HomeMy Public PortalAbout2017-069 Resolution Approving Setback Variance from Right-of-way for McDonalds at 822 Highway 55Member Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2017-69
RESOLUTION APPROVING SETBACK VARIANCE FROM RIGHT-OF-WAY
FOR MCDONALD'S AT 822 HIGHWAY 55
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, McDonald's Corporation (the "Applicant"), owns property located at
822 Highway 55 (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, Hennepin County desires to acquire right-of-way from the Applicant for
construction of a public street upon the northern portion of the Property; and
WHEREAS, construction of this street will necessitate removal of an existing trash
enclosure and storage building on the Property; and
WHEREAS, the Applicant has requested a variance to reduce the required structure
setback for replacement of the trash enclosure and storage building from 25 feet to 1.34 feet from
the right-of-way being acquired; and
WHEREAS, the Planning Commission reviewed the requested variance at a duly noticed
public meeting on August 8, 2017 and recommended approval; and
WHEREAS, the City Council held a public hearing on the requested variance at the
September 5, 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, because the proposed
location of the trash enclosure and storage building would comply with relevant
regulations but for the acquisition of right-of-way upon the Property.
2. The principal use is a reasonable use which is permitted in the district and the trash
enclosure and storage building are reasonable accessory uses.
3. The plight of the Applicant was created by acquisition of right-of-way from the
Property and removal of the existing trash enclosure and storage building for
Resolution No. 2017-69
September 19, 2017
construction of a public street on the Property. This plight was not created by the
landowner and is unique to the Property.
4. The proposed variance does 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.
5. The Applicant has established that there are practical difficulties in complying with
the requirements of the Zoning Ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves a variance to reduce the required setback from 25 feet to 1.34 feet, subject to the
following terms and conditions:
1) Except as modified by this approval, the Applicant shall construct the trash enclosure and
storage structure and install the landscaping as shown on the plans received by the City
on 8/22/2017.
2) The Applicant shall meet the recommendation of the City Engineer.
3) The Applicant shall obtain a building permit within one calendar year of the date of
approval or the variance approval shall be null and void, unless the Applicant requests
and the City Council grants an extension.
Dated: September 19, 2017.
Attest:
By:
Jodi . 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. 2017-69 2
September 19, 2017
EXHIBIT A
Legal Description of Property
PARCEL I;
THAT OF THE SOUTHEAST Y. OF THE NORTHEAST Y4 OF SECTION II, TOWNSHIP 118 NORTH,
RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER -QUARTER; THENCE SOUTH
ALONG THE CENTER LINE OF COUNTY ROAD NO. 116, DISTANCE 164 FEET TO THE ACTUAL
PONT OF BEGINNING; THENCE CONTINUING SOUTH 262.1 FEET TO THE INTERSECTION OF THE
CENTERLINE OF COUNTY ROAD NO. 116 AND STATE HIGHWAY NO. 55; THENCE
NORTHWESTERLY ALONG THE CENTERLINE OF STATE HIGHWAY NO. 55, DISTANT 290 FEET;
THENCE NORTH PARALLEL WITH SAID CENTERLNE OF COUNTY ROAD NO. 116, DISTANT 79.7
FEET; THENCE DEFLECT TO THE RIGHT 17 DEGREES 45 MINUTES, DISTANT 105 FEET; THENCE
EASTERLY, 240.55 FEET TO THE ACTUAL POINT OF BEGINNING, EXCEPT THE EASTERLY
40.00 FEET THEREOF' CONVEYED TO THE COUNTY OF HENNEPIN FOR ROADWAY.
PARCEL 2:
THAT PART OF THE EAST Yz OF THE NORTHEAST Y4 SECTION 11, TOWNSHIP Ile NORTH,
RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT N THE CENTER LINE OF STATE HIGHWAY NO. 55, DISTANT 290
FEET NORTHWESTERLY FROM THE EAST LINE OF SAID NORTHEAST Y4; THENCE NORTH
PARALLEL WITH SAID EAST LINE, A DISTANCE OF 79.7 FEET; THENCE DEFLECTING TO THE
RIGHT 17 DEGREES 45 MINUTES, A DISTANCE OF 105 FEET TO THE ACTUAL POINT OF
BEGINNING OF THE LAND TO BE DESCRIBED. THENCE EAST TO A PONT IN THE EAST LINE
OF SAID NORTHEAST Y4, DISTANT 164 FEET SOUTH FROM THE NORTHEAST CORNER OF THE
SOUTHEAST Y4 OF THE NORTHEAST Y4; THENCE NORTH ALONG SAID EAST LINE TO A PONT
DISTANT 70 FEET NORTH FROM THE SOUTHEAST CORNER OF THE NORTHEAST Y4 Oh THE
NORTHEAST A; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST Y4 OF
THE NORTHEAST Y4, A DISTANCE OF 33 FEET; THENCE NORTHWESTERLY, A DISTANCE OF
336.5 FEET TO A POINT A DISTANT 115 FEET NORTH FROM THE SOUTH LINE OF SAID
NORTHEAST Y4 OF THE NORTHEAST 1:t; THENCE NORTHWESTERLY, A DISTANCE OF 203.8
FEET ALONG' A LINE OF WHICH IF EXTENDED WOULD INTERSECT THE WEST LINE OF SAID
NORTHEAST Y4 OF THE NORTHEAST Y4 AT A POINT DISTANT 503 FEET NORTH OF THE
SOUTHWEST CORNER THEREOF; THENCE SOUTH TO A POINT A DISTANT 60 FEET NORTH
FROM THE SOUTH LINE OF SAID NORTHEAST Y4 OF THE NORTHEAST Y4; THENCE
SOUTHEASTERLY AND PARALLEL WITH THE CENTER LNE OF SAID HIGHWAY NO. 55, A
DISTANCE OF 236.35 FEET; THENCE EASTERLY A DISTANCE OF 93.65 FEET TO A POINT
DISTANT 123.5 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE PONT (*-
BEGINNING.
Resolution No. 2017-69 3
September 19, 2017