HomeMy Public PortalAbout2019-57 Resolution Granting CUP and Variance to Tim and Megan Elam for Accessory Dwelling Unit at 1582 Homestead TrailMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2019-57
RESOLUTION GRANTING CONDITIONAL USE PERMIT AND VARIANCE TO
TIM AND MEGAN ELAM FOR AN ACCESSORY DWELLING UNIT 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 "Owners") own property located at 1582
Homestead Trail (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Owners have requested a conditional use permit to classify the existing
house on the property as an accessory dwelling unit; and
WHEREAS, the existing dwelling has 2,091 square feet of habitable space and four
bedrooms; and
WHEREAS, Section 826.98 of the City Code states that accessory dwelling units cannot
have more than 1,000 square feet of habitable space nor have more than 2 bedrooms; and
WHEREAS, the Owners have requested a variance to increase the allowable habitable
space of an accessory dwelling unit to 2,091 square feet and to increase the allowable number of
bedrooms to four; and
WHEREAS, the Planning Commission held a public hearing and reviewed the requested
variance on August 13, 2019, 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 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 Property had an 18,000 square foot dwelling in conjunction with the existing
dwelling until the previous property owners demolished the larger dwelling in
October 2017, which was less than two years before the Owners bought the Property.
2) The proposed variance is not inconsistent with the Comprehensive Plan and is not
inharmonious with the general purposes and intent of the Zoning Ordinance, because
the Property is comparatively large and appears to be large enough to be subdivided
Resolution No. 2019-57
September 17, 2019
in a way which would allow for two dwellings to be built within the same geographic
area.
3) The history of the Property having two dwelling units and the fact that the larger
principal dwelling was demolished recently before the Applicants purchased the
Property is a unique circumstance and created a practical difficulty because the
Applicants reasonably expected that they could build a new principal dwelling.
4) With the variance granted herein, the dwelling proposed to be used as an accessory
dwelling unit is 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.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants conditional use permit and variance approval to Tim and Megan Elam for the
existing dwelling on the Property to be used as an accessory dwelling unit, subject to the
following terms and conditions:
1) This conditional use permit shall become effective upon construction of a new single-
family home on the Property.
2) The single-family dwelling and accessory dwelling unit shall not be conveyed separately
and shall at all times be under common ownership.
3) The Owners shall occupy either the principal single-family dwelling or the accessory
dwelling unit as their primary residence.
4) The Owners shall abide by all conditions of Medina City Code Section 826.98, Subd.
2(p).
5) The Owners shall obtain a permit for the new dwelling on the Property within one
calendar year of adoption of this resolution, or the variance and conditional use permit
shall be null and void.
6) The Owners 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.
Resolution No. 2019-57 2
September 17, 2019
Dated: September 17, 2019.
Attest:
By:
Jodi . Gallup, City Clerk
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. 2019-57 3
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. 2019-57 4
September 17, 2019