HomeMy Public PortalAbout2022-77 - Reso Elam AccessoryStructureCUP AmendtResolution No. 2022-77
October 4, 2022
Member _Albers_ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-77
RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE PERMIT
AMENDMENT FOR A NEW 10,200 SF ACCESSORY STRUCTURE AND A
MAXIMUM TOTAL OF EIGHT ACCESSORY BUILDINGS AT
1582 HOMESTEAD TRAIL
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Megan A. Elam is Trustee of the Megan A. Elam Revocable Trust dated
February 26, 2019, which is the fee owner of property located at 1582 Homestead Trail (the
“Property”), which is legally described in Exhibit A, attached hereto; and
WHEREAS, on September 17, 2019, the City Council adopted Resolution 2019-56,
approving a conditional use permit for more than two accessory buildings upon the Property and
Resolution 2019-57 related to the accessory dwelling unit upon the Property: and
WHEREAS, Megan A. Elam and Tim Elam (the “Applicants”) have requested an
amended conditional use permit for construction of an additional 10,200 square foot accessory
structure upon the Property; and
WHEREAS, the proposed amended conditional use permit would permit the following
accessory structures with the following footprint size on the Property:
a. 1,980 square foot accessory dwelling unit
b. 120 square foot gazebo
c. 120 square foot child playhouse with a closed roof
d. 441 square foot detached garage
e. 591 square foot cabana
f. 308 square foot playhouse
g. 288 square foot chicken coop/covered run
h. 10,200 square foot storage building; and
WHEREAS, Section 825.19 of the City Code states that the City may grant a conditional
use permit to allow for more than two accessory buildings for properties more than five acres;
and
WHEREAS, the Planning Commission held a public hearing and reviewed the requested
conditional use permit amendment on September 13, 2022, heard testimony from the Applicants,
City staff, and interested parties, and recommended approval subject to certain conditions; and
Resolution No. 2022-77 2
October 4, 2022
WHEREAS, the City Council reviewed the request at the October 4, 2022 meeting,
reviewed the testimony, and recommendation of the Planning Commission; and
WHEREAS, following such review the City Council made the following findings:
1) The proposed accessory structures are consistent with the specific requirements for
the conditional use as described in Section 825.19 and 826.98 of the City Code,
subject to the conditions noted in this resolution.
2) The proposed uses are consistent with the general criteria described for conditional
uses 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 amendment for accessory structures of the size noted
above, subject to the following terms and conditions:
1. No additional accessory structures may be constructed or moved upon the Property
except as permitted by Subd. 3(b) or Subd. 9 of Section 825.19 of the City Code or if
approved through future conditional use permit review.
2. The Applicants shall install improvements as indicated on the plans received by the City
on 8/15/2022, except as modified by the conditions herein.
3. The Applicants shall address comments made by the City Engineer.
4. All lighting on the 10,200 s.f. accessory structure shall be downcast and shielded.
5. No animals shall be kept in the 10,200 s.f. accessory structure.
6. The Applicants shall submit information verifying warranty of metal materials exceeds
15 years.
7. The accessory structure shall only be used for private purposes and no commercial
activity shall be permitted.
8. The Applicants 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 shall execute a stormwater maintenance agreement and maintain
stormwater management practices as described in the agreement.
10. The Applicants 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.
BE IT FURTHER RESOLVED, that Resolution 2019-56 is hereby superseded and shall no
longer in effect, the relevant terms being incorporated into the amended conditional use permit
granted herein.
Resolution No. 2022-77 3
October 4, 2022
Dated: October 4, 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
Cavanaugh 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. 2022-77 4
October 4, 2022
EXHIBIT A
Legal Description of the Property
The Southwest 1/4 of the Southwest 1/4 of Section 21, Township 118 North Range 23, West,
except the West 460 feet of the South 570 feet thereof, according to the United States
Government Survey thereof, Hennepin County, Minnesota.
Together with an easement for ingress, and egress and way for driveway purposes on, over and
upon that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 118
North, Range 23 West of the Fifth Principal Meridian, lying Northeast of the Northeasterly right
of way line of County Road 201 and Westerly of a line described as follows: Commencing at the
Northwest corner of said Northwest Quarter of the Northwest Quarter; thence East along the
North line of said Northwest Quarter of the Northwest Quarter, a distance of 483 feet to the point
of beginning of the line being described; thence deflecting right 95 degrees to the Northeasterly
right of way line and there ending.
PID 2111823330001
Abstract Property