HomeMy WebLinkAboutResolution 3592 i
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'�' �RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
A VA�tIANCE TO MUNICIPAL ZONING CODE
� SECTION 10.03, SUBDIVISION 9 (C) AND CONDI'TIONAL USE PERMITS
P�R SECTIONS 10.03, SUBDIVISION 19 AND
SECTION 10.20, SUBDIVISION 3 (C)
� FILE NO. 2046
WI�REAS, Grant Wenl:stern (hereinafter the "applicant") is the owner of
Lakeview Golf of Minnetonka, Inc. located at 405 North Arm Drive within the City of Orono
(hereinafter the "City") and legally described as follows:
Exhibit A attached (hereinafter the "properry"); and
WHEREAS, the applicant has made application to the City of Orono for a
conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to construct
• an accessory structure on the golf course operating within the RR-1B residential zone as a
conditional use; and a variance to Section 10.03, Subdivision 9 (C) to permit said 4500 s.f. ,
accessory structure to exceed the 3000 s.f. maximum oversize accessory structure footprint
normally allowed, and to allow 6790 s.f. of total accessory buildings on the property where only
6000 s.f. total of accessory buildings would normally be allowed; and for a conditianal use
permit per Section 10.03, Subdivision 19 for land alteration to reconstruct two fairways
involving fill movement in excess of 100 cubic yards.
NOVV, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2046.
2. The properry is located in the RR-1B Rural Residential Zonin; District. The golf
course operates as a conditional use in the RR-1B zone via a conditional use
permit granted in September, 1968. .
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3. The property is approximately 130 acres in area.
4. The Orono Planning Commission reviewed this application on August 21, 1995
and recommended approval of the requested conditional use permits and variance
based upon the following findings: ,
� a. The proposed accessory structure is for the storage of golf course
maintenance equipment which is currently stored outside. The other
storage buildings on the property, including an 1120 s.f. two-story storage
building at the southwest corner of the property and an 1170 s.f. garage
west of the clubhouse, are being used to capacity and do not provide
adequate storage for the necessary equipment used to maintain the golf
course.
b. Planning Code Section 10.03, Subdivision 9 (C) currently allows a
• maximum individual oversize accessory structure footprint of 3000 s.f. for
any property of 9.01 acres or more. That section does not otherwise
� address appropriate accessory structure sizes for larger properties. �3y
extrapolating the oversized accessory structure table of that section, an
additional 200 s.f. of individual accessory structure might be added for
each additional credited acre above 9 acres. A 4500 s.f. building would
then require a 17 acre parcel. The applicant proposes to construct this
building on a 130 acre parcel.
c. Similarly, the total allowance for all accessory buildings on a property of
9.01 acres or more is 6000 s.f., and the Code does not address allowances
for larger properties. When extrapolated, the current Code table allows
400 s.f. additional total accessory structure footprint area for each
additional acre, and therefore only a 12 acre lot might be required to
support the proposed 6790 s.f. of accessory structure proposed for the
property.
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d. The applicant will be required to execute the standard Oversize Accessory
Structure Covenant, which places limitations on the future subdivision of
the property in order to ensure that the oversized accessory structure will
not become non-conforming due to a future subdivision.
e. The buildin� is proposed to be located 470' from the westerly lot line,
. 640' from the northerly lot line, 800' from the southerly lot line, and
1200' from the easterly lot line. Section 10.20, Subdivision 3 (C)
. requires a minunum 50' setback from any properry lines for such a
structure. The proposed building is sufficiently distant from neighboring
properties to have no significant impact on those properties.
f. Because the portion of property between the proposed building location
and the surrounding roads to the west and north is relatively open, it
would be appropriate to require a vegetative screening plan be developed
• to minimize the visual impact of the building as viewed from those roads.
. g. The proposed land alteration to relocate fairways #15 and#16 involves the
movement of approximately 1800 cubic yards of fill on the site, with no
import or export of fill proposed.
� h. No wetlands are involved in the project. However, there is the potential
of creating a 3000-5000 s.f. pond on the upland as part of the fill
balancing. Such pond will become an integral feature of the golf course.
i. No changes are proposed to tees or greens at this time. The proposed
work will be done in the Fall of 1995, and applicant has stated his intent
to commence revegetation immediately so that the course is in condition
to be playable in 1996.
j. This proposal is part of a long-term master plan for improvements of the
� course. However, this review only involves reconstruction of fairways
#15 and #16 and the construction of the proposed storage building.
