co�nty, Minnesota, except that part of said sect�on 2 embraced within Woodhill Ridge, Woodhill�Ridge 2nd Add., Edgewood Place, RLS #1596, RLS . #i 098, Dako#a Rail right-of-way and Bur�ington Northern righE-of-way. �2, Part of the Northwest Quarter (NW 1!4) of Section 1, Township 117 North, � . Range 23 West, Hennepin �ounty, lying south of Burlington Northern right-of- � way and north of Dakota Rail right-ot-way. 3, A}I that part of Lot Thirty-four (34) in Auditor's Subdivision #45 lying South of - 6ur(ington Narthern right-of-way and north of the Dakota Rai) right-of-way. � - � Page 6 of 6