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HomeMy Public PortalAbout2007-018 Resolution Granting CUP to Robert R. Hopper for Accessory StructureMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2007-18 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ROBERT R. HOPPER FOR AN ACCESSORY STRUCTURE WHEREAS, Robert R. Hopper, (the "Applicant") has requested approval of a conditional use permit to construct a 3,640 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 March 13, 2007, and the Planning Commission recommended approval thereof, subject to certain terms and conditions, and WHEREAS, the City Council, on April 3, 2007 and April 17, 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 Robert R. Hopper subject to the following terms and conditions: 1. This conditional use permit specifically allows the construction of a 2,622-square foot pool, a 623-square foot accessory pool house building with a 395 square foot open porch area; 2. The accessory pool house building shall be constructed as indicated on the plans received January 29, 2007, except as may be amended by this resolution; 3. The accessory pool house building may be used as a recreational pool house provided that the building remains accessory to the single family dwelling on the site and that the building is not used as living quarters; 4. Any exterior lighting shall comply with the City's outdoor lighting ordinance; 5. This approval does not include review or approval of any additional septics to serve the accessory pool house building; Resolution 2007-18 April 17, 2007 6. Revise the plans to show the creek and the OHWL of the water body on the site to ensure that the proposed site work does not encroach in the setback any more than the principal structure; 7. Revise the plans to show the floodplain boundary to ensure that the proposed site work does not impact the floodplain; 8. A building permit shall be obtained from the City prior to any work on the site; 9. All erosion and sediment control measures shall be installed, inspected and approved by the City prior to any work on the site; 10. The applicant shall obtain any necessary permits from the MCWD prior to any work on the site; 11. The applicant shall comply with the recommendations stated in the letter from Great River Energy dated March 1, 2007; 12. The applicant shall construct the structure no later than one year after final city council approvals. 13. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the conditional use permit and related documents. 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: April 17, 2007. T.M. Crosby, Jr., May Attest: Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Johnson and upon vote being taken thereon, the following voted in favor thereof: Crosby, Smith, and Johnson And the following voted against same: (Absent: Cavanaugh & Weir) None Whereupon said resolution was declared duly passed and adopted. Resolution 2007-18 2 April 17, 2007 EXHIBIT A That part of Lot 1, Block 1, CREEKSIJE OF MEDlNA, tying north— easterly of the following described line, and its extensions: Commencing of the most southerly corner of said Lot 1; thence North 61 degrees 06 minutes 33 seconds East along the southerly fine of said Lot 1, 394,69 feet to on angle point; thence North 81 degrees 59 minutes 08 seconds East along said southerly line 85 feet to the point of beginning of the line being described; thence North 42 degrees West, 340 feet; thence North 0 degrees 32 minutes 33 seconds East, 160 feet; thence North 48 degrees 16 minutes 25 seconds West, 311,64 feet to on angle point in the westerly tine of said Lot 1; thence North 80 degrees 58 minutes 27 seconds West, along said westerly line 340 feet and there ending. Resolution 2007-18 3 April 17, 2007