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HomeMy Public PortalAbout2015-040 Resolution Approving Animal Structure Setback Variance for Todd and Katie MOnger at 1272 Homestead TrailMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-40 RESOLUTION APPROVING ANIMAL STRUCTURE SETBACK VARIANCE FOR TODD AND KATIE MONGER AT 1272 HOMESTEAD TRAIL WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Todd Monger and Kathryn Monger (the "Applicants"), own property located at 1272 Homestead Trail (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicants have requested a variance to reduce the required animal structure setback from property lines from 150 feet to 75 feet; and WHEREAS, the Planning Commission reviewed the requested variance at a duly noticed public meeting on April 14, 2015 and recommended approval; and WHEREAS, the City Council held a public hearing on the requested variance at the May 5, 2015 meeting, reviewed the Planning Commission recommendation, and heard testimony from City staff, the Applicant and other interested parties; and WHEREAS, based on the written and oral record before the Planning Commission and City Council on the above dates as well as all additional testimony submitted to the City, the City Council makes the following findings of facts in regards to the variance request: 1. The proposed variance is consistent with the Comprehensive Plan and in harmony with the general purposes and intent of the Zoning Ordinance, subject to the conditions noted below. 2. Keeping animals on the property is a reasonable use which is permitted in the district. 3. The plight of the Applicants is due to the dimensions of the Property 4. The plight of the Applicants is due to the size and shape of the Property which was not created by the landowner and is relatively unique to the Property. 5. The proposed variances do not confer special privileges which are not afforded to owners of other lands, structures, or buildings in the same district and will not alter the essential character of the neighborhood. 6. The Applicants have established that there are practical difficulties in complying with the requirements of the Zoning Ordinance. Resolution No. 2015-40 May 19, 2015 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves a variance to reduce the required animal structure setback from 150 feet to 75 feet, subject to the following terms and conditions: 1) The structure shall be constructed in the approximate location shown on the site plan received by the City 4/10/2015 after the Applicants have verified that the structure is greater than 75 feet from property lines. 2) The Applicants shall allow no more than 0.3 animal units to be kept on the Property. 3) The Applicants shall not remove any of the vegetation surrounding the proposed animal structure without replacing on an inch for inch basis in a manner which provides similar screening of the proposed structure. 4) The Applicants shall utilize the variance within one year of approval, or the variance shall be considered null and void. 5) The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the variance and other relevant documents. Dated: May 19, 2015 Attest: By: By: . Scott T. Johnson, City Administrator -Clerk 2)ML.et Bob Mitchell, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Cousineau and upon vote being taken thereon, the following voted in favor thereof: Cousineau, Martin, Mitchell, Pederson And the following voted against same: (Absent: Anderson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-40 2 May 19, 2015 EXHIBIT A Legal Description of Property The S % of the NW Yd, except the N 2 rods of the W 39 rods thereof, all in Section 28-118-23, subject to the right of the public to use all public roads thereon. Except the following parcels; Southeast %, of the Northwest'/, of Section 28, Township 118, Range 23; and That part of the Southwest Y. of ti-e Northwest %. of Section 28, Township 118, Range 23, described as follows: Beginning at the Northeast corner of said Southwest % of the Northwest %; thence South along the East line of said Southwest % of the Northwest %a distance of 668.33 feet; thence West parallel with the North line of said Southwest % of the Northwest % a distance of 548,47 feet to the Easterly line of Dillman Road; thence Northwesterly deflecting to the right 41 degrees 13 minutes 16 seconds along the Easterly line of said Road a distance of 60.15 feet; thence Northerly 239.14 feet along the Easterly line of said Road; being a tangential curve to the right having a radius of 254.35 feet; thence Northerly 249.7 feet along the Easterly line of said Road, being tangent to last described curve; thence Northerly 166.62 feet along the Easterly line of said Road to the North line of said Southwest % of the Northwest %, said 166.52 feet being along the tangential curve to °he left having a radius of 650.97 feet; thence East along the North line of said Southwest % of the Northwest % 655.43 feet to the point of beginning, containing exactly 10 acres. The Southwest Quarter of the Northwest Quarter (SW '/ of NW %) of Section 28, Township 118, Range 23, according to the Government Survey thereof, except the North 2 rods of the West 39 rods thereof, and except that part thereof lying East of the Easterly line of the Town Road, also known as Dillman Road, as said road is now laid out. That part of the Southwest % of the Northwest % tying Northeasterly of the Easterly line of Hennepin County Highway No. 201 and Southeasterly of a line described as follows: Commencing at the intersection of the East line of said Southwest % of the Northwest %with the South line of the North 668.33 feet of said Southwest % of the Northwest % thence South along said East line a distance of 117 feet to the point of beginning of the line being described; thence deflecting right 40 degrees 32 minutes tc the centerline of said County Highway, and there ending, Section 28, Township 118 North, Range 23 West of the 5th Principal Meridian, according to the United States Govemrrent Survey thereof and situate in Hennepin County, Minnesota. Resolution No. 2015-40 3 May 19, 2015