HomeMy Public PortalAbout2008-041 Resolution Approving Amended CUP for Operation of Commercial Horse Facilityi(
Member Weir introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2008-41
RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR
OPERATION OF A COMMERCIAL HORSE FACILITY AND
TO ALLOW 31,250 SQUARE FEET OF ACCESSORY STRUCTURES
TO BILL AND DIANE NUNN
FOR PROPERTY LOCATED AT 2825 WILLOW DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Bill and Diane Nunn (the "Applicants") are the owners of property located at
2825 Willow Drive in Hennepin County, Minnesota (the "Property"), legally described in Exhibit
A, attached hereto; and
WHEREAS, on April 20, 1999, the City adopted resolution 99-26, granting amended
conditional use permit approval to the Applicants which permitted a maximum of three accessory
structures to be located on the Property with a maximum aggregate footprint of 26,250 square feet,
and approved operation of a commercial horse facility on the Property, subject to certain terms and
conditions; and
WHEREAS, the Applicants have requested approval to construct an addition with a
footprint of 3,248 square feet to one of the three existing accessory structures on the Property; and
WHEREAS, Section 825.19 of the City's zoning ordinance requires approval of a
conditional use permit in such circumstances; and
WHEREAS, the Applicants propose no intensification of the existing commercial horse
facility, which is no longer a permitted or conditional use within the rural residential district; and
WHEREAS, the Applicants have warranted that the proposed addition is to be utilized for
their private use and enjoyment and that no commercial activities or activities related to the
commercial horse facility will take place within; and
WHEREAS, the Planning Commission held a duly called public hearing on April 8, 2008
and reviewed the application on April 8, 2008, and June 10, 2008 where testimony was heard from
the Applicant, city staff, and other interested parties; and
WHEREAS, the Planning Commission recommended approval of the application, subject
to certain terms and conditions; and
Resolution No. 2008-41
June 17, 2008
WHEREAS, the City Council reviewed the application on June 3, 2008 for conformance
with the ordinances of the City, considered the recommendation of the Planning Commission, and
heard comments from the Applicant, city staff, and other interested parties.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MEDINA, MINNESOTA, that it should and hereby does grant amended
conditional use permit approval to the Applicants, subject to the following conditions:
1) The maximum number of horses permitted to be housed at the stable, including the paddock
and stable areas, shall not exceed 50 horses. Up to an additional five horses may be
permitted at the stable for lessons on a daily basis;
2) The total number of accessory structures located on the Property may not exceed three and
they may not exceed an aggregate size of 31,250 square feet. A non-structural tent to house
horses is also allowed, but may not exceed 1,100 square feet;
3) The two holding tanks servicing the restrooms in the barn must be pumped out on a regular
basis and the Applicant shall install warning lights on them;
4) The city must be notified at least two weeks prior to any special event held at the
commercial horse facility. For the purposes of this permit, "special event" means any
activity which is expected to attract 25 or more persons to the site, but excluding any family
events or gatherings. Additional sanitary services must be provided for special events. The
city may impose additional conditions and restrictions to minimize the impact of special
events on surrounding properties;
5) All manure must be removed from the stable at a minimum of once every three months.
