HomeMy Public PortalAbout1992-071Member
adoption:
Zi'Ntlew
introduced the following resolution and moved its
CITY OF MEDINA G
RESOLUTION NO. !a
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 as that part of
the northeast 1/4 of the southeast 1/4 lying North of the south 330 feet thereof and
South of the north 125 feet thereof and easterly of the Road, also the south 330 feet
of the east 245 feet of the northeast 1/4 of the southeast 1/4, Section 16, Township
118, Range 23; 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 use 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
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his death or until sale or transfer of the Property to other than immediate family
members; and
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 20 years, or until
the sale, transfer or conveyance of the Property to any individual or entity
other than the Owner's wife, Beatrice Scherer, or his sons Steve Scherer or
Bob Scherer.
2. Upon expiration of 20 years, if no other condition of approval has been
violated, the Owner may request another extension of time, but the City has
no obligation in the future to extend the term of the non -conforming use.
3. Upon the sale, transfer or conveyance of the Property or any interest therein
to any other person or entity except those persons named above, the use of
the Property for meat processing must cease immediately.
4. All 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.
5. This resolution supersedes Resolution Nos. 92-_
adopted regarding this matter.
Dated: a , 1992.
ATTEST:
(CX/VX
,aura L. Monroe, Acting Clerk -Treasurer
and 92- previously
Robert G. Mitchell, Acting Mayo
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The motion for the adoption of the foregoing resolution was duly seconded by member
�h1'P5
and upon vote being taken thereon, the following voted in
favor thereof: A1'e{ i0w/ ) o)Th�'��
and the following voted against same: n l `(,
Whereupon said resolution was declared duly passed and adopted.
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