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HomeMy Public PortalAbout2021-59 Resolution Granting A Conditional Use Permit For Ground Mounted Solar Panels of 2,328 Square Feet For The Property At 2832 Hamel RoadMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2021-59 RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR GROUND MOUNTED SOLAR PANELS OF 2,328 SQUARE FEET FOR THE PROPERTY AT 2832 HAMEL ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, All Energy Solar and Stephen T. Lerum (collectively, the "Applicants") include the owner of the property located at 2832 Hamel Rd (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicants have requested a conditional use permit for construction of an 112 -panel ground mounted solar array with a footprint of approximately 2,328 square feet on the Property; and WHEREAS, Section 828.09 of the City Code states that the City may grant a conditional use permit to allow for ground -mounted solar equipment with a footprint greater than 1,500 square feet and less than 4,000 square feet; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on August 10, 2021, 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 7, 2021 meeting, reviewed the testimony and recommendation of the Planning Commission and took additional testimony; and WHEREAS, following such review, the City Council hereby finds that the proposed use for ground mounted solar is consistent with the specific requirements for the conditional use as described in Section 828.09 and 825.39 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 approves the conditional use permit for the ground mounted solar equipment noted above, subject to the following terms and conditions: 1) The Applicants will install additional screening in areas directly in the line of site of the neighboring property to the northwest. The screening shall be a minimum of one shrub Resolution No. 2021-59 September 21, 2021 per 10 linear feet or one tree per 30 linear feet and installed within the vicinity of the array in accordance with a plan approved by city staff. 2) The solar equipment shall not exceed 15 feet in height. 3) The owner of the property shall be responsible to maintain the existing vegetation along the property line to the north and west of the solar equipment and the new vegetation noted in condition 1 as long as the solar equipment is installed on the Property. 4) The solar equipment shall be non -reflective in nature. 5) The equipment or device must be in compliance with all state and federal regulations regarding co -generation of energy. 6) The Applicants shall provide an emergency response plan to the Police and Fire Department for review. 7) The Applicants shall obtain all necessary permits for installation of the solar equipment and shall meet all relevant requirements. 8) The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the zoning amendment, conditional use permit, and other relevant documents. Dated: September 21, 2021. By: Kathleen Martin, Mayor Attest: By: Jo ktelf* M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member DesLauriers and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Martin, Reid And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2021-59 2 September 21, 2021 EXHIBIT A Legal Description of the Property DESCRY' TIO:t That pat of the East 1/4 of the SW 1/4 Sec 9. T. 118. R. 23. lying South of the North 1105 ft of said NE 1/4. North of Hamel Road Gild Easterly of the following described line Commefecini of the SW corner of said East 1/4 thence North along the West line thereof 440 feet to the point of beginning; thence deflecting right 20 degrees a distance of 400 feet; thence northerly to point on South line of North 1105 feet distant 550 west of SE corner and there terminating ADDRESS 2832 HAMEL ROAD PID 09-118-23-34--0002 Resolution No. 2021-59 3 September 21, 2021