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HomeMy WebLinkAboutResolution 2592• city of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2592 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1379 WHEREAS, Wayzata Country Club (hereinafter "the applicant") is the owner of property located at 200 Wayzata Boulevard located within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A (hereinafter the "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the excavation of a pond requiring the removal of approximately 2,500 cubic yards of fill, requiring a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivisions 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File #1379. 2. The property is located in the RR -1B, Single Family Rural Residential Zoning District. The Country Club operates this golf course under an existing Conditional Use Permit. 3. On February 21, 1989 the Orono Planning Commission reviewed the application and recommended approval as proposed, finding that the proposed pond is not located in a wetland area, and will increase the water storage on the Golf Course property, thereby providing a general benefit to the watershed. 4. The City Council finds that granting a conditional use permit to allow the excavation of the proposed pond 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. • Page 1 of 4 • • 0 City of ORONO RESOLUTION OF THE CITY COUNCIL e 2592 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 to permit the construction of a pond along the east side of Fairway #12 of the Wayzata Country Club Golf Course, subject to the following conditions: 1. Spoils shall be placed at the applicants regular fill site in the City of Wayzata. Applicant is advised to obtain whatever permits may be necessary from the City of Wayzata for the regular fill site. If that site is not used and some site ,in Orono is proposed, the proposed fill site will need further review by the City. 2. The property owner and his grading contractors shall take whatever steps are necessary to ensure that grading and excavation of this site does not adversely affect any other drainageways in the area due to erosion or sedimentation. The disturbed areas shall be revegetated as soon as possible. 3. The property owner shall provide a legal description and grant a conservation and flowage easement over the 1/4 acre pond to be created and the adjacent 1/2 acre pond. 4. The applicant is advised to contact the Minnehaha Creek Watershed District to obtain any permit they may require for construction of this pond. 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 owner 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. Page 2 of 4 1989. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2592 Adopted by the Orono City Council on this 13th day of March, y Mlf Hallin, City Clerk Jams R. Grabek, Mayor 4 v G% P erty wner(s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The fore . g instrument was acknowledged before me on this day of /' , 19a, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. A 'ADUK SCHEFFLEIt NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Page 3 of 4 0 City of ORONO STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) RESOLUTION OF THE CITY COUNCIL NO. 2592 On this c>2/7�� day of , 1989 before me a Notary Public with'n and for said county, personally appeared %L /P•�� known to me to beP the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. P P f P+1�aV1S lARSDN LftJDBIP,D NOTARY PUBLIC • '� ' Notary PaL•iic minncaota j county of Hennepin � My Commission Expires June 9. 1989 q (� 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, 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 0 MY COMMISSION EXPIRES Page 4 of 4 EXHIBIT A Resolution No. 2592 Legal Description: The Southeast one-quarter of the Southwest one-quarter, Section 36, Township 118, Range 23, lying Southerly of Watertown Road (Old Long Lake Road) and Southerly of the Luce Line right- of-way, excluding road. Also known as P.I.D. No. 36-118-23 34 0001. All in Hennepin County, Minnesota. t