HomeMy Public PortalAbout1981-061Member '�� fz
its adoption:
introduced the following resolution and moved
CITY OF MEDIINA
RESOLUTION NO.
WHEREAS, on August 15, 1978, September 5, 1978, and
September 12, 1978, the City Council of the City of Medina
considered the request of Michael Hart for the construction
of a horse barn, 172 feet by 106 feet in size on the West
Half of the Northwest Quarter of the Southeast Quarter of
Section 10, Township 118 North, Range 23 West, Hennepin
County; and
WHEREAS, Michael Hart stated and neighboring property
owners were notified that the barn was a family horse barn
of approximately twenty stalls to be used for the private
enjoyment of the Hart family; and
WHEREAS, Michael Hart inquired whether the barn could be
used or sold for commercial purposes and was informed that
application for a commercial use must be made if commercial
uses were intended; and
WHEREAS, no application for commercial use was made
and the City Council approved a special use permit to construct
and operate the family horse barn provided that the barn be
set back from the south property line a minimum of 200 feet
and from the west boundary line a minimum of 160 feet; and
WHEREAS, the barn was constructed in violation of the
setback requirements, being set back 100 feet from the south
property line and approximately 45 feet from the west pro-
perty line; and
WHEREAS, in the fall of 1980, upon receiving an inquiry
from Michael Hart, the City Zoning Administrator informed
Michael Hart of the restrictions on use of the barn as
indicated in this resolution; and
WHEREAS, in August of 1980, the subject property was rezoned
under the City's Comprehensive Zoning Plan from industrial to
residential; and
WHEREAS, thereafter a sale was negotiated to the present
applicant, Frank Fleischacker who filed an application for a
conditional use permit to operate a commercial stable in the
existing barn located at 1982 Hamel Road; and
City of Medina
Resolution No.
Page two
WHEREAS, on October 13, 1981, a public hearing was
conducted by the Medina Planning Commission, at which
neighboring property owners objected to a commercial use
of the barn; and
WHEREAS, the Planning Commission recommended denial of
the application on the grounds that the original permit was
for a family horse barn; the building had been built
in violation of setback requirements; and that the property
is presently zoned for residential purposes; and
WHEREAS, on November 3, 1981, the City Council of the
City of Medina heard Mr. Fleischacker's request for a con-
ditional use permit.
NOW, THEREFORE, Be It Resolved by the City Council of the
City of Medina that the application for conditional use permit
to operate a commercial stable at 1982 Hamel Road is hereby
denied for the following reasons:
1. The construction of an addition or major alteration
to the barn would constitute the expansion of a
non -conforming use in violation of the zoning
ordinance in that the barn is not set back 150
feet from the property line as required by the
current ordinance;
2. The proposed conditional use would be injurious
to the use and enjoyment of other property in
the immediate vicinity in that truck, trailer
and automobile traffic with its attendant noise,
odors, stopping and turning movements, and roadway
congestion would result;
3. That the plans do not provide for off-street
parking and loading spaces for automobile, truck
and trailer traffic; that adequate measures cannot
be taken to control and prevent offensive odors,
fumes, dust and noise from affecting neighboring
residential properties;
4. That the introduction of another commercial riding
stable is not reasonably related to the City's
overall land use needs;
5. That the proposed conditional use would violate
one of the main purposes of the Medina Zoning
Ordinance, to -wit: the providing for the com-
City of Medina
Resolution No.
Page three
patibility of different land uses and the
most appropriate use of land throughout the
City.
Dated: G /.r , 1981.
,s
hom An et
ATTEST:
d7/G -
Donna Roehl, Clerk
Qi����
, Mayor
Motion for the adopt'on of the foregoing resolution was duly
seconded by Member e/,Se►" and upon vote being taken thereon
the following mbers voted in favor thereof:
ande(5on Ke/Sep^ /u iCv-osb , erer
and the following voted against samera h e
Whereupon said resolution was declared duly passed and adopted.
8. The tower foundation should be located such that no
portion of the tower or antenna encroaches utility
lines.
9. Mr. Franklin shall pay a portion of the costs incurred
for legal, engineering and administrative matters in
the amount of $ Cj/� oa
10. Mr. Franklin shall be estopped from seeking another
Conditional Use Permit or Variance in connection with
these radio towers for a period of six months from the
date of this resolution.
11. Violation of any of these conditions shall be a viola-
tion of the ordinance of the City, shall constitute a
misdemeanor punishable by a fine of up to $500 and/or
90 days in jail, and shall be cuase for immediate
review and revocation of this approval. If the correc-
tions are not completed by the specified dates, the
City Attorney shall prosecute the non-compliance and
shall seel an injunction for immediate removal of the
antenna from the property.
12. This approval shall automatically expire upon removal
of the antenna from the property or upon Mr. Franklin's
vacating of the premises.
Dated: , 1982.
Thomas Anderson, Mayor
ATTEST:
Donna Roehl, Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken thereon,
the following members voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
I hereby agree to the twelve conditions of approval listed
above.
Mark Franklin, Applicant Date