HomeMy WebLinkAboutResolution 2529n
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2529
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (C)
AND PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (C)
GRANTS A CONDITIONAL USE PERMIT
FILE #1335
WHEREAS, John B. Winston, an authorized representative of the
Woodhill Country Club (hereinafter "the applicant") has an interest in the
property located at 200 Woodhill Road within the City of Orono (hereinafter
"City") and legally described as follows:
The West 1/2 of the Northeast Quarter of Section 2, Township 117
North, Range 23 West, Hennepin County, Minnesota, except that part of
said Section 2 embraced within Woodhill Ridge, Edgewood Place, RLS
#1596, and RLS #1098 (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of Orono
per Municipal Zoning Code Section 10.20, Subdivision 3 (C) seeking approval
14f a conditional use permit for the construction of an accessory structure
- or the country club use and in addition seeks an area variance for the
oversized structure proposed at 10,800 s.f. where only 1,000 s.f. is
allowed per Section 10.03, Subdivision 9 (C).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1335.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District.
3. The property is approximately 70+ acres in area.
4. The Orono Planning Commission reviewed this application on October
3, 1988, and recommended approval of a conditional use permit that
would allow the construction of an accessory structure for the country
club use per Zoning Code Section 10.03, Subdivision 9 (C) and
recommended approval of an area variance for the oversized accessory
structure at 10,800 s.f., based on the following findings:
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City of oR,olvo
RESOLUTION OF THE CITY COUNCIL
NO.
2529
A) The proposed structure meets all required setbacks and would
appear to have no negative impact on the surrounding residential
properties.
B) The single, larger structure would have less of an impact
than several maintenance structures with access drives, and would
also provide the means for a more efficient maintenance
operation.
C) The location of the structure will minimize tree removal with
the construction and grading.
D) The generous setback to the west side lot line, existing
topography, and natural screening surrounding the location of the
proposed structure lessen the impact of the structure to the
residential neighborhoods
5. 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.
6. The City Council finds that granting a conditional use permit to
allow the construction of a maintenance structure for the use by the
Woodhill Country Club 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 approves an area variance for the oversized, 10,800 s.f. of
essory structure, at 9,800 s.f. where only 1,000 s.f. is allowed and per
ction 10.20, Subdivision 3 (C) grants a conditional use permit for the
accessory structure for the use of Woodhill Country Club, subject to the
following conditions:
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City of OR ONO
• RESOLUTION OF THE CITY COUNCIL
n(.
L
NO. 2529
1. All residential use of the house structure to the south of the
proposed maintenance structure must be discontinued prior to
preliminary excavation work for new construction.
2. Per Appendix E of the Uniform Building Code, the maintenance
structure must be provided with a fire suppression system.
3. In the granting of this conditional use permit and variance by
the City for the oversize maintenance/storage structure, the applicant
is hereby placed on notice that if the City receives complaints from
adjacent residents regarding an increase or intensification of
vehicular/repair noises resulting from the use of said structure that
the City shall reopen consideration of the conditional use permit upon
written notification of both the applicant and affected neighbors.
4. Authorities granted by this resolution run with the property and
not with the owner, but are permissive only and must be excersized by
• application for a building permit within one year of the date of
Council approval or the special conditions of this resolution will
expire on that date (October 24, 1989).
5. 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.
6. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of the Woodhill Country
Club its 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 24th day of October,
198 .
ATT T:
0 othy M. allin, City Clerk *JamsR. Grabek, Mayor
Thomas V. Markle, Vice President of Woodhill Country Club
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31
CITY
OF
STATE OF MINNESOTA
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2529
ss.
COUNTY OF HENNEPIN )
On this c < &��— day of �� ��� , 198
before me aary Publi within an for said county, personally
appeared �CTyyl CSS / f'Y)��� �� 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.
• IICR p �0HAAB
NTYTA
MYHE'cc "'°N" eCxa�aus g.8 -s2
STATE OF MINNESOTA
MY COMMISSION EXPIRES
)ss.
COUNTY OF HENNEPIN )
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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