HomeMy Public PortalAbout2008-021 Resolution Granting Approval of CUP to Abdish & Mary Bhavsar for 2105 Chestnut RoadMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2008-21
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
TO ABDISH AND MARY BHAVSAR FOR CONSTRUCTION OF AN ACCESSORY
STRUCTURE LOCATED AT 2105 CHESTNUT ROAD
WHEREAS, Abdhish and Mary Bhaysar ("Applicants") have requested approval from
the City of Medina ("City") of a conditional use permit to construct an accessory structure with a
footprint of 8,400 square feet at the 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 reviewed the request at duly called public
hearings on February 12, 2008 and March 11, 2008, and the Planning Commission recommended
approval thereof, subject to certain terms and conditions, and
WHEREAS, the City Council reviewed the application for conformance with city
ordinances on April 1, 2008, 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 it should, and hereby does grant approval of a conditional use permit to Abdhish
and Mary Bhaysar subject to the following conditions:
1) The Applicants hereby warrant that the building proposed is for private use only, and
that no commercial and/or fee -based horse boarding or training, storage or other
activities shall occur;
2) This conditional use permit allows construction of an accessory structure with a
maximum footprint of 8,400 sq. ft. in the general location shown on the plans received
February 29, 2008;
3) The accessory building shall be consistent with the architectural plans submitted to the
City, date stamped March 25, 2008 except for as noted within these conditions of
approval. The building shall incorporate a larger 10-inch wide siding material; a larger
fascia line or materials; and the roof shall be painted with a dark, matte finish to
eliminate any reflected sunlight.
4) The Applicants shall submit a wetland delineation acceptable to the City Engineer, and
apply for a review pursuant to Wetland Conservation Act rules;
5) No portion of the accessory structure, including canopies, overhangs, support columns,
crushed gravel surfacing or any other improvements may be closer than 25-feet from the
edge of the delineated wetland;
Resolution No. 2008-21
May 6, 2008
6) The Applicants shall abide by wetland protection regulations in place at time of building
permit application;
7) The Applicants shall obtain all necessary permits, including a permit to demolish the
existing shed as described on the plans received February 29, 2008;
8) Plans submitted and approved by the City do not propose human dwelling as a use and
do not meet regulations for such a use;
9) The Applicants shall install and maintain fencing in order to prevent grazing within the
wetlands on the property;
10) The Applicants shall submit a plan acceptable to the City with regards to manure
management, containment, and disposal. The Applicants and future owners shall be
responsible for abiding by this approved manure management plan;
11) The Applicants shall plant the eight -foot trees as identified on the site plan in order to
provide additional screening of the structure. No more than 25% of these trees shall be
of a single species. The applicants shall submit a landscape plan that clearly illustrates
and reflects the location and variety of tree species to be planted, with said plan to be
reviewed and approved by the City Planning Director.
12) The Applicant and all future owners of the subject property shall comply with any future
livestock intensity standards as established by the City. Until such time, the applicant
shall comply with the following animal unit intensity ratio:
Animal Units
Animal Species
Minimum Grazable Acres per
Animal Unit
Horse
1
Cow
1
Llama
0.5
Goat
0.5
Sheep
0.5
Pony
0.5
Domestic Fowl
0.01
Other animals not listed above
1 unit per 1000 lbs.
13) The Applicants shall abide by all regulations of the Section 828.43 regarding tree
preservation;
14) All exterior lighting shall be fully shielded on all sides except the bottom so that no light
can be seen from adjacent properties or right-of-way and abide by all regulations of
Section 829;
15) If the area disturbed by grading is greater than one acre in area, the Applicants shall
present the city with a Storm Water Pollution Prevention Plan (SWPPP) and also proof
that the SWPPP was approved by the Minnesota Pollution Control Agency;
16) The proposed access drive to the structure shall meet the standards set by the Fire
Marshal; and
17) The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the Conditional Use Permit application.
Resolution No. 2008-21 2
May 6, 2008
Dated: May 6, 2008
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
upon vote being taken thereon, the following voted in favor thereof:
Crosby, Weir, Johnson
and the following voted against same: (Absent: Cavanaugh) (Abstained: Smith)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2008-21 3
May 6, 2008
Exhibit A
PROPERTY DESCRIPTION OF RECORD:
The South Hell of the South Half of the Northwest Quarter except the West 133100 feet
thereof and except the North 3100 feet thereof, together with an easement for driveway
purposes over the North 33.00 feet of the South Hoff of the South Holf of the Worthwest
Quarter, all in Section 15, Township 118, Range 21 Nest of the 5th Principal Meridian.
AND:
That port of the West 66.00 feet of the South Half of the Southwest quarter of the
Northeast Quarter lying South of the North 33.00 feet thereof, together with on easement
for driveway purposes over the North 33.00 feet of the Hest 66.00 feet of the South Half
of the Southwest Quarter of the Northeast Quarter, all in Section 15, Township 114
Range 23, West of the 5th PrincOal Meridian.
Resolution No. 2008-21 4
May 6, 2008