HomeMy Public PortalAbout2017-101 Resolution Granting Amended CUP Approval to David and Katherine Crosby for a Second Principal Dwelling 2402 Hamel RoadMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2017-101
RESOLUTION GRANTING AMENDED 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 ("Parcel 1"), which is 71.5 acres in area and is legally described as:
The F,ast of the Southeast Quarter of Section g. township 118, Mange 23, except that pan of
the Southeast Quarter of the Southeast Quarter of Section 9. 'township 118North. mange 23
West of the 5`1' Principal Meridian. described as follows:
Beginni,ag at the Southwest corner of said Southeast Quarter of the Southeast Quarter: thence
Fast along the South line of said Southeast Quarter a distance of 615 feet: thence deflecting left
87 degrees 40 minutes a distance 01-5211 feet; thence def;ectinr: left 88 degrees a distance of 175
feet: thence deflecting right 38 degrees a distance of 83 feet; thence deflecting lett 19 defines 7th
minutes to the West line of said Southeast Quarter of the Southeast Quarter; thence South to the
point of beginning, according to the t;nited States Government Survey thereof and situate in
Hennepin County, Minnesota.
; and
WHEREAS, the Owners also own property immediately to the east ("Parcel 2"), which
is 33.3 acres in area and is legally described as:
the South half IS '. 2 j o! the Southwest { Duaner (SW PO of Section Ten (10), Township 118.
Range 23 except that part thereof lying Easterly of the center line of I larnel Road. Hennepin
Comity. Minnesota.
; and
WHEREAS, on August 15, 2017, the City Council adopted Resolution 2017-62, which
granted approval to the Owners for a conditional use permit for a second principal dwelling upon
Parcel 1; and
WHEREAS, the Owners have requested and the City has granted approval of a lot
combination to the Owners to combine Parcel 1 and Parcel 2 into a single parcel which is legally
described in Exhibit A, attached hereto (the "Property"); and
WHEREAS, the Owners have requested an amendment to the conditional use permit so
that it applies to the entirety of the Property following the combination; and
Resolution No. 2017-101
December 19, 2017
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
amendment to the conditional use permit on November 14, 2017, heard testimony from the
Owners, City staff, and interested parties, and recommended approval subject to certain
conditions; and
WHEREAS, the City Council reviewed the request at the December 5, 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 amendment to the conditional use permit for David and Katherine Crosby at
the Property, 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 -
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.
BE IT FURTHER RESOLVED, that the conditional use permit granted by Resolution
2017-62 be revoked and replaced by the approval contained herein.
Resolution No. 2017-101 2
December 19, 2017
Dated: December 19, 2017.
Attest:
By:
) ./1&<
Jod M. Gallup, City Clerk
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. 2017-101 3
December 19, 2017
EXHIBIT A
Legal Description of the Property
Fas: = the 4SO4,11e„ot (..4),V.it't Or **IC: . I 01% IlAtr I 18. Rerge 2 A. except filar part of
the. Soutn4:44t Quartet ot the Qutut,:r Lit Section 9. 1 ov4 riship 18 \orii. kt-ings 23
West ',if' flie 5 I Prfnc:113:1 41;:St .3S folly N.,:
Beginning tit itIV ei-witer of Southetit Qtnirici :4( the Southcost Quarter, thence
East along the SottO line 01 sa'.4! SoLtlie,4st Q.,tartet distance 4-if 615 keit theute deflecting
87 degrees 40 tninute distanec ter 520 feet: hence deftect'fic lett 88 degret:s dwance of 175
foct: thtnec deliwttiL 1,Ight 38 cat grces a k*taiici: Or 83 rect. tiirlce deilcctiiii: telt degrecs 30
tnitautc-i to the Wk., litsr of StnniteaN: Quarter of the Schitheast Quarter: th,;:mc St oh to the
point or begirIning according to the United Smtes Clovernmeni Survc:4 thereof' and situate in
I lennepin C Oaf it) , Nlittaebota.
AND
The Smith halt tS `-',1 of the Southwest Quarter (SW I of Section lcn (10). T4-4wnship 118,
Runre 23 except tbt4t part thereof Eastofl 4.4 the 4 enter line 441'1 lamcl Road. Hennepin
Cotint. ilinnesota.
Resolution No. 2017-101 4
December 19, 2017