The Applicants must also enter into and provide the city with a written agreement governing
the off -site disposal of manure and provide documentation of disposal upon request;
6) The Applicants shall grade the site, consistent with the recommendations of the University
of Minnesota Extension Service and as approved by the City, in a way which directs runoff
from the hard surfaces on the property away from the manure containment area prior to
November 30, 2008. The applicant shall submit as as -built survey verifying the completed
work by November 30, 2008, and must maintain these drainage patterns to the satisfaction
of the City;
7) The Applicants shall construct a concrete manure containment area, the design of which
shall be consistent with the recommendations of the University of Minnesota Extension
Service and as approved by the City, prior to November 30, 2008;
8) The Applicants shall install runoff retention and vegetative infiltration, consistent with the
recommendations of the University of Minnesota Extension Service and as approved by the
City, down slope from the manure containment area prior to November 30, 2008. The
vegetation adjacent to the wetland shall be subject to the city's wetland protection
ordinance;
9) The Applicants shall not occupy or utilize the proposed addition to the carousel building
until the plans required in conditions 6, 7, and 8 above have been approved by the City;
10) The Applicants shall install appropriate temporary measures to prevent runoff from the
Resolution No. 2008-41 2
June 17, 2008
existing manure stockpile until such time as the permanent manure containment practices
are in place;
11) The hours of operation of the horse stable and use of the carousel in the accessory structure
may not exceed 9:00 a.m. to 9:00 p.m., seven days a week;
12) The Applicants must post the Medina Horse Owner's Association Rules in a location
accessible to all persons using the stable, and shall ensure that activities on the site are
consistent with these rules;
13) The Applicants must be responsible for informing and controlling the customers using the
stable to prevent trespassing on adjoining property;
14) The Applicants must comply with all provisions of the Medina zoning ordinance;
15) No more than three full-time employees shall be permitted at the stable;
16) There shall be no outside storage except for licensed vehicles and a manure spreader, which
shall be screened from public view;
17) Any signs which the Applicants may construct must comply with the requirements of the
Medina sign ordinance for Rural Residential districts;
18) There shall be no outside public address system;
19) The Applicants must install and maintain fencing adequate to contain the horses in a secure
manner, and to keep horses out of wetlands;
20) There shall be no living quarters in the barn or stable;
21) Any change in the number or size of accessory buildings on the Property will require
consideration of an amended conditional use permit;
22) The 12' x 36' structure on the north side of the existing building maybe enclosed at the
Applicant's option;
23) The Applicants shall warrant that the carousel building is for private use only, and that no
commercial and/or fee -based activities shall occur.
24) The Applicants recognize that the carousel building does not meet animal structure setback
requirements and that no such uses shall occur within the structure.
25) The Applicants shall differentiate the exterior building materials of the south and east
elevations of the carousel building addition and install decorative fence as described by the
rendering received May 1, 2008. Building plans shall be fully scalable when submitted for
building permit;
26) The Applicants shall install and maintain landscaping along the east side of the carousel
structure in order to break up the appearance of the structure from Willow Drive. The
Applicant shall submit a landscaping plan which shall include additional native deciduous
trees which meet the same requirements of replacement trees as described by the City's tree
preservation ordinance. The landscaping plan shall be approved by City staff prior to a
building permit being issued for the proposed carousel building addition;
Resolution No. 2008-41 3
June 17, 2008
27) The Applicants shall receive all necessary permits by the City, Minnehaha Creek Watershed
District, and any other agency with jurisdiction. The Applicants shall meet the conditions of
the Building Official and Fire Marshal with regards to the proposed addition;
28) The City may enter the property for the purposes of periodic review of compliance with the
conditions of this resolution;
29) Violation of any term or condition of this conditional use permit shall be deemed to be a
violation of the city's zoning ordinance and shall be grounds for revocation of this permit;
and
30) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the amended Conditional Use Permit application.
BE IT HEREBY FURTHER RESOLVED that this resolution supersedes previous conditional
use permit approvals granted to the Property and that resolution 99-26 be hereby declared null and
void;
Dated: June 17, 2008
T.
ATTEST:
.--
Chad M. Adams, City Administrator -Clerk
M. Crosby, Jr., M r
The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh
upon vote being taken thereon, the following voted in favor thereof:
Crosby, Smith, Weir, Cavanaugh
and the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2008-41 4
June 17, 2008
Exhibit A
Legal Description of the Property
That part of the South 660 feet of the East 991
feet of the Southeast quarter of the Northeast
quarter of Section 16, Township 118 North, Range
23 West of the 5th Principle Meridian, lying West of the following described lime; Beginning
at a point on the East line of said Southeast
quarter of the Northeast quarter distant 895
feet North from the Southeast corner of said
Southeast quarter of the Northeast quarter; thence
South -,along said East line a distance of 100 feet,
thence along a tangential curve to the right having
a radius of 575 feet and central angle of 38
degrees 20 minutes a distance of 354.7 feet;
thence Southwesterly _tangent to said curve to the
South lime of the Southeast quarter of the Northeast
quarter, and there ending.
Resolution No. 2008-41
June 17, 2008