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HomeMy Public PortalAbout2017-062 Resolution Granting Conditional Use Permit Approval to David and Katherine Crosby for a Second Principal Dwelling at 2402 Hamel RoadMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2017-62 RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL TO DAVID AND KATHERINE CROSBY FOR A SECOND PRINCIPAL DWELLING AT 2402 HAMEL ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, David P. Crosby and Katherine P. Crosby (the "Owners") own property located at 2402 Hamel Road (the "Property"), which is 71.5 acres in size and is legally described in Exhibit A, attached hereto; and WHEREAS, Katherine Crosby Snow and Buddy L. Snow (the "Applicants") are the daughter and son-in-law, respectively, of the Owners and have requested a Conditional Use Permit on behalf of the Owners to construct and occupy a second principal dwelling on the Property; and WHEREAS, a second principal dwelling is permitted on Rural Residential properties over 40 acres in size, subject to review and approval of a conditional use permit; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on July 11, 2017, heard testimony from the Applicant, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the August 2, 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 second dwelling is consistent with the specific requirements for the conditional use as described in 826.98 of the City Code, subject to the conditions noted in this resolution. 2) The proposed second dwelling is 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 David and Katherine Crosby at 2402 Hamel Road, subject to the following terms and conditions: 1) The dwellings may not be conveyed separately and shall be under common ownership, unless the Property is subdivided to create a conforming lot for each dwelling under then - Resolution No. 2017-62 August 15, 2017 current regulations. If the Property is subdivided, this conditional use permit shall become null and void. 2) The second dwelling on the Property shall be only occupied by members of the property Owners' family, by persons employed on the Property, or as a guest house. 3) The Applicant 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: August 15, 2017. Attest: By: Jod M. Gallup, City Clerk By: Bob Mitchell, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Anderson 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. 2017-62 2 August 15, 2017 EXHIBIT A Legal Description of the Property The East Half of the Southeast Quarter of Section 9, Township 118, Range 23, Except that part of the Southeast Quarter of the Southeast Quarter of Section 9, Township 118 North, Range 23 West of the 5th Principle Meridian, described as follows: Beginning at the southwest corner of said Southeast Quarter of the Southeast Quarter; thence Eost along the south line of said Southeast Quarter a distance of 615 feet; thence deflecting left 87 degrees 40 minutes a distance of 520 feet; thence deflecting left 88 degrees a distance of 175 feet; thence deflecting right 38 degrees a distance of 83 feet; thence deflecting left 19 degrees 30 minutes to the west line of said Southeast Quarter of the Southeast Quarter; thence South to the point of beginning. According to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Resolution No. 2017-62 3 August 15, 2017