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December 12, 2006, it is no longer in effect; and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WHEREAS, the CUP application has not been withdrawn by the Applicants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