HomeMy Public PortalAbout2009-006 Resolution Granting Approval of Preliminary Plat with Variance to Michael Anderson 985 Medina RdMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2009-06
RESOLUTION GRANTING APPROVAL OF PRELIMINARY PLAT WITH VARIANCE
TO MICHAEL ANDERSON FOR PROPERTY
LOCATED AT 985 MEDINA ROAD AND 995 MEDINA ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Michael Anderson and Carolyn Anderson, husband and wife, and Wallace
Anderson (collectively the "Owners") are respectively the owners of property located at 995
Medina Road and 985 Medina Road in Hennepin County, Minnesota (the "Properties"), legally
described in Exhibit A; and
WHEREAS, Michael Anderson (the "Applicant") has requested from the City approval of
a preliminary plat with lot size variance to rearrange the common lot line between the Properties;
WHEREAS, the proposed lot size for Lot 1 is 1.53 acres of contiguous suitable soils rather
than the two acres required by Section 826.25 of the City Code; and
WHEREAS, the Planning Commission held a duly called public hearing on December 8,
2008, where testimony was heard from the Owners, city staff, and other interested parties; and
WHEREAS, the Planning Commission recommended preliminary approval of the plat and
also approval of the variance, subject to certain terms and conditions; and
WHEREAS, the City Council reviewed the application for conformance with city
ordinances on January 6, 2009, considered the recommendations of the Planning Commission and
heard comments from the Owner and other interested parties; and
WHEREAS, the City Council made the following findings with regard to the requested
variance:
(a) The variance is requested because of the size of the existing lot which was created prior
to the existing zoning ordinance;
(b) The literal interpretation of the provisions of the ordinance would prevent the Applicant
from adding property to the small lot in order to decrease the non -conformity of the
existing lot;
(c) The fact that the existing lot is not conforming to current standards is not a result of
actions by the Applicant;
Resolution No. 2009-06
January 20, 2009
(d) Approval of the variance would reduce the level of non -conformity for Lot 1, rather than
confer additional special privileges to the Applicant;
(e) Approval of the variance would reduce the non -conformity of Lot 1 in an effort to
minimize the variance; and
(f) Approval of the variance brings the small lot closer to conformance with lot size
requirements, which supports the purposes of the zoning ordinance; and
WHEREAS, the City Council determined that, contingent upon approval of the requested
variance, the proposed preliminary plat meets the required findings as established under Subd. 10 of
Section 820.21 of the City Code.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MEDINA, MINNESOTA, that it should and hereby does grant preliminary
approval for the plat and also does hereby approve a variance to the lot size requirements of Section
826.25 of the City Code, subject to the following conditions:
1. Preliminary approval is granted for a plat which rearranges the property lines between the
Properties. A variance is also approved to reduce the required area of contiguous suitable
soils of proposed Lot 1 to 1.53 acres.
2. Within six months after final plat approval, the existing shed located to the east of the sport
court shall be moved to a location which meets setback requirements or shall be removed
from the Properties;
3. The Owners of the Properties shall execute and record easement and maintenance
agreements, in a form acceptable to the city attorney, with regard to the shared driveway;
4. The owner of Outlot A shall execute and record a covenant, in a form acceptable to the city
attorney, which prevents the sale of Outlot A as a stand-alone parcel.
5. The Owners recognize that the existing accessory structures on both proposed lots do not
meet the required setback for animal structures within the zoning ordinance and that the
structures shall not be used to house, exercise, or accommodate animals;
6. Prior to final plat approval, the Applicant shall identify a suitable alternative septic site for
Lot 2 which meets all ordinance requirements;
7. The final plat shall dedicate drainage and utility easements per the requirements of the city
engineer;
8. The Applicant shall meet the requirements of the city attorney with regards to title evidence;
9. Approval of this preliminary plat does not include approval of construction or grading
operations. The Owners shall abide by permitting procedures, and grading, erosion control,
Resolution No. 2009-06 2
January 20, 2009
and construction plans shall be reviewed for compliance with relevant regulations and the
conditions set forth herein;
10. The final plat shall abide by the requirements of the Elm Creek Watershed District and
Hennepin County;
11. The application for final plat must be submitted to the City within 180 days of preliminary
plat approval or the preliminary plat shall be considered void, unless a written request for
time extension is submitted by the applicant and approved by the City Council; and
12. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the application and related documents.
Dated: January 20, 2009
ATTEST:
4-4 174
Chad M. Adams, City Administrator -Clerk
I.
T.M. Crosby, Jr., Ma ov7
The motion for the adoption of the foregoing resolution was duly seconded by member Weir and
upon vote being taken thereon, the following voted in favor thereof:
Smith, Weir, Crosby, Siitari
And the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2009-06 3
January 20, 2009
EXHIBIT A
Legal Descriptions of the Properties
995 Medina Road — Michael and Carolyn Anderson Parcel
That part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 118 North,
Range 23 West of the 5th Principal Meridian, described ss follows: Commencing at the Northwest
comer of said Southeast Quarter of the Southeast Quarter, thence on an assumed bearing of
South 0 degrees 06 minutes East along the West line of said Southeast Quarter of the Southeast
Quartet a distance of 198.68 feet to the Southeastertl+ fine of Medina Road (as ourrentty
occupied, and the point of beginning of the lend to be described; thence Northeasterly 18925
feet along a non -tangential curve concave to the Northwest having a nedus of 1766.00 feet and
central angle of 6 degrees 04 minutes 16 seconds, the chord of said curve beers North 50
degrees 06 minutes 46 seconds East for 189.16 feet, said curve also being the Southeasterty line
of said Medina Road; thence North 47 degrees 04 minutes 40 seconds East tangent to said curve
and continuing along the Southerty line of said Medina Road a distance of 30.75 feet; thence
South 42 degrees 55 minutes 20 seconds East 150.00 feet; thence South 47 degrees 04 minutes
40 seconds West 367.94 feet to said West line of the Southeast Quarter of the Southeast
Quarter, theme North 0 degrees 06 minutes West along said West Nne to the point of beginning.
985 Medina Road Wallace Anderson Parcel
The Southeast Quarter of the Southeast Quarter of Section 14, Township 118 North, Range 23
West of the 5th Principal Meridian, EXCEPT that hart of said Southeest Quarter of the Southeast
Quarter described as follows:
Commencing at the Northwest comer of said Southeast Quarter of the Southeast
Quartet; thence on an assumed bearing of South 0 degrees 06 minutes East along the
West Nne of said Southeast Quarter of the Southeast Quarter a distance of 191l.t38 feet to
the Southeaaterty One of Medina Road (as currently occupied); thence Northeaster*
169.25 feet along a non -tangential curve concave to the Northwest having a radius of
1706/00 feet and central angle of 6 degrees 04 minutes 16 seconds, the chord of said
curve bears North 50 degrees 06 minutes 48 seconds East for 189.16 feet, said curve
also being the Southeastertsr Nne of said Medina Road; thence North 47 degrees 04
minutes 40 seconds East tangent to said curve and continuing along the Southerly line of
geld Medina Road a distance of 30.75 feet; thence South 42 degrees 55 minutes 20
seconds East 150.00 feet; thence Swath 47 degrees 04 minutes 40 seconds West 367.94
feet to sold West line of the Southeast Quarter of the Southeast Quarter; theme North 0
degrees 06 tninutes West along said West line to the point of beginning.
Resolution No. 2009-06
January 20, 2009
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