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HomeMy WebLinkAboutResolution 4045 .�:r " y['� i_._ . li ♦Y •- , I i !� � O� • O O ��b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCiL � �L�kE H.pg'�G . NO. d �(� �. � - . S A RESOLUTION GRANTING A VARIANCE TO MiT1vICIPAL ZONING CODE SECTION 10.55 SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTIONS 10.03 SUBDIVISION 19 AND 10.56 SUBDIVISION 16 (� FILE NO. 2338 . WHEREAS,Grant Wenkstern(hereinafter"the applicant")is the owner of Lakeview Golf Course Located at 405 North Arm Drive within the City of Orono (hereinafter the "City") and legally described as follows: � Exhibit A attached (hereinafter the "property"); and � WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Section 10.03 Subdivision 19 and Section 10.56 Subdivision 16 (�for land alteration to reconstruct two tees and create two ponds involving fill movement in excess of 500 • cubic yards,and for a variance to Section 10.55 Subdivision 8 for land alteration within 26'of a City- designated wetland where no grading or filling is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2338. 2. The property is located in the RR-1B Rural Residential Zoning District. The golf course operates as a conditional use in the RR-1B zone via a conditional use permit granted in September, 1968�. �3. The property is approximately 130 acres in area. . 4. The Orono Planning Commission reviewed this application on February 17, 1998 and recommended approval of the requested conditional use permit and variance based upon the following findings: • � Page 1 of 6 . r ' e, ' , • � O� , � O O ��6. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ���kE Hp4�� " NO. � � � p� . � S a. The proposal involves expansion of the Sth and 18th tees and creation of ponds in the adjacent lowlands. Both projects are part of the Lakeview Golf master plan which the City first reviewed in 1995. b. The adjacency of the tee expansion and pond excavation results in an efficient land alteration process; materials from creation of the ponds will be used to create the tee boxes, resulting in a balancing of excavation work on the site and little (if any) importation/exportation of fill. c. The areas proposed for excavation to create new ponds are not Orono designated wetlands and do not appear on the National Wetland Inventory. d. The pond near the Sth tee expansion will be approximately 6' deep at the center, and somewhat triangular in shape, being approximately 100' in diameter and approximately 6,000 s.f. or 0.15 acre in area. This project • involves the movement of approximately 1,000 cubic yards of material. . e. The 18th hole improvements involve the excavation of a pond approximately 60'wide and 200' in length or 12,000 s.f. in area, expansion of the 18th hole tee boxes,and general filling in a low area near those tee boxes and adjacent to the 9 acre pond in the east central portion of the course. The 9 acre pond is listed in the City protected wetland inventory �s a Type 5 wetland, and is primarily open water. While no filling of the 9 acre pond is proposed, the proposed grading will be within the 26' wetland setback, hence technically a variance is required. This portion of the course has been maintained in mowed grass, and the proposed filling will have no significant added impact on the quality or quantity of runoff to the 9 acre pond. � f. Neither proposed pond excavation involves impacts to e�sting wetlands.�The creation of ponds at these strategic locations on the course will potentially be of benefit to the watershed in general by creating more runoff storage, allowing sediments and nutrients to settle or assimilate prior to runoff discharging to downstream areas in the watershed. • Page 2 of 6 � o � � 0 0 � � ��b- - � CITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL ��`�$E Hp4�'G . . . NO. . . . . � S � g. The expansion of tee boxes is a normal and necessary improvement for golf courses,and at the locations proposed in this request,has no significant impact on the watershed or neighboring properties. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and conditional use permit . 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 variance for filling within 26' of a wetland boundary and granting a conditional use permit for the proposed land alterations 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 properry 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 fmdings,the Orono City Council hereby grants a conditional use permit per Section 10.03 Subdivision 19 and Section 10.56 Subdivision 16.