HomeMy Public PortalAbout2010-009 Resolution Upholding Decision to Deny Permission to Construct Imp. 2590 Keller RdMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2010-09
RESOLUTION UPHOLDING A DECISION TO DENY PERMISSION TO
CONSTRUCT IMPROVEMENTS WITHIN RIGHT-OF-WAY ADJACENT TO
2590 KELLER ROAD AND ORDERING THE REMOVAL OF
CERTAIN IMPROVEMENTS FROM THE PUBLIC MIGHT -OF -WAY
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, on November 19, 2009, the City observed excavation within the public
right-of-way adjacent to 2590 Keller Road (the "Adjacent Property") and also observed a footing
which had been poured by Outdoor Excapes, Inc. (the "Applicant") and verbally ordered the
Applicant to stop construction within the right-of-way; and
WHEREAS, on November 20, 2009 and November 25, 2009 City staff met with the
Applicant to discuss concerns related to permanant masonry structures interfering with the use of
the right-of-way and requested the Applicant to provide a plan to review in order to decide if the
work would be authorized;
WHEREAS, on December 15, 2009, the City discovered that the Applicant had
commenced construction of a pair of 4'x 4' manoonry monument structures and a stairway (the
"Improvements") within the right-of-way in front of the Adjacent Property; and
WHEREAS, on December 15, 2009, the City issued an order to stop work within the
public right-of-way, and to obtain necessary permissions or to remove the violations within ten
days; and
WHEREAS, on December 18, 2009, City staff met with the Applicant and the owner of
the Adjacent Property to discuss concerns related to the Improvements interfering with the use of
the right-of-way. During this meeting, City staff informed the Applicant and the owner of the
Adjacent Property that a request to allow the Improvements to remain within the right-of-way
would be denied and City staff also discussed the procedures to appeal such denial; and
WHEREAS, the Applicant has requested that the City Council hear their appeal of the
denial of permission to allow the Improvements within the right-of-way; and
WHEREAS, on January 4, 2010, the city council reviewed the appeal, evaluated the
information provided by the Applicant and heard testimony from the Applicant and the owner of
the Adjacent Property and invited comments from other interested parties; and
Resolution No. 2010-09
February 3, 2010
WHEREAS, after careful consideration of the the information and testimony, the city
council has made the following findings with regard to the public welfare:
(1) The Improvements are inappropriately located, obstruct the right-of-way, and
interfere with City sanitary sewer, storm sewer, and water infrastruture; and
(2) The Improvements may interfere with maintenance of Keller Road, especially in
relation to snow plowing operations; and
(3)
Granting permission for the Improvements would be detrimental to the application of
right-of-way regulations in other areas of the city; and
(4) The denial of permission to construct the Improvements was necessary to ensure
appropriate use of the public right-of-way; and
(5)
The denial of permission to construct the Improvements was necessary to protect the
right-of-way for lawful purposes and its current use.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MEDINA, MINNESOTA, that permission to construct the Improvements within the
public right-of-way adjacent to 2590 Keller Road was rightly denied and that construction of the
Improvements within the right-of-way was a violation of city ordinances and constitutes a public
nuisance which interferes with and obstructs the right-of-way;
BE IT HEREBY FURTHER RESOLVED that the City Council orders the pair of 4' x 4'
masonry structures and the stairway to be removed from the public right-of-way in their entirety
by June 1, 2010 in order to abate the nuisance and end the violation of relevant regulations.
Dated: February 3, 2010
Attest:
Chad M. Adams, City Administrator -Clerk
7,-ekt
T. M. Crosby, Jr., Mayor
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:
Crosby, Smith, Weir, Siitari
And the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2010-09 2
February 3, 2010