HomeMy Public PortalAbout2014-023 Resolution Approving CUP for Accessory Dwelling for Kirsten ChapmanMember Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2014-23
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN
ACCESSORY DWELLING UNIT FOR KIRSTEN CHAPMAN
AT 1910.IROQUOIS DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Kirsten Chapman (the "Applicant") owns property 1910 Iroquois Drive
which is legally described in Exhibit A, attached hereto; (the "Property"); and
WHEREAS, the Applicant has requested approval from the City of a conditional use
permit to convert an existing accessory structure into a two -bedroom accessory dwelling unit;
and
WHEREAS, the setback of the existing accessory structure conformed with principal
structure setbacks at the time of construction but became non -conforming for all uses as a result
of a subsequent change in the City's zoning ordinance; and
WHEREAS, subject to City approval and certain conditions, an accessory dwelling unit
is an allowed conditional use within the rural residential zoning district; and
WHEREAS, the Planning Commission reviewed the request on March 11, 2014, heard
from interested parties, and recommended approval of the conditional use permit, and
WHEREAS, the City Council reviewed the request at the April 1, 2014 meeting,
considered the recommendation of the Planning Commission and heard other relevant
information as reflected in the record; and
WHEREAS, the City Council has found that, subject to the terms and conditions
described below, the proposed conditional use permit meets the criteria contained in Section
825.39 of the City Code and is consistent with the requirements of Section 826.98.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants conditional use permit approval for an accessory dwelling unit, subject to the
following terms and conditions:
1) The single-family dwelling and accessory dwelling unit may not be conveyed separately
and shall at all times be under common ownership.
Resolution No. 2014-23
April 15, 2014
2) A septic system meeting all relevant state and local regulations shall be installed to serve
the accessory dwelling unit within six months of any conveyance of the subject property
or within five years of the date of this approval, whichever occurs first. If a new system
has not been installed prior to sale, the Seller shall ensure that an escrow adequate to
cover the cost of installation is provided to the City at or prior to closing. The Seller shall
also ensure that the City is notified of the sale.
3) The property owner shall occupy either the principal single-family dwelling or the
accessory dwelling unit as their primary residence.
4) None of the existing vegetation which screens the structure shall be removed unless
approved by City staff.
5) The property and accessory dwelling unit shall be maintained by the owner on an on-
going basis in compliance with all conditions of this resolution and all conditions of
Medina City Code Section 826.98, Subd. 2(p). Failure to do so may result in the
revocation of this conditional use permit.
Dated: April 15, 2014.
By:
Attest:
Al//
By: , // .J
Scott T. John on, City Administrator -Clerk
beth Weir, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Pederson
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Pederson, Weir
And the following voted against same: (Absent: Martinson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-23 2
April 15, 2014
EXHIBIT A
Legal Description of the Property
That part of the West 390 feet of the East 984 feet of the Northwest quarter
of the Southeast Quarter lying South of the North 660 feet thereof, Section 22,
Township 118 North, Range 23 West of the 5th Principal Meridian, EXCEPT that
part thereof included within the circumference of a circle having a radius of
40 feet, the center of said circle being a point described as follows: Commencing
at the intersection of the West, line of the East 594 feet of said Northwest
Quarter of the Southeast Quarter with the South line of the North 660 feet
of said Northwest quarter of the Southeast Quarter; thence West along said
South line of the North 660 feet a distance of 30 feet; thence deflecting
left 90 degrees a distance of 26.46 feet to said point.
Resolution No. 2013-23 3
April 15, 2014