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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