HomeMy Public PortalAbout2008-046 Resolution Granting Approval of CUP With Variance to Greenwood Stables LLC 1982 Hamel RoadMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2008-46
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
WITH A VARIANCE TO GREENWOOD STABLES, LLC FOR CONSTRUCTION
OF AN ACCESSORY STRUCTURE LOCATED AT 1982 HAMEL ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Greenwood Stables, LLC (the "Applicant") is owner of property located at
1982 Hamel Road in Hennepin County, Minnesota (the "Property"), legally described in Exhibit
A, attached hereto; and
WHEREAS, the Applicant has requested approval from the City to construct an
accessory structure with a footprint of 18,740 square feet at the Property; and
WHEREAS, the City's zoning ordinance requires a conditional use permit under such
circumstances; and
WHEREAS, the proposed accessory structure exceeds the building height of the
principal structure on the property; and
WHEREAS, the City's zoning ordinance requires that no accessory structure shall
exceed the height of the principal structure; and
WHEREAS, the Applicant has warranted that the proposed structure is to be utilized for
their private use and enjoyment and that no fee- or barter -based boarding, training, storage, or
other commercial activities will occur within the proposed structure; and
WHEREAS, the Planning Commission held a duly called public hearing on May 13,
2008, and reviewed the application on May 13, 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 a conditional use
permit with a height variance, subject to certain terms and conditions, and
WHEREAS, the City Council reviewed the application for conformance with city
ordinances on June 17, 2008, considered the recommendations of the Planning Commission and
heard comments from the Applicant and other interested parties,
Resolution 200846
July 1, 2008
WHEREAS, the City Council has made the following findings of fact with regard to the
variance requested by the Applicant:
1) The Applicant has demonstrated a hardship because the building height of the existing
single family home on the Property limits the Applicant's ability to construct an
accessory structure which could be constructed on other properties within the same
zoning district on which taller single family homes are located;
2) The Applicant had no control over the height of the existing single family home on the
property, and these circumstances do not result from the actions of the Applicant;
3) The proposed variance will not confer special privileges to the Applicant that are denied
owners of other property which within the rural residential zoning district on which
taller homes have been constructed; and
4) The requested variance is minimized because the building height of the proposed
accessory structure is 22.5 feet, significantly lower than the 30 feet maximum height
that is allowed on properties on which taller single family homes are located.
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
Greenwood Stables, LLC for construction of an accessory structure with a maximum footprint of
18,740 square feet in size, subject to the following conditions:
1) The structure shall be constructed in substantial conformance with the plans received by
the City on May 27, 2008 except as otherwise noted within this resolution;
2) The Applicant shall warrant that the proposed accessory structure is for private use only,
and that no commercial and/or fee -based activities shall occur;
3) The gross distance from grade to the peak of the structure shall not exceed 28 feet;
4) The building height of the accessory structure shall not exceed 22.5 feet;
5) The Applicant shall submit a plan acceptable to the City with regards to manure
management, containment, and disposal. The plan shall include an alternative disposal
plan in the case that spreading no longer is possible. The Applicants and future owners
shall be responsible for abiding by this approved manure management plan;
6) The Applicant shall install a concrete manure containment area to contain a volume of
2,900 cubic feet of manure;
7) Manure must be disposed of in a way consistent with Minnesota Pollution Control
Agency rules at least one time every three months;
8) 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 maximum animal unit intensity described below. Based on the
proposed plans received by the City on May 27, 2008, the Property includes 15.5 grazable
acres. This amount is determined by excluding existing hardcover and the potential
wetland area along the northern property line, and may change over time if the amount of
hardcover on the parcel is altered, or if the potential wetland area on the north is
delineated and determined to be smaller;
Resolution 2008-46 2
July 1, 2008
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.
9) Plans submitted and approved by the City do not propose human dwelling as a use and do
not meet regulations for such a use;
10) The Applicant shall install an infiltration basin or some similar best management practice
to capture runoff from the proposed structure and to improve stormwater quality;
11) The Applicant shall install and maintain fencing in order to prevent grazing within the
wetlands on the property;
12) The Applicant shall plant trees adjacent to the proposed structure and adjacent to Hamel
Road, which shall meet the same requirements of replacement trees as described by the
City's tree preservation ordinance. City staff shall review and approve of the landscaping
plan before a building permit is issued for the structure;
13) The Applicant shall install permanent fencing to protect the septic site;
14) The Applicant shall demolish the existing 16,300 S.F. structure and restore the location to
a pervious land cover within 30 days of completion of the proposed structure;
15) The Applicant shall abide by permitting requirements and the conditions described by the
Building Official letter dated May 29, 2008 and the City Engineer letter dated June 3,
2008; and
16) The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the variance and conditional use permit applications.
BE IT FURTHER RESOLVED that the City does hereby grant approval of a variance
permitting the building height of the accessory structure to exceed the building height of the
principal structure on the Property, subject to the same terms and conditions above.
Dated: July 1, 2008
Attest:
Chad M. Adams, City Administrator -Clerk
Resolution 2008-46
July 1, 2008
3
T.M. Crosby, Jr., May
The motion for the adoption of the foregoing resolution was duly seconded by member Weir
upon vote being taken thereon, the following voted in favor thereof:
Crosby, Smith, Weir, Cavanaugh, Johnson
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution 2008-46 4
July 1, 2008
Exhibit A
Legal Description of Subject Property
The West Half of the Northwest Quarter of the Southeast Quarter
of Section 10, Township 118 north, Range 23 West of the 5th
Principal Meridian.
Resolution 2008-46 5
July 1, 2008