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HomeMy Public PortalAbout2017-049 Resolution Granting CUP Approval to Robin Johnson at 1325 Tamarack DriveMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2017-49 RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL TO ROBIN JOHNSON AT 1325 TAMARACK DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Robin E. Johnson (the "Owner") owns property located at 1325 Tamarack Drive (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owner has requested approval of a conditional use permit for an accessory dwelling unit and also for accessory structures with an aggregate footprint not to exceed 7,100 square feet; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on May 9, 2017, heard testimony from the Owner, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the June 6, 2017 meeting, reviewed the testimony, and recommendation of the Planning Commission; and WHEREAS, following such review the City Council made the following findings: 1) The proposed accessory structures are consistent with the specific requirements for the conditional use as described in Section 825.19 and 826.98 of the City Code, subject to the conditions noted in this resolution. 2) The proposed accessory dwelling unit is consistent with the specific requirements for the conditional use as described in Section 826.98 of the City Code, subject to the conditions noted in this resolution. 3) The proposed uses are consistent with the general criteria described for conditional uses in Section 825.39 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the conditional use permit for Robin Johnson, subject to the following terms and conditions: 1) This conditional use permit shall be contingent upon construction of a new single-family home on the Property. 2) The single-family dwelling and accessory dwelling unit shall not be conveyed separately and shall at all times be under common ownership. Resolution No. 2017-49 June 20, 2017 3) The Owner shall occupy either the principal single-family dwelling or the accessory dwelling unit as their primary residence. 4) The Owner shall install stormwater management sufficient to treat a minimum of 2056 square feet of impervious surfaces. The design of the improvement(s) shall be approved by the City Engineer and the improvement shall be completed prior to a certificate of occupancy being granted for the new home proposed upon the Property. The Owner shall memorialize the requirement that they and their successors in title maintain the improvement(s) in a form acceptable to the City Attorney. 5) The Owner shall meet the requirements of the wetland protection ordinance, including provisions for recordation of easements, planting of appropriate vegetation and installation of required signs. 6) The Owner shall implement a manure management plan to protect surface and ground water. The property owner shall manage manure consistent with the plan, which shall be reviewed periodically by City staff. 7) The Owner shall abide by all conditions of Medina City Code Section 826.98, Subd. 2(p). 8) The Owner shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for Conditional Use Permit. Dated: June 20, 2017. By: Attest: By: "4 6 Jodi M. Gallup, City Clerk 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: Bob Mitchell, Mayor Anderson, Martin, Mitchell, Pederson And the following voted against same: (Absent: Cousineau) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-49 2 June 20, 2017 EXHIBIT A Legal Description of the Property That part of the North % of the Southeast % of the {Northwest %of Section 26, Township 118 North, Range 23, West of the 5th Principal Meridian, lying South of the North 163.7 feet thereof. ALSO, that part of the South % of the Southeast % of the Northwest '% of Section 26, Township 118, Range 23, lying North of the South 338 feet thereof and West of the East 378 feet thereof. Resolution No. 2017-49 3 June 20, 2017 1