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HomeMy WebLinkAboutResolution 2708 ._...�:.s �..,. .��.,...e..,.. W... ._.__ _w....� .._. �.�.._._r____� _ _ _ _ :n�� `_�._ . <. ..:� _ . �, __ __..__ . ,,_ .. _�._.. . . . . .. . .. __ . � - _ _ _ • . , ;- yz-'f�+'.',�:.... .+,,. ,!i"j , : ..vn.5.. ".�.. .-� . . . . . ..�.�.. . . . ....... .. . . . am, ' � . _ .. ._... � ., . .. . I..i�'+t`W'�-..._.. _._... �„.,� �x ,,..,.�.�:_ .�...,, ,-.,-__-.'.__.. _ .. �_-_— ,.,: :. _. _ , _, ...--.�.......__ .__. . _ - : _. _ � ,: � _ �_ . . ' e c�t� o� oR,oNO �, • � RESOLUTION OF THE CITY COUNCIL � � . NO. 2708 . • - • • A RSSOLDTION GRANTING A CONDITIONAL IISE PERMIT Pffit MIINICIPAL ZONING COD$ SECTION 10.03, SDBDIVISIONS 19 & 20 FII.E #1447 . WHEREAS, Grant Wenkstern of Lakeview Golf of Orono, Inc. (hereinafter "the applicant") has an interest in the property located at 405 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, ' attached (hereinafter "property" ) ; and _ WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to allow grading work in excess of 100 cubic yards for the purpose of improving or expanding tee and green areas on the golf course property. NOW, TH$REFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: • FINDINGS l. This application was reviewed as Zoning File #1447. 2. The property is located in the RR-1B Rural Residential Zoning District. 3. The property is approximately 135 acres in area. 4. On September 6, 1989, the Orono Planning Commission reviewed the applicatin and recommended approval of the land alterations in excess of 100 cubic yards for the purpose of improving or expanding greens and tee areas as proposed based on the following findings: A) The City Engineer, in his report dated August 17, 1989, recommended approval of the land alterations as proposed. B) The proposed land alterations are not located within a designated wetland area. C ) The proposed land alterations will have no significant impact on the quality or quantity of run- • off to Lake Minnetonka. � Page 1 of 4 j 1 Clt o� ORONO . � � • RESOLUTION OF THE CITY COUNCIL • NO. 2708 . • • • • 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. 6. The City Council finds that granting a conditional use permit to allow the proposed land alterations will not be 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 its use 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. CONCLDSIONS, ORDffit 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, Subdivisions 19 and 20 to allow grading and fil ling activities that will improve or expand greens and tee areas within the subject property, subject to the following conditions: . l. Applicant to obtain a land alteration permit from the City prior to commencement of work. 2. Applicant to provide appropriate erosion control upon commencement of work and until ground cover is restored. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by the installation of the pond within one year of the date of Council approval or the special � conditions of this resolution wil 1 expire on that date (September 25, 1990). 4. 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. • • Page 2 of 4 / } ' w ' 1 1 Cit� o� ORONO _ - � • RESOLUTION OF THE CITY COUNCIL • NO. 2708 • � • • 5. The undersigned applicant has read, understood and hereby . agrees to the terms of this resolution and on behalf of Lakeview Golf or Orono; Inc. 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 25th day of September, 1989. ATT ST: , .� !� ' . , Do othy . Hallin, City Clerk Edward J. Call;�han Jr. , Acti Mayor / � � � �fi.nG� �i�^s- �t,.0 — _.✓ ��� f"`_" /'!�/ C''�� ' Property n (s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on � this 25th day of September, 1989, by Eclward J. Callahan Jr. & Dorothy M. Hallin Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � No ary Public LAURIE K. SCHE�FI.ER . . . w �?a�. µpTARY PUBUC—MINN6S�Fl� . ' `"Yi' HENNEPIN COUNTY �ti;��3�' My commiasion�xpit��a•8�9� My Commission Expires Page 3 of 4 • ; . . , . . � , 1 � o . Cit� o� ORONO �� . � S • RESOLUTION OF THE CITY COUNGL � NO. 2708 • � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ���' day of ��-p�2n� , 198 g before me a Notary Public within a for said county, personally appeared d- Q�YI known to me to be the person(s) described in an who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their} free act and deed. ER�SA L. NAAB " �'Z-L.C/" • t10�i�Y ausuC•MINNESOTA NOTARY PUBLIC �ENpp�p��WraViNs�TsY-s2 ���9a � MY GOMMISSION 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 • MY COMMISSION EXPIRES Page 4 of 4 v . : . . .� { ' } i . . • � � • RESOLUTION #2708 Exhibit A 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 I.ying Southwesterly of County Road 43 (North Arm Drive) ; al.so 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 f eet 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 Zying South of the North 178.45 •feet thereof; also that part of Government Lot 3 lying SouthwesterI.y 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 feet North from the Southwest corner thereof, then East 400 f eet, 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 EGst to the Southeast corner of the aSouthwest 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; excl.uding roads; a1l� the above described property located in Section 6., Township 117 North, Range 23 West of the Sth Principal Meridan, - - -� . - - �._� ._---- _ ,-r_-�'''�=��==:';"` . . ,, . -- � �