HomeMy Public PortalAbout2022-19 Resolution Granting Abraham Accesory Dwelling Unit CUPResolution No. 2022-19 1
March 15, 2022
Member Cavanaugh introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-19
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ACCESSORY DWELLING UNIT FOR THE PROPERTY AT 3003 HAMEL ROAD
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Chad R. Abraham and Mickel T. Abraham (the “Owners”) are the fee
owners of the property located at 3003 Hamel Rd (the “Property”), which is legally described in
Exhibit A, attached hereto; and
WHEREAS, on behalf of the Owners, Rehkamp Larson Architects (the “Applicants”)
has requested approval from the City of a conditional use permit for construction of an accessory
dwelling unit with approximately 908 square feet of habitable area on the Property; and
WHEREAS, Section 826.98 of the City Code states that the City may grant a conditional
use permit to allow for an accessory dwelling unit when the conditions listed are met; and
WHEREAS, the Planning Commission held a public hearing and reviewed the requested
conditional use permit on February 8, 2022, accepted testimony from the Applicants, City staff,
and any interested parties, and recommended approval subject to certain conditions; and
WHEREAS, the City Council reviewed the request at the March 1, 2022 meeting,
reviewed the testimony and recommendation of the Planning Commission; and
WHEREAS, the City Council has found that, subject to the terms and conditions
described below, the proposed conditional use permit is consistent with the requirements of
Section 826.98 and meets the criteria contained in Section 825.39 of the City Code.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the conditional use permit for the accessory dwelling unit noted above, subject
to the following terms and conditions:
1) This conditional use permit shall be contingent upon construction and issuance of a
certificate of occupancy of a new single-family home on the Property.
2) The single family home and accessory dwelling unit shall be constructed in accordance
with the plans submitted to the City by the Applicant for consideration of the conditional
use permit approved herein.
3) The accessory dwelling unit shall not be modified to include more than two bedrooms.
Resolution No. 2022-19 2
March 15, 2022
4) The single-family dwelling and accessory dwelling unit may not be conveyed separately
and shall at all times be under common ownership.
5) The property owner shall occupy either the principal single-family dwelling or the
accessory dwelling unit as their primary residence.
6) The Applicants shall address the comments of the City Engineer and obtain necessary
permits from the City, Hennepin County, Minnehaha Creek Watershed, and other
relevant agencies.
7) Grading, drainage, and erosion control plans shall be subject to review and approval by
the City Engineer prior to commencing construction.
8) The application shall meet the requirements of the wetland protection ordinance,
including provisions for recordation of easements, planting of appropriate vegetation and
installation of required signs.
9) The Applicants or Owners shall pay to the City a fee in the amount sufficient to pay for
all costs associated with the review of the application for the Conditional Use Permit.
Dated: March 15, 2022.
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Reid 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. 2022-19 3
March 15, 2022
EXHIBIT A
Legal Description of the Property
That part of the Northeast quarter of the Northwest quarter of Section 16, Township 118 North,
Range 23 West of the 5th Principle Meridian, lying Westerly of the East 328 feet of said
Northeast quarter of the Northwest quarter.
Address: 3003 Hamel Rd, Medina, MN 55340
PID: 16-118-23-21-0007