HomeMy Public PortalAbout2002-049 Resolution Granting Amended CUP to Walter G Anderson IncMember Carolyn Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.02-49
RESOLUTION GRANTING AN AMENDED CONDITIONAL
USE PERMIT TO WALTER G. ANDERSON, INC.
WHEREAS, on December 4, 1984, the Medina city council (the "City") adopted Resolution
No. 84-94 granting Walter G. Anderson, Inc. (the "Applicant") a conditional use permit for the
construction of a 100,000 square foot industrial building at 4535 Willow Drive; and
WHEREAS, on April 19, 1988, the city council adopted Resolution No. 88-22 granting an
amended conditional use permit to the Applicant; and
WHEREAS, on August 15, 1995, the city council adopted Resolution No. 95-31 granting an
amended conditional use permit to the Applicant; and
WHEREAS, the Applicant has again applied for an amended conditional use permit to
authorize construction of a 25,860 square foot addition to the building; and
WHEREAS, this matter was reviewed by the planning commission on June 11, 2002, and
the city council on July 2, 2002; and
WHEREAS, it has been determined that construction of the proposed addition will not
impede the orderly development of adjacent properties.
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 Applicant for construction of a
building addition pursuant to the plans and specifications submitted to and approved by the City,
subject to the following terms and conditions:
1. The Applicant must comply with all terms and conditions of the watershed district;
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2. The Applicant must comply with the requirements of the city engineer outlined in
his letter to Loren Kohnen dated May 23, 2002;
3. The Applicant must plant two additional 8 foot spruce trees to provide additional
screening of the loading docks in the northwest corner of the building;
4. All outdoor lighting, existing and proposed, must be designed and installed so that
the light is downcast only with all sides enclosed except the bottom, the lens is
recessed and the light source is not visible. All light standards and lights mounted
on the building may be no higher than 20 feet above grade. The maximum light
intensity at the property line may not exceed .2 foot candles and must be verified by
a report prepared by a lighting technician and delivered to the City;
5. The parking areas, driveways and fire road must be paved and constructed to a 9-ton
standard;
6. The Applicant must install "no parking" and "fire lane" signs on both sides of the
road on the west side of the building and in other areas on site as determined by the
fire marshal and fire chief;
7. There shall be no outdoor storage on the site, nor is any outdoor storage permitted
without amendment of this conditional use permit;
8. Outdoor storage of commercial vehicles is limited to no more than four, none of
which may exceed 12,000 lbs. gross vehicle weight. Additional commercial
vehicles exceeding 12,000 lbs. g.v.w. may be parked in the loading dock but must be
completely screened from view;
9. Any roof top mechanical equipment must be completely screened;
10. The Applicant must obtain approval from the Minnesota department of
transportation before proceeding with the wetlands mitigation and must comply with
all terms and conditions of the MnDOT permit;
11. Prior to beginning construction, the Applicant must post with the City a letter of
credit in an amount equal to 150% of the estimated cost of the site improvements, as
determined by the city engineer;
12. Haul routes for material removed from the site as a result of wetlands mitigation
must be approved by city staff; and
13. The Applicant must pay to the City a fee in the amount determined by the staff to
represent the actual cost to the City of reviewing this amended conditional use
permit application.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of Medina that
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the following variances be granted to the Applicant to allow construction of the building addition
authorized by this amended conditional use permit:
A. A variance to reduce the required side yard setback from 50 feet to 20 feet along the north
property line for the addition. The variance is justified by the following hardships:
1. The decrease in setback from the existing building is a result of a change in the
zoning ordinance since the time the adjacent portion of the building was constructed;
and
2. The variance is minor.
B. A variance to reduce the percentage of specified exterior building materials from 20
percent to 10.9 percent. The variance is justified by the following hardships:
1. It is reasonable to allow the addition to be constructed of similar materials as the
existing building;
2. The literal application of the ordinance is too restrictive in light of the size and
location of the addition;
3. The requirement is due to a change in the zoning ordinance, over which the
applicant had no control;
4. Granting the variance will not confer upon the Applicant any special privileges
not enjoyed by the owners of other properties in the zoning district;
5. The variance is minor in both percentage and degree; and
6. Granting the variance will not be detrimental to the fulfillment of the purpose of
the ordinance for other properties in the zoning district.
NOW, THERFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Medina, Minnesota that this Resolution supersedes Resolution Nos. 84-94, 88-22 and 95-31.
Dated: July 16, 2002.
Janies S. Lane, Acting Mayor
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ATTEST:
Laura Sulander, Acting Clerk -Treasurer
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: Smith, Supel,
Lane, and Workman
and the following voted against same: None. Absent: Zietlow
Whereupon said resolution was declared duly passed and adopted.
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