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Home My WebLink AboutResolution 4385 , - . , � .� 0,�. , • � � ��b - CITY of ORONO � ti � G'ti . . RESOLUTION OF THE CITY COUNCIL ��kESH�4�' NO. � � � :S A RESOLUTION GRANTING A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND SECTION 10.56, SUBDIVISION 16 (L) (1) AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISIONS 19-21 AND SECTION 10.55, SUBDIVISION 9 FILE NO. 2398 WHEREAS, the Wayzata Country Club (hereinafter the "applicant") is owner of . a property located at 200 Wayzata Boulevard within the City of Orono (hereinafter "City"); and WHEREAS, after due published notice and mailed notice in accordance with . Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on February 16, 1999 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and • WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to permit land alteration within a City protected wetland for the expansion of a ponding area along hole #6; and WHEREAS, the applicant has applied to the City for conditional use permits to Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivision 9 to permit land alteration to permit the expansion of two ponding areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2389. . 2. The City Council has previously approved a conditional use permit for.the tee and bunker construction and reconstruction. The Master Plan included the expansion of two ponding areas. � ..,. • Page 1 of 5 "4 .� .. � O� • O O . , - CITY of ORONO � ti � G'� RESOLUTION OF T�I�C�T�COUNCIL .� 9kESH.�4�' � NO. 3. The Council conceptually approved the expansion of the ponding areas in 1998, but required additional review and was not approved with the Master Plan for the Wayzata Country Club. 4. The City has recommended a 10:1 aquatic bench for pond construction. Since the pond is within a golf course and not a residential neighborhood it is appropriate to approve the pond at the 3:1 bench. A 10:1 bench would encourage vegetative growth in the shallow areas of the pond which the Country Club has indicated is not appropriate for a golf course pond. 5. The City Engineer has indicated any potential flooding would be conf'ined to the Wayzata Country Club property. 6. The Council fmds 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 would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, 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. 7. The City Council finds that granting a conditional use permit for land alteration 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 its use depreciate surrounding properry 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 Corrunission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. • Page 2 of 5 � o� • � � . e - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`�k'E H�g'�G NO. � 3 � � S CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.55, Subdivision 8 to pernut land alteration within a City protected wetland for the expansion of a ponding area along hole #6; and for conditional use pernuts to Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivision 9 to pernut land alteration to permit the expansion of two ponding areas. Approval is subject to the following conditions: � . 1. The land alteration is approved per the submitted plans, and subject to the issuance to a land alteration permit from the City of Orono. Any plan revisions would be subject to further review by the Planning Commission and City Council. � 2. Erosion control measures shall be in place prior to any land alteration activities, and shall not be removed until such time Staff authorizes removal. � 3. The fill removed from ponding areas shall be placed in the locations and to the grades as shown on the site plans on file with the City of Orono. � 4. Land Alteration Permits shall be issued annually for the remainder of the land alteration on the site as specified within Resolution No. 4146. . 5. Authorities granted by this resolution run with the property not with the owner, but are pernussive only and must be exercised by application for a building pernut and 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 (November 22, 2000). 6. 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of itself, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. • Page 3 of 5 :� , .. / . � O� ' • O O , CITY of ORONO � � � G'� . RESOLUTION OF THE CITY COUNCIL ��kESH�4�' � NO. � e3 � a� Adopted by the Orono City Council on this 22nd day of November, 1999. ATTEST: G'r . �/ Linda S. Vee, City Clerk Gabrie abbour, Mayor � � ! rt wner . STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of November, 1999, 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. C�� `�,f��'' MARY ANN JOHNSON Notary blic ::4 � � NOTARY PUBLIC-MINNESOTA =,.,��.�� My Commission Expires Jan.31,20Q0 " � .. .� . � • Page 4 of 5 c. �� +r h. � � O� O O � � CITY of ORONO . � F '� RESOLUTION OF THE CITY COUNCIL ��`9.ttE p4�'G NO. � � $ � SH STATE OF NIINNESOTA ) � • ) ss. COUNTY OF HENNEPIN ) ' �,co6 • On this f�i day of��u a.r2 u ,.].�- before me a Notary Public within and for said county, personally appeared�ours B. obe�eflavsez RcpReSC�f��9 �Javz�f4cou�`f,�yC/�.b 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. ,..., K � ;° j� MARYANNJOHNSON / •,�� NOTARYPUBLIC-MINNESOTA =�,„��.�' M}r Commissian Expires Jan.31,2000 � IvTOT Y P LIC 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 • Page 5 of 5 .