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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