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Home My WebLink AboutResolution 2118 ..- -.l ' � � � I r�..��,�� . St • �1 `. � Cit� o� ORONO • R�SOLUTION OF THE CITY COUNCIL � NO. 2118 • - • • A R$SOLDTION GRANTING A VARIANCE TO I�iUPIICIPAL ZONING COD$ SECTION 10.55, SUBDIVISION 8 AND AND A CONDITIONAL DSE P$RMIT Pffit MONICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1012 WHEREAS, Wayzata Country Club (hereinafter "the applicant") is the owner of the property located at 200 Wayzata Boulevard located within the City of Orono (hereinafter "City") and legally described as follows: The southwest quarter of the southeast quarter of Section 36, Township 118 North, Range 23 West of the 5th Principal Meridian, excluding roads ; Also known as P.I.D. #36-118-23 43 0001 (hereinafter "property"); and � WHEREAS, the applicant has made application to the City of Orono • to permit the maintenance dredging of a golf course pond that is a City- designated protected wetland, requiring a variance to Zoning Code Section 10.55, Subdivision 8, and to permit the maintenance grading of existing drainage ditches on the property, both projects requiring a conditional use permit per Zoning Code Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � � FINDINGS 1. This application was reviewed as Zoning File #1012. 2. The property is located in the RR-1B Single Family Rural � Residential Zoning District. 3. The Orono Planning Commission reviewed this proposal on January 20, 1987 and recommended approval of the variance and conditional use permit, finding that the projects are anticipated to have no detrimental environmental effect if the drainageways are protected by silt fence during the course of the project. No increases in rate or volume of run-off are anticipated. 4. The dredge spoils from the pond are anticipated to amount to approximately 500 cubic yards ,of material, which is proposed to be . removed to a site on high ground in Wayzata,� south of Old Long Lake _ • Road. The spoils from the ditch excavation are expected to amount to approximately 2,000 cubic yards which is proposed to be filled on rough areas adjacent to the ditches to create berm areas. ; Page 1 of 4 � � � Clt� o� ORONO � • RESOLUTION OF THE CITY COUNCI L � NO. 2118 • - • • 5. The pond to be maintenance-dredged was originally created many years prior to its designation as a protected wetland. The maintenance dredging is not intended to enlarge the area of the pond nor change its original character, but may provide additional sediment accumulation value within the pond. 6. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply general ly 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 al leviate a demon- strable 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 Counci 1 f inds that granting a conditiona 1 use permit to • allow the proposed dredging and grading projects 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 properties, nor will it 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. . - CONCLIISIONS, ORDffit AND CONDITIONS � ' ' Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to permit the maintenance dredging of a golf course pond that is a City-designated protected wetland, and a conclitional use permit per Section 10.03, Subdivision 19 for maintenance grading and excavation of pond and drainage ditches, subject to the fol lowing conditions: 1. Maintenance dredging of the pond shall not alter the existing boundaries of the pond. 2. Dredge spoils from the pond shall be removed from the site. 3. A silt fence shall be placed at the pond outlet during the dredging operation to trap any suspended sediments resulting from the project. • • 4. Ditch maintenance spoils may be placed on the site near the drainage ditches as proposed for berming/fill purposes and shall be . immediately seeded after placement. � . � Page 2 of 4 _ . - __ _ . % � . � . cit� o� oR,oNO � • RESOLUTION OF THE CITY COUNCIL • � NO. 2118 • - • • 5. Applicant is advised to contact the Minnehaha Creek Watershed District and is subject to any permit they may require. 6. Applicant .shall grant a Flowage and Conservation Easement over the pond area, legal description to be provided by the applicant. � 7. Future maintenance dredging of this specific pond and ditches will not require further conditional use permit review if performed in accordance with the terms and conditions stated herein. However, a grading/excavation permit must be obtained from the City for this current project prior to its commencement, and prior to any future maintenance excavation of the same pond and ditches. 8. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a grading permit within one year of the date of • Council approval, or the special coditions of this resolution will expire on that date (February 9, 1988). 9. Violation of or non-compliance with any of the terms and -condi- tions of this resolution sha11 constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. 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 Orono City Council on this 9th day of February, � 1987. AT ST: ,l D thy M allin, City Clerk Jam s R. Gra , ayor �VN'U��'"'�� :V�C9�^"�,�Q � . operty Owner(s • _ ' Page 3 of _4 .� , . . � . J�.♦ �. . � c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2118 • - • • � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of �� YGCC1Li�1'� � ___► 198� before me a N ta�ry Public within and for said �unty, personally appeared �ZC�S �.�r►dh/a�, c� /'in �1� known to me to be the person(s ) described in a d� who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. «�L. NM� C�� COU�T� NOTARY PUBLIC � w.��.�,�.� . ��- qa - - - MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and � for said County, personal ly appeared known t� 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 � � ' MY COMMISSION EXPIRES - - , � -_ - _ _ _ -- �- � � . . __._ . _. Page 4 of 4 = _ . . . . •- ; � _ . _ _