HomeMy Public PortalAbout2015-077 Resolution Granting Preliminary and Final Plat Approval with Variance for Willow ManorMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2015-77
RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL
WITH VARIANCE FOR WILLOW MANOR
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Robert G. Buehler and Nancy U. Buehler (the "Applicants") own property
located at 2782 Willow Drive (the "Buehler Land"), which is legally described as:
The North 125 feet of the Northeast Quarter of the Southeast Quarter of Section 16, Township
118 North, Range 23 'West of the 5th principal Meridian, lying east of the centerline of the
public road as now laid out and travelled; ALSO that part of the Southeast Quarter of the
Northeast Quarter of said Suction 18 lying east of the following described line: Beginning at
a point on the East line of said Southeast Quarter of the Northeast Quarter distant 895 feet
north from the southeast comer of said Southeast Quarter of the Northeast Quarter, thence
south along said East line a distance of 100 fleet; thence along a tangential curve to the right
having a radius of 575 feet and a central angle of 38 degrees 20 minutes a distance of 384,70
feet; thence southwesterly tangent to said curve to the South line of said Southeast Quarter
of the Northeast Quarter, and said line there ending, ; and
WHEREAS, the Paul O. Harmel Revocable Trust U/A owns property (hereinafter, the
"Harmel Land") which is legally described as:
The North 259,38 feet of the West 824.69 feet of the Northwest Quarter of the Southwest
Quarter of Section 15, Township 118 North, Range 23 West of the 5th Principal Meridian, ; and
WHEREAS, the Buehler Land and Harmel Land (collectively, the "Property"), despite
being owned by two separate parties, has never been legally subdivided from one another; and
WHEREAS, the Applicants have requested preliminary and final approval of a plat to
subdivide the Property into a single parcel and an outlot; and
WHEREAS, the Applicants have also requested approval of a variance to reduce the
required minimum lot size for Lot 1, Block 1, from five acres contiguous suitable soils to 3.5
acres contiguous suitable soils; and
WHEREAS, the Planning Commission reviewed the requested variance and held a duly
noticed public hearing on the plat on August 11, 2015; and
Resolution No. 2015-77
September 15, 2015
WHEREAS, the City Council held a public hearing related to the variance request and
reviewed the proposal at the September 1, 2015 meeting; and
WHEREAS, the City Council has, subject to the terms and conditions contained herein,
made the following findings of fact with regards to the requested variance:
1. The requested variance is consistent with the comprehensive plan and is in harmony
with the general purposes and intent of the zoning ordinance because it does not
increase the density of development.
2. The Applicant proposes to use the Property in a reasonable manner, as a single rural
residential parcel.
3. The variance allows the Applicant to replace the home which was demolished on the
Property and does not confer upon the Applicant any special privileges that are
denied to the owners of other lands, structures, or buildings in the same district.
4. The fact that Hennepin County accepted a land transfer on a portion of the Property
without it being properly subdivided and the fact that the variance only allows
replacement of a home which was previously located on the Property are unique to
the Property.
5. The variance will not alter the essential character of the locality because it does not
allow an increase in density and only allows replacement of a previously demolished
home; and
WHEREAS, the City Council has, subject to the terms and conditions contained herein,
made the following findings of fact with regards to the requested variance:
1. The proposed subdivision does not conflict with the general and specific plans of
the City and is not premature as defined in Section 820.28 of the City Code.
2. The subdivision is appropriate for the physical conditions on the site including the
topography, storm water, natural resources, and soils.
3. The subdivision does not alter the density of development and, while proposed
Lot 1, Block 1 does not meet minimum lot size standards of the rural residential
zoning district, a variance is granted as described in this resolution.
4. The proposed subdivision is not likely to cause substantial environmental damage
not is it likely to be injurious to public health.
5. The proposed subdivision and its improvements will not conflict with public or
private streets, easements, or right-of-ways.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Medina,
Minnesota hereby grants a variance to reduce the required lot area of Lot 1, Block 1 to 3.5 acres
of contiguous suitable soils and also hereby grants preliminary and final plat approval for the plat
subject to the following terms and conditions:
1) The Applicants shall extinguish the portion of the private roadway easement bisecting
Lot 1, Block 1 and grant an easement to the satisfaction of the City over the existing
driveways on the lot.
Resolution No. 2015-77 2
September 15, 2015
2) Access for Lot 1, Block 1 shall be provided from the existing shared driveway and no
direct access shall be permitted to Willow Drive.
3) The Applicants shall establish upland buffers adjacent to the wetland on proposed Lot 1,
Block 1, consistent with the City's wetland protection ordinance. This shall include
planting of vegetation if necessary, signage, and easements.
4) The Applicants shall address all comments of the City Attorney and abide by the City
Attorney's recommendations related to title issues and recording procedures.
5) The plat shall be recorded within 120 days of the date of approval or such approval shall
be considered void, unless a written request for a time extension is submitted by the
Applicants and approved by the City Council for good cause.
6) The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the plat and variance.
Dated: September 15, 2015.
Attest:
By:
Scott T. Johnson, City Administrator -Clerk
By:
Bob Mitchell, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Martin
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Cousineau, Martin, Mitchell, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-77 3
September 15, 2015
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