(� for , land alteration to reconstruct two tees and create two ponds involving fill movement in excess of 500 cubic yards, and grants a variance to Section 10.55 Subdivision 8 for land alteration within 26' of a City-designated wetland where no grading or filling is normally allowed, subject to the following � conditions: � 1. As part of the pond excavation process, applicant shall create a 3:1 or flatter sloped bench at the perimeter of each of the proposed wetlands. 2. Erosion control measures following the Best Management Practices for Protecting Water Quality in Urban Areas shall be in place prior to beginning excavation, and shall remain in place until the site has been revegetated. • Page 3 of 6 � o � � 0 0 � ��b. - C ITY of ORONO � ' ti � '� RESOLUTION OF THE CITY COUNCIL ��`q.kE Kp4�'G . NO. �_d-�-�-��_ . S • 3. Applicant shall obtain the required City land alteration permit prior to beginning construction. . 4. Applicant shall provide any information requested by City Engineer prior to issuance of the land alteration pernut. 5. Applicant shall obtain any necessary permits from MCWD or any other agencies with jurisdiction. . 6. Authorities granted by this resolution run with the property not with the applicant, � but are pernussive only and must be exercised by obtaining a land alteration permit within one year of the date of Council approval, ar the variance and conditional use permit will expire on that date (March 9, 1999). 7. 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. 8. . 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 af title of the property. �. Adopted by the Orono City Council on this 9th day of March, 1998. . ATTEST: ', � J� ,� ��_ . l/d2�� � - Linda S. Vee, City Cle k � Gab 'el Jabbour, Ma or � Properry Owner(s) • Page 4 of 6 � °� �� o o . � ��a� - CITY of ORONO � ' ti �� �,'�' RESOLUTION OF THE CITY COUNCIL � � ��kESH�4� . NO. —�. Q1 ,C� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of March, 1998,by Gabriel Jabbour&Linda S. Vee,Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.HASEMAN � � �y ' -� �-•�J s "�` � NOTARY PUBIIGMINNESOTA NOt�PUUIIC si ��°F�'�.;.�• HENNEPIN COUNTY fi+ e tr� • ��? �.�;,,Y.•" My Comm�ssion FxD�«�an.31.2� • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this ��,rc� day of �`-�av'c/� , 1998 before me a Notary Public within and for said county,personally appeared��.+wl_�l<<+.�rn,nWner o� �kP����w Ga�f�'ovrs e,_ 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. �C,�/l g P�� /��(�tJ �o���•.. CAROLE A.HASEMAN NOTARY PUBLIC ' ` NOTARY PUBUC-MINNESOTA � . .} ;'�n":-,' . HENNEPINCOUNTY MM��� My Commission Expires Jan.31,2n00 • Page 5 of 6 , E�iIBIT A y ' , RESQI�7TION NO. ���-{5 � . � r- � LEGAI.DESCRIPTION � � . . Part 1 . � _ __ . The north five-eighths of the�vest one-half of the southwest quarter.and that part of the northeast ' quarter of the southwest quarter lyi.n�sout}iwesterly of Counry Road No.4�(North Arm Drive),also that part of the south half of the north half of the southwest quarter of the southwest quarter lying . east of the west 500 feet thereof,and that part of the west�00 feet of the south half of the north half . � of the southwest quarter of the southwest quarter lying south of the north 178.45 feet thereof, also � � .� that part of Govern.ment Lot 3lying southwesterly of County Road No:43 (North Arm Drive)except . that part embraced in Registered Land Survey No. 1�08,and com.mencing at a point in the west line � of the southeast quarter of the southwest quarter a distance 203 feet north from the southwest comer - thereof,thence east 400 feet thence north I00 feet thence east 150 feet thence south 303 feet to the � sout.ti line of the southeast quarter of the southwest quarter thence east to the southeast comer of the � . southwest quarter thence north to the northeast corner of the southeast quarter of southwest quarter. thence west to the northwest corner thereof thence south to the poi.nt of begi.n.ning, all being in Section 6; Township 117 North, Range 23 West, Hennepi.n County, iVli.nnesota, excluding roads. (Also known as PINS No. 06-117-23 32 0002). � Part 2 � � � That part of the northwest quarter of the northeast quarter of Section 7,Township 117 North,Range �� 23 West of the fifth principle meridian,lying northeasterly of the centerline of County Road No. 151 � and westerly of the centerline of County Road No. 43 (North Arm Drive). (PINS No. 07-117-23. 12 � 0001). c� � . , � .