HomeMy WebLinkAboutResolution 2515f=M �,
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d City of ORONO
• ''; RESOLUTION OF THE CITY COUNCIL
NO. 2515
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISIONS 19 & 20,
AND GRANTING AN AFTER -THE -FACT VARIANCE
AND CONDITIONAL USE PERMIT PER
SECTION 10.05, SUBDIVISION 8 AND
SECTION 10.03, SUBDIVISIONS 19 & 20
FILE #1325 & 961
WHEREAS, Lakeview Golf of Orono Inc. (hereinafter "the
applicant") is the owner of the property located at 405 North Arm Drive
within the City of Orono (hereinafter "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 to allow grading work in excess of 100 cubic
yards for the purpose of creating three small ponds and a new tee box on
the golf course property and has applied for an after -the -fact variance and
conditional use permit for two ditch maintenance projects and creation of a
small pond which occurred in 1985.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1325 and File #961.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District.
3. The property is approximately 135 acres in area.
4. The Orono Planning Commission reviewed Application #961 on
September 16, 1985 and recommended approval of the proposed variance
for maintenance of a ditch area located within a designated wetland,
and recommended approval for the requested after -the -fact conditional
use permit for maintenance grading of the above mentioned ditch and
one other ditch, as well as creation of a 0.08 acre pond in a fairway
• area, based on the following findings:
A) The City Engineer recommended approval of the projects.
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} d City) of ORONO
•r� RESOLUTION OF THE CITY COUNCIL
NO. 2515
B) The two ditch projects were merely maintenance of existing
ditchs.
C) The proposed 0.08 acre pond was not in a designated wetland
area.
D) The proposed projects had no significant impact on the
quality or quantity of run-off to Lake Minnetonka.
5. Discussions with the Minnehaha Creek Watershed Distict
subsequently indicated that the Watershed District had no concerns or
problems with the work that had been completed in 1985.
6. The Orono Planning Commission reviewed Application #1325 on
September 19, 1988 and recommended approval of the proposed
conditional use permit for grading projects, including a new tee box
and three small pond areas, based upon the following findings:
• A) None of the proposed excavation/fill sites are within a
designated wetland area..
B) • The ponds are proposed for aesthetic purposes and to create
a more interesting and challenging golf outing, while potentially
eliminating on-going maintenance problems in wet areas.
C) Construction of the new tee box is partially the result of a
request by the neighboring property owner to move the tee further
away.from his residence where he is occasionally bothered by
golfers near his house. The new tee box location will also
potentially reduce the number of golf balls interfering with
traffic on County Road 19.
D) The ponds will be 4' in depth with 3:1 side slopes and the
bank areas left as grassed area. .
E) The project will leave a net spoil amount of approximately
1,600 cubic yards. The spoil disposal site is located' on higher
ground south of the northern most proposed pond and will yield a
fill area approximately 50' wide, 275' long and about 2;1' deep,
which will blend in with the existing hill contours of that area.
F) The proposed projects will have no significant impact on the
• quality or quanitity of runoff entering Lake Minnetonka. A minor
amount of additional upper watershed storage capacity will be
created.
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•
•
City of ORONO
RESOLUTION OF THE CITY COUNCIL
m
2515
7. The City Council finds that the conditions existing on this pro-
perty 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 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.
8. The City Council finds that granting a conditional use permit to
allow the proposed and previously completed 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.
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 10.03, Subdivision 19 & 20 and grants an after -the -fact variance
and conditional use permit per Section 10.03, Subdivision 19 & 20 and
Section 10.55, Subdivision 8 to allow grading projects including three
ponds and a tee box currently being requested, and after -the -fact approval
for two ditch maintenance projects, one of which was within a designated
wetland area, and creation of a small pond in a fairway area, subject to
the following conditions:
1. For the currently proposed projects, spoils shall be transported
to the site designated as "Spoils Disposal Site" on the proposed plan,
such spoils will be immediately graded and seeded upon completion of
the pond excavation work. Proper erosion controls, including silt
fence, shall remain.in place until the spoils site is re -vegetated.
2. Per the current fee schedule for grading projects involving more
than 1,000 cubic yards of fill or excavation, applicant's contractor
or applicant shall obtain a $100.00 land alteration permit prior to
commencement of the work.
3. Authorities granted by this resolution
• with the applicant, but are permissive only
application for a building permit within
Council approval, or the special condition
expire on that date (October 10, 1989).
Page 3 of 5
run with the property not
and must be exercised by
one year of the date of
s of this resolution will
City of ORONO
RESOLUTION OF THE CITY COUNCI L
NO. 2515
4. Violation of or non-compliance with any of the terms and condi-
tions 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.
5. 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 .10th day of October,
198n8.
AT4T :
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0
Y � �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of ORONO
ss.
RESOLUTION OF THE CITY COUNCIL
NO. 2515
On this 11th day of October , 1988
before me a Notary Public within and for said county, personally
appeared Grant R. Wenkstern, President 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.
[(0THEjCREE
L. NAAB
• NOTARY PUBLIC - MINNESOTA
MY commIWIoo eCPOes 8T8 92
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
AVI,
NOTA1ZY PUBLIC
9/8/92
MY COMMISSION EXPIRES
On this day of , 198, 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
MY COMMISSION EXPIRES
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►ZESocuT/ON Z5�5
The North 5/8 of the West 1/2 of the Southwest 1/4, and that
part of the Northeast 1/4 of the Southwest' 1/4 lying
Southwesterly of County Road 43 (North Arm Drive); also
that part of the South 1/2 of the North 1/2 of the Southwest
1/4 of the Southwest 1/4 lying East of the West 500 feet
thereof, and that part of the West 500 feet of the South 1/2
of the North 1/2 of the Southwest 1/4 of the Southwest 1/4
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 1/4 of the Southwest 1/4 a distance of
203 f eet North from the Southwest corner thereof, then East
400 feet, then North 100 feet, then East 150 feet, then
South 303 feet to the South line of the Southeast 1/4 of the
Southwest 1/4, then East to the Southeast corner of the
Southwest 1/4, then North to the Northeast corner of the
Southeast 1/4 of the Southwest 1/4, then West to the
Northwest corner thereof, then South to the point of
beginning; excluding roads; all the above described property
located in Section 6., Township 117 North, Range 23 West of
the 5th Principal Meridan _-
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