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HomeMy Public PortalAbout2007-005 Resolution Granting a CUP to Ebert Construction for an Accessory Structure 1585 Medina RdMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2007-05 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO EBERT CONSTRUCTION FOR AN ACCESSORY STRUCTURE LOCATED AT 1585 MEDINA ROAD WHEREAS, Ebert Construction, (the "Applicant") has requested approval of a conditional use permit to construct a 9,044 square foot accessory building located at property legally described in Exhibit A attached hereto; and WHEREAS, the City's Zoning Ordinance requires a conditional use permit under such circumstances; and WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing on December 12, 2006, and the Planning Commission recommended approval thereof, subject to certain terms and conditions, and WHEREAS, the City Council, on January 2, 2007 reviewed the application for conformance with city ordinances and considered the recommendations of the Planning Commission and heard comments from the applicant and other interested parties, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina, Minnesota that a conditional use permit is granted to Ebert Construction subject to the following conditions: 1. The accessory building shall be constructed as indicated on the plans dated October 10, 2006, except as may be amended by this resolution; 2. The accessory building may be used as stable or barn for the keeping and riding of horses or any other permitted accessory uses, provided that the building remains accessory to the single family dwelling on the site and that the building is not used for commercial purposes; 3. Any exterior lighting shall comply with the City's outdoor lighting ordinance; 4. This approval does not include review or approval of any bathroom facilities in the accessory building or additional septics to serve the accessory building; 5. Revise the plans to show the general area of all wetlands on the site to ensure that the proposed site work does not impact the wetlands; and, all animals are prohibited to graze in wetlands designated by the MCWD or a comparable district. Resolution No. 2007-05 January 16, 2007 6. Revise the plans to show the floodplain boundary to ensure that the proposed site work does not impact the floodplain; 7. A building permit shall be obtained from the City prior to any work on the site; 8. All erosion and sediment control measures shall be installed, inspected and approved by the City prior to any work on the site; 9. The applicant shall obtain any necessary permits from the MCWD prior to any work on the site; 10. The applicant shall follow Best Management Practices on the site for manure management in wetland areas; 11. The applicants shall maintain adequate fencing around all wetland areas; 12. The applicant shall submit all necessary information necessary to verify that the height, as defined in the zoning ordinance, of the proposed structure does not exceed the height of the principal structure; 13. The applicant shall construct the structure no later than one year after final city council approvals. 14. The applicant shall be responsible for all fees associated with the review of the land use application and shall pay those in full upon issuance of a building permit. BE IT FURTHER RESOLVED that a default by the applicant of any of the terms and conditions of this resolution will be grounds for revocation of the conditional use permit. Dated: January 16, 2007. Attest: Chad M. Adams, City Administrator -Clerk T.M. Crosby, Jr., Ma r The motion for the adoption of the foregoing resolution was duly seconded by member Weir upon vote being taken thereon, the following voted in favor thereof: Smith, Weir, Crosby, Cavanaugh Resolution No. 2007-05 January 16, 2007 2 And the following voted against same: (Absent: Johnson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2007-05 January 16, 2007 3 EXHIBIT A The west one-fourth of the Northwest quarter of Section 23, Township 118 North, Range 23 West of the 5th Principal Meridian, EXCEPT the south 1320 feet thereof Resolution No. 2007-05 January 16, 2007 4