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HomeMy Public PortalAbout2008-002 Resolution Denying CUP for Rising Sun Memorial ParkMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2008-02 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR RISING SUN MEMORIAL PARK WHEREAS, on June 5, 2006, Richard Gay and David Nelson (acting as attorney - in -fact for Pamela Nelson)(collectively, the "Applicants") applied for a conditional use permit ("CUP") to construct and operate a cemetery that would include burial sites, mausoleum crypts and niches, a columbarium and private estates on the property owned in fee by Pamela Nelson (the "Subject Property"), which land is located at 3365 Highway 55 and legally described on Exhibit A attached hereto; and WHEREAS, the CUP application was heard by the planning commission on December 12, 2006 and was sent to the city council for action; and WHEREAS, after the planning commission reviewed the CUP application but prior to the city council taking action, the city received a citizen's petition requesting preparation of an Environmental Assessment Worksheet ("EAW") for the project, which was also filed with the Environmental Quality Board ("EQB") on or about December 12, 2006; and WHEREAS, on January 2, 2007, the city council adopted a resolution accepting the petition and ordered preparation of an EAW; and WHEREAS, because of the EAW preparation, the city council's review of the CUP application was temporarily suspended; and WHEREAS, immediately following the city council ordering preparation of an EAW, city staff notified the Applicants of the city council's decision and instructed them on several occasions to contact the city to commence the EAW preparation; and WHEREAS, the city never received any response from the Applicants and no EAW has been prepared; and WHEREAS, pursuant to Minnesota Rule 4410.1100, the EAW petition remains in effect for no more than one year from the date on which it was filed with the EQB; WHEREAS, since the EAW petition was filed with the EQB on or about December 12, 2006, it is no longer in effect; and Resolution No. 2008-02 January 15, 2008 WHEREAS, the CUP application has not been withdrawn by the Applicants despite requests by the city and therefore must be acted upon by the city council; and WHEREAS, section 826.98, subdivision 2(d) of the city code states that no conditional use permit shall be granted for a cemetery unless all of the specific standards set forth in the section are met; and WHEREAS, one of the specific standards set forth in section 826.98, subdivision 2(d) of the city code is that the maximum lot area for a cemetery is ten acres; and WHEREAS, the lot area for the CUP application for Rising Sun Memorial Park exceeds ten acres. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that the Applicants' request for a CUP to construct and operate a cemetery is hereby denied because the cemetery does not meet one of the specific standards required by the city code. Dated: January 15, 2008 Attest: ,,L__ JodijM. Wunsch, Deputy Clerk 1144, C }) T.M. Crosby, Jr., Mayo I The motion for the adoption of the foregoing resolution was duly seconded by member Wier and upon vote being taken thereon, the following voted in favor thereof: Crosby, Smith, Weir, Johnson, Cavanaugh and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2008-02 January 15, 2008 2 EXHIBIT A Legal Description of Property That part of Government Lot 1 lying Southerly of State Highway No. 55 and West of the East 120 feet thereof. Resolution No. 2008-02 3 January 15, 2008