HomeMy Public PortalAbout2009-019 Resolution Granting Approval of Final Plat with Variance for Green Pastures FarmMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2009-19
RESOLUTION GRANTING APPROVAL OF FINAL PLAT WITH VARIANCE FOR
GREEN PASTURES FARM, LOCATED SOUTH OF MEDINA ROAD
AND EAST OF TAMARACK DRIVE
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, the Owners applied to the City for approval of a plat which rearranges the
common lot lines between the Properties; and
WHEREAS, the city council granted preliminary approval of the plat, to be known as
"Green Pastures Farm," on January 20, 2009, subject to certain terms and conditions; and
WHEREAS, on January 20, 2009 the city council also granted approval of a variance to
reduce the required area of contiguous suitable soils of proposed Lot 1 to 1.53 acres, subject to
certain terms and conditions; and
WHEREAS, the Owners have provided a final plat document consistent with those terms
and conditions; and
WHEREAS, on April 7, 2009, the city council reviewed the final plat for its
conformance with the City's ordinances and the terms and conditions of preliminary approval,
considered the recommendations of staff and heard comments from interested parties.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MEDINA, MINNESOTA, that approval be granted to the Owners for the final plat
of Green Pastures Farm, subject to the following terms and conditions:
1. A plat is approved to rearrange the common lot lines between the properties in
accordance with the plat received by the City on February 10, 2009, except as amended
by the City Council;
2. Within six months of the date of this resolution, the Owners shall move the existing shed
located to the east of the sport court to a location which meets setback requirements or
Resolution No. 2009-19
April 7, 2009
remove the shed from the Properties. The Owners shall submit to the City a financial
guarentee which shall be released after the shed is moved. If the Owners fail to comply
with this condition, the City shall have the right to enter the Properties and to remove the
shed. The financial guarentee shall be utilized to reimburse the cost of such action.
3. The Owners shall meet the requirements of the plat opinion issued by the City Attorney
on January 22, 2009;
4. The Owners of the Properties shall record easement and maintenance agreements, in a
form acceptable to the city attorney, with regard to the shared driveway;
5. 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.
6. The Owners shall identify a suitable alternative septic site for Lot 2 which meets all
ordinance requirements prior to the City signing and allowing the plat to be recorded;
7. 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;
8. The final plat shall be filed with Hennepin County Recorder within 120 days of the date
of the city council resolution granting final approval or the final plat shall be considered
void, unless a written request for time extension is submitted by the Applicant and
approved by the city council; and
9. The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the final plat and related documents.
Dated: April 7, 2009
Attest:
Chad M. Adams, City Administrator -Clerk
T. M. Crosby, Jr., Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Smith
and upon vote being taken thereon, the following voted in favor thereof:
Weir, Smith, Crosby
And the following voted against same: (Absent: Johnson & Siitari)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2009-19 2
April 7, 2009
EXHIBIT A
Legal Descriptions of the Properties prior to plat
995 Medina Road — Michael and Carolyn Anderson Parcel
That part of the Southeast Quertler of the Southeast Quarter of Section 14, Township 116 North,
Renee 23 West of the 5th Principal Meridian, described as 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 Writ line of said Southeast Quarter of the Southeast
Quarter a distance of 198.68 feet to the Southeasterly fine of Medina Road (as currently
occupied), and the point of beginning of the lend to be described; thence Northeasterty 18925
feet along a non -tangential cove concave to the Northweet having c redus of 1786.00 feet and
central angle of 6 degrees 04 minutes 16 seconds, the chord of said curve beere North 50
degrees 06 minutes 48 seconds East for 189.16 feet, said curve also being the Southeasterly line
of said Medina Rood; thence North 47 degrees 04 minutes 40 t,econds East tangent to said curve
and continuing along the Southeasy fine of said Medins Road a distance of 30.75 feet; thence
South 42 degrees 55 minutes 20 seconds East 150.00 feet: thence South 47 degrees 04 minutet
40 seconds West 387.94 feet to said West line of the Southeast Quartet of the Southeast
Quarter; thence North 0 degree: 06 minutes West along said West line to the point of beginning,
985 Medina Road — Wallace Anderson Parcel
The Southeast Quartet of the Southeast Quarter of Section 14, Township 118 North, Range 23
West of the 5th Principal Meridian, EXCEPT that part of said Southeast Quarter of the Southeast
Quarter described as follows:
Commencing at the Northwest comer of said Southeast Quartet of the Southeast
Quartet; thence on an assumed bearing of South 0 degrees 06 minutes Fast along the
West fine of said Southeast Quarter of the Southeast Quarter a distance of 198.68 feet to
the Southeasterly line of Medina Road (so currently occupied); thenoe Northeaster*
18925 feet along a non -tangential aurae concave ba the Northwest having a radka of
1706l00 feet and cartes' angie of 6 degrees 04 minutes 16 seconds, the chord of said
curve bean North 50 degrees 06 minutes 48 seconds East for 189.16 feet, said curve
also being the Southeasterly line of said Medina Road; thence North 47 degrees 04
minutes 40 seconds East tangent to saki curve and continuing along the Southerly fine of
said Medina Road a distance of 30.75 feet; thence South 42 oepreess 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; thence North 0
degrees 06 minutes West along saki West One to the point of beginning.
Resolution No. 2009-19 3
April 7, 2009