HomeMy Public PortalAbout2017-036 Resolution Approving Animal Structure Setback Variance for Joseph Molde at 4035 ApacheMember Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2017-36
RESOLUTION APPROVING ANIMAL STRUCTURE SETBACK VARIANCE
FOR JOSEPH MOLDE AT 4035 APACHE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Joseph Molde and Christina Welch (the "Applicants"), own property
located at 4035 Apache Drive (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 40 feet or construction of a chicken coop
not to exceed 144 square feet; and
WHEREAS, the Planning Commission reviewed the requested variance at a duly noticed
public meeting on April 11, 2017 and recommended approval; and
WHEREAS, the City Council held a public hearing on the requested variance at the May
2, 2017 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 and the various
right-of-way and access easements which encumber the Property.
4. The plight of the Applicants 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. 2017-36
May 16, 2017
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 40
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 3/29/2017 after the Applicants have verified that the structure is a
minimum of 40 feet from the north property line.
2) The size of the structure shall not exceed 144 square feet.
3) The maximum animal units permitted to be kept on the property shall be reduced by 50%.
4) The Applicant shall not remove any of the vegetation surrounding the proposed animal
structure without replacing on an inch:inch basis.
5) The Applicant shall utilize the variance within one year of approval, or the variance shall
be considered null and void.
6) The Applicant 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 16, 2017.
Attest:
Gallup, City 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. 2017-36 2
May 16, 2017
EXHIBIT A
Legal Description of Property
Na! port or the Soothros! atio,te. Pr the =atthwesf Ovorter
of Seel.a� r rnwnShio t„q, PorcrP 23 h'rw:r•fri•r Coonty.
A47Ftr,0461'a arcty"ir,wa as fauaws•
.erviriM9 a: thezzothees! corner cr sae lovfhecs`
Warrr of the SCIOhwesl Ouvrder: !hence oh or ass;tnseo
treve.r..7 cf Marth ct.o t dhw Fee' tine r l said Som ih{rasr
aJ'lra•tr, of Ma Southwest CL,artee o disfanct of 378.O10 fast
Io a pohf here -Moiler rerrred to as Point A: thence
Wester,/ c! a r4hf dnye !o sa•d Cast one o dstor a of
2 0LX) easel: thence Aker?, paro+Yr wifh avid Corr bhe o
aft, fan nr .52.5 frrf em r, f,ni•rl r.470rr.t Ja0 Lt7 fwwt f•:rr.•
said Pojta A os meas:,red aiwtg o fine drawn tbraugh so:O
Rain: 4 and paatket *ah the South Par et solo 5autheast
Ow:rte• at the Stwlhrrs! :darer: !benre ttesledy prove;
with amid .5imrth tyre rp a tb,e Croon hi th 45 driver. DO
.ojr.v.4cs snnc,e,,•ds ewes/ teak,' lha pouf c.r cey.;ring.
teeoce South 43 degrees CC mlavtes 00 seconds Los! fa
tr.e pa'n! of beo:ron3ro
APO
,cor; of Ihr Cosr half at fhr 5a0.hrrsf OL,Werr 0( Serr•;an
4, Townd,v.. !f£ h'C/IA Ranyrr ;3 WHO of hear Sfh PrOr4ce
Iteridia*, deseeZed as falorrs.
it,c! pool or Mr fora 'co. d+scnbed traCl of nond deacre.ed
aR t i2kmrrg at 'he rwnMr of kaY! Snelicn 4; Orme,' .Scutt,
41 Mt rvarfee tine or sake sechan, rTt7 rods; thence Ads!
30 rcOs; thence Northwestrly re a porn! on floe nal?:
.W.!. of the SPrrthwesr 4uorrer of sa+d Se•cr;on #. 5.2 rods
*WO .of the prpre of 440111,4: th4re* FOS) otemp fhe
harle times• of said quaatr• sacliae fa Pm OM QC* of beginning
shot ties h'a-tberly of the keiot oo drscnbed properly.
Thar parr of the Scytheas! GMaf?.e of the Solit near
a.murfr of Section 4. rortr+shp Ramp, 23. rfenneprr
Cowl+ [ Okhesota. derviet i CS 104101115•
the Sau!teast crane* a sao
Sta,fheos./ tkarter of me gowthe,aif O,rarfer: theme
on on ossomeo bearing, oe No, along the Fost
rive of aok:! Saathewsr Ovortar of Thad Southwest
;Larlw• o &trance of S2300 feet ra a paint
hereinafter referred to as Panlf A; thence Ntester.y
al a right ongee fa said Cast h%re a dstonce at
20000 feet: thence &WO, porae'' with dared Cost
r.nr o o`stcvrce of .525 feet fo a point casrent
2?0. 00 feet Cory, eakt Pant A per R4I1143,1”0 4eo rg a
fore drawee Waugh sal Poirot A and para tt with
tt`e South Acne of said Smith -east Ouarter of the
Southeast aiarter: thence Westerly poste. *Of;
sord South Kie fo o tine Ge•a+rt Hor.'rt 45 cre rers
m,x.dee al") wweonat, lewd trOen the Feint of
begitokfig theree South 43 degrees 00 minutes 00
seconds East to the pant ar et.00r rg.
..AAV her Scwrhar+y aF the kseop•tro oWscritAK1 tns anC itS
wii f itOy to l h!hibd.'
COrnnerrCog al the Sot/Meas.! conver oe the Southwest
04kartrr 011 eat Svclrn 4; fhevre er-1 rty obr'g err
Feat Cott of said Saulnwrst arartar rr tS4hort+Cw p!
32300 feet to the poOr of beginning of dee fine being
descrtide4' theme westerly. detercil let/ 84 ai orees T15
rrrirrotes +' sormals 4 Ct'8fR'+,"Y cr 0000 feet P-,d sad
And Owe orKtiv
And tares tthes! car the East J3.Cff feet at said East Haft of
the Southwest avarter.
.Stf ilef-Y w.S NOTES
T. ne vaperty deserOliart used rar thss Sur ref u based wooer
Otto turalecf ha. 73-U4511 Otto Pro,ofr r:a. ?!-045e woS
far a fait semb widish. 14k w iwe not prowileft with o Furrant
eIWO 00 ecwi rei t tot Apt a reathlO aril h rOpewed
2. The Mare Seelig,' Asap has Apache !ti roe fabNaa art the south
and east sides oe the property. Ne were no; protnted with
ony infamobbn es to eosemer sc ',arranm we hake !sweets'
Into ihmwt the foods as Jeevarrd
Resolution No. 2017-36 3
May 16, 2017