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5. The City 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 proposed variance for the oversized accessory structure 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.
6. The City Council finds that granting a conditional use permit to allow the
construction of an additional accessory building in the location proposed and
regrading fairways #15 and#16 as proposed 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 properry, nor will it depreciate
• surrounding property values and that the proposed level of use of the property
will be in keepin� with the intent and objectives 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 per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to
construct an accessory structure on a golf course operating within the RR-1B residential zone
� as a conditional use; and a variance to Section 10.03, Subdivision 9 (C) to permit said 4500 s.f.
accessory structure to exceed the 3000 s.f. maximum oversize accessory structure footprint
normally allowed, and to allow 6790 s.f. or total accessory buildings on the property where only
6000 s.f. total of accessory buildings would normally be allowed; and a conditional use permit
per Section 10.03, Subdivision 19 for land alteration to reconstruct two fairways involving fill
movement in excess of 100 cubic yards, subject to the following conditions:
1. The property owner.shall execute the standard Oversize Accessory Structure
Covenant prior to issuance of a building permit for the storage structure.
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'�' RESOLUTION OF THE CITY COUNCIL
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2. Prior to issuance of the building permit, applicant shall provide for staff approval
a suitable screening plan for the building, such plan to reduce the visual impact
of the building as viewed from surrounding roads and properties.
3. Applicant shall provide all survey work required by the Building Inspections
Department for issuance of the required storage building permit. Further,
• applicant shall prior to issuance of a Certificate of Occupancy for the building
provide an updated survey of the golf course properry showing the location and
dimensions of all existing buildings on the property, and incorporating revised lot
lines since the 1974 survey.
4. Applicant shall obtain the required land alteration permit prior to commencing
grading work.
5. During the regrading of fairways #15 and ##16 and during revegetation, applicant
� shall adhere to all erosion and sediment control measures required by the City,
including "Best Management Practices for Protecting Water Quality in Urban
� Areas".
6. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a building
permit within one week of the date of Council's approval, or the special
conditions of this resolution will expire on that date (August 28, 1996).
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 of title of the
� property.
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��L ��,'�'� RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council on this 28th day of August, 1995.
A'TjfEST:
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orothy M. a lin, City Clerk Edward J. Call an, r., Mayor
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Property Owner(s) *
STATE OF MINNESOTA )
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� COUNTY OF HENNEPIN )
' The f�re�omg instrument was acknowledaed before me on this 28th day of
August,� 1995 by Edward J. Caliahan, Jr. and Dorothy M. Hailin, Mayor and Cit�� Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
,._.�. LINDA S.VEE ���� � , /�v
�`��' `` � NOTARY PUBLIGtJIINNESOTA G/
:,:� ;-o; HENNEPIN COUNTY
�,�.•• My Commission Expires Jan.31,2000 Notary Public
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this �2!� day of� � �d�f'' , 199� ,before me a Notary Public
within and for said County,personally appeared �V'�iri� /�• G����KS-!�m , .� r�s����-�-
known to me to be the person(s) described in and who executed the foregoing instrnment, and
acknowledged that he (they) executed the same as his (their) free act and deed.
,y���� ���
o�•�� LINDA S.VEE Notary Public
:V'�' `` �' NOTARY PUBLIC-tJIINNESOTA
• ',e: HENNEPIN COUNTY
�-�•••° My Commission Expires Jan.31,2000
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�. EXfiIBIT A
RESOI,UTION NO. 3592 �
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� � LEGAL DESCRIPTION �
Part 1
The north five-eighths of the west one-half of the southwest quarter and that part of the northeast -
quarter of the southwest quarter lying southwesterly of County Road No.43 (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 500 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 Government Lot 3 lying southwesterly of County Road No.43 (North Arm Drive)except
that part embraced in Registered Land Survey No. 1508,and commencing at a point in the west line
of the southeast quarter of the southwest quarter a distance 203 feet north from the southwest corner
thereof,thence east 400 feet thence north 100 feet thence east 150 feet thence south 303 feet to the
south line of the southeast quarter of the southwest quarter thence east to the southeast corner of the
southwest quarter thence north to the northeast comer of the southeast quarter of southwest quarter
thence west to the northwest corner thereof thence south to the point of beginning, all being in
Section 6, Township 117 North, Range 23 West, Hennepin County, Minnesota, 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). �
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