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2020-54 Resolution Granting Interim Use Permit to James and Pamela Ditter, Thomas and Mimi Ditter, and Ditter Properties at 2032, 2042, and 2052 Holy Name Drive
Member Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2020-54 RESOLUTION GRANTING INTERIM USE PERMIT TO JAMES AND PAMELA DITTER, THOMAS AND MIMI DITTER, AND DITTER PROPERTIES AT 2032, 2042, AND 2052 HOLY NAME DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, James and Pamela Ditter, Thomas and Mimi Ditter, and Ditter Properties (collectively the "Owners") own four parcels of land located from 2032-2052 Holy Name Drive (the "Property") which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owners have requested plat approval for Ditterswind, a subdivision of the Property into five lots; and WHEREAS, one of the existing parcels proposed to be platted is subject to a life estate for Anyce Ditter; and WHEREAS, the proposed subdivision would result in the home subject to the life estate to be located upon the same lot as another home; and WHEREAS, the proposed subdivision also would result in three outbuildings either not meeting setbacks from the new proposed lot lines or being located upon proposed lot lines; and WHEREAS, the Owners have requested an Interim Use Permit to allow the temporary continued use of the home and three accessory structures through the term of the life estate; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 12, 2020, reviewed the information provided by the Owners and City staff, heard testimony from interested parties, and recommended approval of the interim use permit; and WHEREAS, the City Council reviewed the request at the September 1, 2020 meeting, reviewed the testimony, and considered the recommendation of the Planning Commission; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings with regard to the proposed interim use: a. The home and accessory structures conform to zoning regulations prior to the subdivision and will conform following expiration of the interim use. Resolution No. 2020-54 September 15, 2020 b. The event that will terminate the interim use is the expiration of the life estate on the relevant portion of the Property. c. Permission of the continued use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. The Owners agree to any conditions that the city council deems appropriate for permission of the use. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of an interim use permit through the term of the life estate of Anyce Ditter to maintain two homes upon Lot 1, Block 1, Ditterswind and to maintain the three outbuildings which do not meet setback requirements, subject to the following terms and conditions: 1) Approval of the interim use permit shall be contingent upon recording of the plat. 2) The Owners shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 3) The Owners shall submit a letter of credit for 150% of the estimated cost of demolition of the home and outbuildings to ensure completion of the work. 4) No building shall occur on Lot 4 until the Interim Use Permit has terminated and the second home on Lot 1 and the three outbuildings regulated by the IUP have been demolished. The Owners shall enter into an agreement in a form and of substance acceptable to the City Attorney to ensure compliance with these requirements. 5) The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the interim use permit and other relevant documents. Dated: September 15, 2020. By: -- — --.a— Kathleen Martin, Mayor Attest: By: (. J /"t J di M. Gallup, City Clerk 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. Resolution No. 2020-54 September 15, 2020 EXHIBIT A Legal Description of the Property PARCEL 1 That part of the East holf of the Northeast Quarter of Section 24, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of said East half of the Northeost Quarter; thence on on assumed becring of South 0 degrees 00 minutes 26 seconds West along the East line of said East half of the Northeast. Quarter a distance of 636.25 feet to the point of beginning of the property being described; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South 36 degrees 09 minutes 34 seconds West a distance of 679.91 feet; thence South 89 degrees 59 minutes 34 seconds East to its intersection with said East line; thence northerly along said East line to the point of beginning. PARCEL 2 That part of the East half of the Northeast Quarter of Section 24, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of said East half of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes 26 seconds West eking the East line of said Eost holf of the Northeast Quarter a distance cf 636.25 feet; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South 36 degrees 09 minutes 34 seconds West a distance of 679.91 feet to the point of beginning of the property being described; thence South 36 degrees 09 minutes 34 seconds West a distance of 211.46 feet; thence South 54 degrees 30 minutes East o distance of 488.73 feet; thence Southeasterly to a point on said Eost line distance 431.20 feet northerly, as measured along said East line, from the south- east corner of said East half of the Northeost Quarter; thence northerly along said East line to its intersection with a line drawn on a bearing of South 89 degrees 59 minutes 34 seconds East from the point of beginning thence North 89 degrees 59 minutes 34 seconds West to the point of beginning. PARCEL 3 That part of the East half of the Northeast Quarter of Section 24, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of said East half of the Northeast Quarter; thence on on assumed bearing of South 0 degrees 00 minutes 26 seconds West along the Eost line of said East half of the Northeast Quarter a distance of 636.25 feet; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South 36 degrees 09 minutes 34 seoonds West a distance of 891,37 feet to "Point A" and the point of beginning of the property being described; thence South 36 degrees 09 minutes 34 seconds West a distance of 178.88 feet; thence South 54 degrees 30 minutes 07 seconds East a distance of 115.60 feet; thence South 36 degrees 09 minutes 34 seconds West a distance of 297.02 feet; thence South 47 degrees 51 minutes East o distance of 98.07 feet; thence South 65 degrees 07 minutes 30 seconds East a distance of 146.91 feet; thence North 89 degrees 05 minutes Eost a distance of 157.00 feet; thence northeasterly to o point on a line drawn on a bearing of South 54 degrees 30 minutes East a distance of 488.73 feet from sold "'Point A"; thence North 54 degrees 30 minutes West to the point of beginning. PARCEL 4 That port of the East holf of the Northeast Quarter of Section 24, Township 118 North, Range 23 West of the 5th Principol Meridian, described as follows: Commencing at the Northeost corner of said Eost half of the Northeast Quarter; thence on an ❑ssumed bearing of South 0 degrees 00 minutes 26 seconds West along the East line of said Eost half of the Northeast Quarter a distance of 636.25 feet; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South 36 degrees 09 minutes 34 seconds West a distance of 891-37 feet to "Point A"; thence South 36 degrees 09 minutes 34 seconds West a distance of 178.88 feet; thence South 54 degrees 30 minutes 07 seconds East a distance of 115.60 feet; thence South 36 degrees 09 minutes 34 seconds West a distance of 297.02 feet to the point of beginning of the property being described; thence South 47 degrees 51 minutes East a distance of 98.07 feet; thence South 65 degrees 07 minutes 30 seconds Eost o distance of 146.91 feet; thence North 89 degrees 05 minutes East a distance of 157.00 feet; thence northeasterly to o point on a line drown on a bearing of South 54 degrees 30 minutes East a distance of 488,73 feet from said "Point A"; thence Southeasterly to a point on the East line distant 431.20 feet northerly, as measured along said Eost line, from the Southeast corner of said East half of the Northeast Quarter; thence westerly parallel with the South line of said East half of the Northeast Quarter o distance of 600.10 feet; thence southerly parallel with the East line of said East Half a distance of 36.90 feet; thence westerly, deflecting right 91 degrees 51 minutes a distonce of 340.70 feet; thence southwesterly, deflecting left 51 degrees 13 minutes to the northeasterly right of way line of Holy Name ©rive; thence northwesterly along said northeasterly right of way line to its intersection with the North line of the South 412.50 feet of said East half of the Northeast Quarter; thence northerly along said West line to a point on said West line distance 452.91 feet northerly of, as measured along said West line, the South- west corner of said East half of the Northeast Quarter; thence easterly parallel with said South line o distance of 84.32 feet; thence North 79 degrees 20 minutes East to its intersection with a line drawn on o bearing of South 42 degrees 39 minutes 34 seconds West from the point of beginning; thence North 42 degrees 39 minutes 34 seconds East to the point of beginning. Resolution No. 2020-54 September 15, 2020