HomeMy Public PortalAbout1992-030Member ,hies
adoption:
introduced the following resolution and moved its
CITY OF MEDINQA 6
RESOLUTION NO. 7 .'.3v
RESOLUTION CONCERNING A NON -CONFORMING
USE BY WILFRED SCHERER
WHEREAS, Wilfred Scherer (Owner) is the fee owner of certain land
(Property) located in Hennepin County, Minnesota legally described on Exhibit A
attached hereto; and
WHEREAS, the Owner conducted a meat processing business on the Property
for many years prior to April 7, 1959; and
WHEREAS, on April 7, 1959, the Village of Medina adopted a zoning ordinance
which rendered the meat processing business a non -conforming uses and prohibited
the expansion of non -conforming uses; and
WHEREAS, in March, 1972, the Owner was granted permission by resolution
of the city council ( Resolution No. 72-5) to construct a new 40' X 40' building on the
Property which allowed the continuance of his meat processing business in
compliance with health and sanitation codes; and
WHEREAS, by the terms of Resolution No. 72-5, the Owner was allowed to
construct the new building on the Property for use in his business despite the
prohibition against expansion of non -conforming uses in the 1959 zoning ordinance;
and
WHEREAS, in consideration for such allowance, the Owner agreed to limit his
use of the Property for a meat processing business for a term of 20 years, or until
his death or until sale of the Property; and
RRB31125
ME230-1
WHEREAS, Resolution No. 72-5 allowed the Owner to request a renewal of
permission to utilize the Property for his meat processing business at the expiration
of 20 years; and
WHEREAS, 20 years have now expired and the Owner has submitted such a
request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Medina that the Owner is granted an extension of the non -conforming use of the
Property, subject to the following terms and conditions:
1. The Owner is permitted to continue the non -conforming use of the Property
for his meat processing business for an additional term of 10 years, or until
his death or disability or retirement, or until the sale or conveyance of the
Property to any other individual or entity, whichever occurs first.
2. Upon expiration of 10 years, if no other condition of approval has been
violated, the Owner may request another extension of time, but the City has
no obligation now or in the future to extend the term of the non -conforming
use.
3. Upon the sale or conveyance of the Property or any interest therein to any
other person or entity, the use of the Property for meat processing must cease
immediately.
4. Upon the death or disability or retirement of the Owner, the use of the
Property for meat processing must cease within five years of the date of his
death or disability or retirement. Disability or retirement means the time after
which the Owner is no longer engaged in the day-to-day activities of the meat
processing business.
5. A11 other terms and conditions of Resolution No. 72-5 not inconsistent with the
above are hereby incorporated by reference into and made a part of this
Resolution.
6. The Owner must execute a declaration which is consistent with the terms of
this resolution and which will be recorded against the title of the Property.
Dated:
G(iGl/Vl. f 7 , 1992.
Acromite, Mayor
ATTEST:
4L ur L. Monroe, Acti g Clerk -Treasurer
RHB31125
ME230-1
The motion for the adoption of the foregoing resolution was duly seconded by member
4er'dfriil t and upon vote being taken thereon, the following voted in
favor thereof : Mips � A 0,\91/1 rY. iPJ M/ 740jf e // j Z/ cre/060
b540-6 Schber',er
and the following voted against same: il0ti,(7
Whereupon said resolution was declared duly passed and adopted.
RHB31125
ME230-1
3