HomeMy Public PortalAbout2007-064 Resolution Granting Interim Use Permit Approval to Rolf & Elizabeth Turnquist 2000 Chestnut RdMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2007-64
RESOLUTION GRANTING AN INTERIM USE PERMIT
APPROVAL TO ROLF AND ELIZABETH TURNQUIST AND MINNESOTA
LINKING INDIVIDUALS, NATURE AND CRITTERS (MNLINC)
FOR PROPERTY LOCATED AT 2000 CHESTNUT ROAD.
WHEREAS, Rolf and Elizabeth Turnquist are fee owners of two parcels of property
within the city of Medina (the "City") generally located at 2000 Chestnut Road, which is
legally described on Exhibit A attached hereto (the "Subject Property"); and
WHEREAS, Rolf and Elizabeth Turnquist and Minnesota Linking Individuals,
Nature and Critters (the "Applicants") have applied to the City for interim use permit
approval in order to operate an animal -assisted therapy facility on the Subject Property;
and
WHEREAS, the interim use permit was reviewed by the Planning Commission at its
regular meeting on November 13, 2007 and, following public hearing thereon as required
by law, the Planning Commission recommended approval thereof, subject to certain
terms and conditions; and
WHEREAS, the City Council on November 20, 2007 reviewed the interim use
permit for its conformance with the City's ordinances, considered the recommendations
of the Planning Commission and heard comments from the Applicants and the public;
and
WHEREAS, the City previously adopted Resolution 87-133 on December 17, 1987,
granting conditional use permit approval permitting an aggregate maximum of 14,000
square feet of accessory structures on the Subject Property, subject to certain terms and
conditions, shall remain intact and not subject to the outcome or rescinding of this interim
use permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MEDINA, MINNESOTA, that the interim use permit approval be
granted to the Applicant, subject to the following terms and conditions:
1. An interim use permit is granted which allows the operation of an animal -assisted
therapy (AAT) facility, in accordance with the plans received by the City on July
31, 2007 and operation description received by the City on September 24, 2007,
except as amended by the City Council.
2. The subject property is allowed to have a maximum of 15,000 square feet of
accessory structures on PID 15-118-23-13-0001.
3. No new structures or additions to existing structures are proposed or approved at
this time.
Resolution No. 2007-64
November 20, 2007
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4. It is acknowledged that the 6,664 sq. ft. structure does not meet animal structure
setback requirements. Animal uses, including animal -assisted therapy, within this
structure must cease if both parcels which are part of the Subject Property to this
interim use permit are no longer under common ownership.
5. Except for those animals involved with animal -assisted therapy, there shall be no
on -site commercial boarding of animals.
6. The Applicants shall comply with the standards of the Minnesota Pollution
Control Agency regarding manure management and removal.
7. The private portion of Chestnut Road shall be maintained by the Applicants in
accordance with the Chief of Police memo dated October 4, 2007. The
Applicants shall comply with any additional requirements of the Fire Marshal,
Fire Department, and/or Police Department.
8. The Applicants shall comply with any requirements of the Building Official.
9. The Applicants shall submit plans, stamped by a licensed architect, showing
building improvements necessary for compliance with applicable regulations.
Necessary permits shall be obtained for all needed improvements.
10. The Applicants shall provide a review of the septic system from a certified septic
designer, certifying that there is capacity for the proposed activities.
11. The Applicants shall make a concerted effort to minimize wear on city streets by,
whenever possible, avoiding the use of buses to transport persons to the AAT
facility. In no case shall a vehicle with a curb weight in excess of 8,500 lbs be
used to transport persons to the AAT facilities.
12. The animal -assisted therapy facility shall generate no more than 15 round -trips
per day, and program participant trips shall be limited to five days per week.
13. The maximum allowed persons at the AAT facility at any one time is 15.
14. AAT program participants shall be limited to those with profiles of persons who
have participated in AAT programs in the past, primarily children, young adults
who are by law eligible for free, public education services, their adult parents,
legal guardians, and family members, and other adult participants who
customarily have been enrolled in AAT therapeutic programs, PROVIDED that
the percentage of such other adult participants shall not exceed twenty-five
percent (25%) of total participants.
15. The animal -assisted therapy facility shall maintain a ratio of one staff member per
two program participants at all times. Teachers, paraprofessionals, and mental
health professionals who accompany participants to the site may be considered as
staff for the purposes of this ratio.
16. Hours of operations shall be limited to 9:00 a.m. to 8:00 p.m., five days per week,
and not on Sundays.
17. No more than 15 animal units, as defined in Exhibit B attached hereto, shall be
allowed on the property at one time. This limitation shall include animals owned
by the property owners and animals owned by the AAT facility.
18. The Applicants shall abide by all regulations relating to dogs and private kennel
licenses. Dogs temporarily on -site during business hours as part of AAT facility
operations shall not be considered when accounting for the number of dogs kept
on the property nor shall dogs be considered animal units per Condition 17. No
more than five (5) dogs shall be allowed on the property for AAT activities.
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November 20, 2007
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19. Applicants shall update plans and provide an adequate turn -around at the end of
the driveway, taking into consideration parked vehicles. This turn -around shall be
approved by the Fire Marshal and public works.
20. Parking for 10 vehicles shall be provided on graveled surfaces at all times for the
AAT facility as shown on the plans. Overflow parking shall also be available as
shown.
21. Paddocks shall not be expanded beyond current fence locations unless approved
by City staff.
22. Any new or replacement lighting shall be designed and installed so that the light
source is recessed and enclosed on all sides except the bottom so that no light is
cast directly or indirectly on any other property and so that the light source cannot
be seen from adjacent property.
23. The Applicants shall provide proof of insurance for review, and will obtain and
maintain additional insurance if requested by the City.
24. The City may inspect the site to verify compliance with these conditions at any
time.
25. The AAT facility shall terminate immediately if the AAT facility ceases operation
for a period of 30 days. Failure to terminate operations of the AAT facility as so
provided shall constitute a violation of the terms of this interim use permit
approval and shall be cause for revocation of this interim use permit.
26. The interim use permit allowing this AAT facility shall be valid for a two-year
period, with all activities and uses related to the operation of such AAT use
terminating on or before November 20, 2009.
27. The Applicants shall pay to the City a fee in the amount determined by the staff to
represent the actual cost to the City of reviewing this interim use permit
application.
Dated: November 20, 2007
T.M. Crosby, Jr., Mayor
Attest:
Chad M. Adams, City Administrator - 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:
Johnson, Weir, Crosby, Cavanaugh, Smith
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2007-64
November 20, 2007
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EXHIBIT A
Legal Description of Property
15-118-23-13-0001
THAT PART OF SW 1/4 OF NE 1/4 OF SECTION 15 LYING E OF W 66 FT THOF
AND THAT PART OF W 66 FT OF SW 1/4 OF NE 1/4 LYING N OF S LINE OF N 33
FT OF S 1/2 OF SW 1/4 OF NE 1/4
15-118-23-12-0003
NW 1/4 OF NE 1/4 OF SECTION 15
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November 20, 2007
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EXHIBIT B
Animal Units
Animal Species
Animal Units
Horse
1
Cow
1
Llama
0.5
Goat
0.5
Sheep
0.5
Pony
0.5
Domestic Fowl
0.1
Other animals not listed above
1 unit per 10001bs.
Resolution No. 2007-64
November 20, 2007
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