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HomeMy Public PortalAbout2001-060 Resolution Granting an Amended Conditional Use Permit to Douglas Leatherdale and Louise Leatherdale for Addtional Accessory Structures at 2075 Cottonwood TrailMember Carolyn Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.01-60 RESOLUTION GRANTING AN AMENDED CONDITIONAL USE PERMIT TO DOUGLAS LEATHERDALE AND LOUISE LEATHERDALE FOR ADDITIONAL ACCESSORY STRUCTURES AT 2075 COTTONWOOD TRAIL WHEREAS, Douglas Leatherdale and Louise Leatherdale (the "Applicants") are the fee owners of the property located at 2075 Cottonwood Trail, Medina, Minnesota, which is legally described on Exhibit A attached hereto ("the Property"); and WHEREAS, the Property is zoned Rural Residential, contains 28.1 acres of land, contains a single family residence as the primary building and a horse barn and a machine shed as accessory buildings; and WHEREAS, Section 825.19, Subd. 3 of the Medina code of ordinances allows conditional use permits to be issued permitting more than two accessory buildings and an aggregate of more than 3,000 square feet of accessory building on lots larger than 5 acres in residential zones; and WHEREAS, by Resolution No. 89-4, adopted January 17, 1989, the Medina city council (the "City") granted a conditional use permit to the Applicants allowing a second accessory building, provided the two accessory buildings did not exceed 15,000 square feet in size; and WHEREAS, by Resolution No. 94-36, adopted June 21, 1994, the City granted an amended conditional use permit to the Applicants allowing their two second accessory buildings to be expanded up to 25,000 square feet in size; and WHEREAS, the Applicants' two existing accessory buildings have building footprints totaling 19,160 square feet; and WHEREAS, the Applicants have requested permission to expand their existing machine shed, build a new horse barn, build a new storage shed and build three run-in sheds with building footprints totaling an additional 15,181 square feet for a total of 34,341 square feet in seven accessory structures; and WHEREAS, this matter was reviewed by the planning commission at its meeting and public hearing on November 13, 2001 and by the city council at its meeting on November 20, 2001 and found to be in compliance with the requirements of Section 825.39 of the Medina code regarding granting of conditional use permits. RHB-206034v 1 ME230-331 1 01-60 November 11, 2001 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, that an amended conditional use permit be granted to the Applicants allowing them to have the following seven accessory buildings on the Property: The existing horse barn; The existing machine shed, expanded per the plans submitted by the Applicants; The new horse barn proposed by the Applicants; The new storage shed proposed by the Applicants; and Three (3) new run-in sheds proposed by the Applicants; subject to the following terms and conditions: 1. The accessory structures, including existing and new, may not exceed seven in number or 34,400 square feet in aggregate size; 2. The number of adult horses maintained on the Property may not exceed 30 plus a maximum of 10 foals up to two years in age; 3. There shall be no commercial use of the Property for horse boarding or lessons; 4. Erosion control methods approved by the City staff must be installed and utilized; 5. Site drainage shall be reviewed and approved by City staff; 6. There shall be no living quarters for humans in any accessory structure; 7. The fire marshal shall review the plans for the existing and new accessory structures; 8. The Applicants shall maintain all fencing on the Property in good repair; 9. Manure must be removed from the Property every 14 days and manure storage areas must be constructed and utilized as shown on the site plan; 10. Any exterior lighting shall be designed and constructed so that the globe is recessed and open only on the bottom and no light is cast directly on any adjacent property or any offsite roadway; 11. There shall be no exterior loudspeakers or telephone bells; 12. The Applicants shall pay a fee to the city in the amount determined by the City staff to represent the actual cost to the city of reviewing this amended conditional use permit; and RHB-206034v 1 ME230-331 2 01-60 November 11, 2001 13. Resolution No. 94-36 is hereby superseded by this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City's willingness to grant this amended conditional use permit for seven accessory structures totaling up to 34,400 square feet is solely due to the size of the Property (28.1 acres) and the City reserves the right to review this conditional use permit upon subdivision of the Property, including the right to modify the conditions under which it is issued or to revoke it if warranted in the opinion of the city council. II Dated: November 20, 2001. AT Paul Robinson, Administrator -Clerk -Treasurer (-!P kilip Zietlo , Act g Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Bruce Workman and upon vote being taken thereon, the following voted in favor thereof: Lane, Smith, Workman, and Zietlow and the following voted against same: None Absent: Ferris Whereupon said resolution was declared duly passed and adopted. RHB-206034v 1 ME230-331 3 01-60 November 11, 2001 (THIS PAGE LEFT BLANK INTENTIONALLY) RHB-206034v 1 ME230-331 4 01-60 November 11, 2001 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY AT 2075 COTTONWOOD TRAIL, MEDINA, MINNESOTA Parcel A The West 277 feet of the East 620 feet of the Northeast Quarter of the Southwest Quarter of Section 22, Township 118 North, Range 23 West of the 5th Principal Meridian, except the North 66 feet thereof. Together with an easement for ingress and egress and general private driveway purposes over and across the North 66 feet of that part of the North Half of the Southwest Quarter of Section 22, Township 118, Range 23, East of a line described as commencing at a point on the North line of said North Half of the Southwest Quarter, 828.50 feet West of the Northeast corner of said North Half of the Southwest Quarter; thence South to a point in the South line of said North Half of the Southwest Quarter 827.54 feet West of the Southeast corner of said North Half of the Southwest Quarter, and there terminating. And also over and across the North 66 feet of the West 171.50 feet of the Northwest Quarter of the Southeast Quarter of Section 22, Township 118, Range 23 West. Subject to easements of record. Parcel B The West 277 feet of the East 343 feet of the Northeast Quarter of the Southwest Quarter of Section 22, Township 118 North, Range 23 West of the 5th Principal Meridian, except the North 66 feet thereof, according to the duly recorded plat thereof. Parcel C-1 The East 66 feet of the Northeast Quarter of the Southwest Quarter of Section 22, Township 118 North, Range 23 West of the 5th Principal Meridian, except the North 66 feet thereof. Parcel C-2 That part of the Northwest Quarter of the Southeast Quarter lying West of the East 984 feet thereof, Section 22, Township 118 North, Range 23 West of the 5th Principal Meridian, except that part thereof included within the following described property: That part of the Northeast Quarter of the Southwest Quarter, and of the Northwest Quarter of the Southeast Quarter of Section 22, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the North line of said Northeast Quarter of the Southwest Quarter distant 828.50 feet West of the Northeast corner of said Northeast Quarter of the Southwest Quarter; thence South 66 feet along a line which if extended would intersect the South line of RHB-206034v1 ME230-331 5 01-60 November 11, 2001 said Northeast Quarter of the Southwest Quarter at a point thereon distant 827.54 feet West of the Southeast corner of said Northeast Quarter of the Southwest Quarter; thence East parallel with the North line of said Northeast Quarter of the Southwest Quarter and the North line of said Northwest Quarter of the Southeast Quarter a distance of 1000 feet; thence deflecting left 90 degrees to the South Line of the right-of-way of County Road No. 24; thence Northwesterly along said right- of-way line to the North line of said Northwest Quarter of the Southeast Quarter; thence West to the point of beginning. RHB-206034v 1 ME230-331 6 01-60 November 11, 2001