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Home My Public Portal About2019-30 Resolution Granting Variance and Site Plan Review Approval to Maxtech for Property at 920 Hamel Roade 0 Member Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-30 RESOLUTION GRANTING VARIANCE AND SITE PLAN REVIEW APPROVAL TO MAXTECH FOR PROPERTY AT 920 HAMEL ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Westcreek Properties, LLC (the "Owner") owns property located at 920 Hamel Road (the "Property"), which are legally described as: Lot 4, except the West 30 feet of Lot 4 as measured at right angles from the most Westerly line of Lot 4, Block 1, Medina Creekside Addition; Hennepin County, Minnesota, and Lot 5, Block 1, Medina Creekside Addition, Hennepin County, Minnesota. (Torrens Property. Certificate No. 1196972.) and Lot 6, Block 1, Medina Creeksidc Addition, Hennepin County. Minnesota. (Torrens Property. Certificate No. 1196971.) ; and WHEREAS, MaxTech, Inc. (the "Applicant") operates on the Property and has requested approval of a site plan review for construction of 6,140 square foot addition between the two existing buildings on the Property; and WHEREAS, on February 20, 2018, the City Council adopted Resolution 2018-10, granting approval of a Site Plan Review for construction of a smaller addition; and WHEREAS, the Applicant has not yet constructed the addition, but has subsequently updated the plans; and WHEREAS, the Property is located within the Shoreland Overlay District of Elm Creek, which requires that no more than 25% of the lot area is covered with impervious surfaces; and WHEREAS, impervious surfaces on the Property exceed 25% and the updated plans propose an additional 1,318 square feet of impervious surfaces on the Property; and WHEREAS, the Applicant has requested a variance to allow the additional 1,318 square feet of impervious surfaces and proposes to install improvements on the Property which will Resolution No. 2019-30 May 7, 2019 provide stormwater management for most of the impervious surfaces, resulting in an improvement to stormwater quality; and WHEREAS, the Planning Commission reviewed the variance and site plan at the March 12, 2019 meeting and forwarded a recommendation of approval to the City Council; and WHEREAS, the City Council reviewed the requested site plan at the April 16, 2019 meeting and reviewed the Planning Commission recommendation and testimony of interested parties; and WHEREAS, the City Council has made the following findings with regard to the requested variance: (1) The variance is in harmony with the general purposes and intent of the ordinance because improvements are proposed to be constructed in connection with the addition which direct stormwater from most of the impervious surfaces to a municipal stormwater pond, resulting in improved water quality for Elm Creek. (2) The variance is consistent with the Comprehensive Plan's objectives of the Commercial land use and Surface Water Management Plan. (3) The Applicant has established that there are practical difficulties in complying with the ordinance. (4) The Applicant proposes to use the property in a reasonable manner. The proposed use is permitted in the zoning district, the Applicant proposes to reduce hardcover and install stormwater improvements to minimize the variance. (5) The variance proposes a comparatively small increase in impervious surfaces compared to the improvement of stormwater quality achievable through the Applicant's installation of improvements which direct currently unmanaged stormwater to a City stormwater pond. (6) The variance does not confer upon the applicant special privileges denied to other owners in the district. (7) Circumstances are fairly unique to the Property because relatively few commercial properties which were developed prior to the Shoreland Overlay District are located within the Shoreland Overlay District of Elm Creek (8) The variance will not alter the essential character of the locality. WHEREAS, the City Council finds that the proposed site and building plans are generally consistent with the requirements and intent of the Commercial -General District, subject to certain terms and conditions which are noted herein. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of a site plan review and variance to add an additional 1,318 square feet of hardcover to the Owner and Applicant, subject to the following terms and conditions: 1) Approval of the Site Plan Review shall be contingent upon approval and effectuation of a lot combination of the Property. 2) The Owner shall enter into an agreement with the City in a form and of substance acceptable to the City Attorney to ensure construction and long-term maintenance of the stormsewer improvements and other relevant City requirements and policies. Resolution No. 2019-30 2 May 7, 2019 3) The Owner shall enter into a permanent parking agreement in a form and of substance acceptable to the City Attomey to ensure parking is reserved upon the neighboring property for the benefit of the subject Property. 4) The Owner shall enter into an agreement with the City in a form and of substance acceptable to the City Attorney to ensure construction of the proof -of -parking on the neighboring property if deemed necessary by the City in the future. 5) The Owner shall abide by the requirements of the wetland protection ordinance, including, but not limited to, dedication of buffer easements, installation of signage and establishing appropriate vegetation. 6) The Applicant shall install all improvements shown on the plans dated 3/14/2019 and 3/20/2019 except as may be modified herein. The Applicant shall update grading and drainage plans such that site drainage is conveyed to the City's stormwater pond. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. 7) All comments from the City Engineer shall be addressed. 8) The Applicant shall meet the requirements of the wetland protection ordinance including easement, vegetation and signage. 9) The Applicant shall update lighting plans such that no lighting exceeds 0.5 footcandles at the property lines and shall otherwise meet the requirements of the lighting ordinance and CG zoning district. 10) Landscaping plans shall be updated to include some plantings west of the structure. 11) The use on the Property shall abide by the requirements of the Illicit Discharge Ordinance and no pollutants shall be washed from vehicles or equipment in a way to discharge to wetlands or waterbodies. 12) Any new mechanical or utility equipment and any new trash/recycling storage shall be screened as required by the CG zoning district. Verification that no such equipment or storage is proposed shall be provided prior to building permit, or the location and screening shall be provided. 13) The Applicant shall obtain a building permit for construction within one calendar year of this approval, or the approval shall be considered void, unless a written request for time extension is submitted by the Owner and approved by the City Council. 14) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the site plan review and the review and creation of related documents. BE IT FURTHER RESOLVED that the Site Plan Review approval granted through Resolution 2018-10 be rescinded, having been replaced by the approval granted herein. Resolution No. 2019-30 3 May 7, 2019 Dated: May 7, 2019. By: Kathleen Martin, Mayor Attest: By: The motion for the adoption of the foregoing resolution was duly seconded by member Albers and upon vote being taken thereon, the following voted in favor thereof: Albers, Anderson, DesLauriers, Martin, Pederson And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. e Resolution No. 2019-30 4 May 7, 2019