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HomeMy Public PortalAbout2019-56 Resolution Granting CUP to Tim and Megan Elam for Five Accessory Structures at 1582 Homestead TrailMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-56 RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE PERMIT TO TIM AND MEGAN ELAM FOR FIVE ACCESSORY STRUCTURES AT 1582 HOMESTEAD TRAIL WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Tim and Megan Elam (the "Applicants") own property located at 1582 Homestead Trail (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicants have requested a conditional use permit for the following accessory structures with the following footprint size on the Property: a. 1,980 square foot accessory dwelling unit b. 128 square foot gazebo c. 120 square foot child playhouse with a closed roof d. 441 square foot detached garage e. 591 square foot cabana; and WHEREAS, Section 825.19 of the City Code states that the City may grant a conditional use permit to allow for more than 2 accessory buildings for properties more than 5 acres; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on August 13, 2019, heard testimony from the Applicants, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the September 3, 2019 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 uses are consistent with the general criteria described for conditional uses in Section 825.39 of the City Code. Resolution No. 2019-56 September 17, 2019 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the conditional use permit for accessory structures of the size noted above, subject to the following terms and conditions: 1) The Applicants shall provide improvement for stormwater by reducing the amount of hardcover on the Property in the manner shown on the plans received by the City on July 15, 2019. 2) The cabana shall be of architectural design similar to that displayed in the information submitted July 15, 2019 3) The Applicants 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 and variance. Dated: September 17, 2019. Attest: By: Jod. M. Gallup, City erk By: Kathleen Martin, 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: Albers, Anderson, DesLauriers, Martin, Pederson And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019-56 2 September 17, 2019 EXHIBIT A Legal Description of the Property The Southwest 1/4 of the Southwest 1/4 of Section 21, Township 118 North Range 23, West, except the West 460 feet of the South 570 feet thereof, according to the United States Government Survey thereof, Hennepin County, Minnesota. Together with an easement for ingress, and egress and way for driveway purposes on, over and upon that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 118 North, Range 23 West of the Fifth Principal Meridian, lying Northeast of the Northeasterly right of way line of County Road 201 and Westerly of a line described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence East along the North line of said Northwest Quarter of the Northwest Quarter, a distance of 483 feet to the point of beginning of the line being described; thence deflecting right 95 degrees to the Northeasterly right of way line and there ending Resolution No. 2019-56 3 September 17, 2019 01.