Loading...
HomeMy WebLinkAboutResolution 2022-141 Vollrath CUPCity of Corcoran County of Hennepin State of Minnesota RESOLUTION INU. 2®22-141 Motion By: Schultz Seconded By: Nichols November 21, 2022 APPROVAL OF A CONDITIONAL USE PERMIT FOR THE PROPERTY ADJACENT TO 22903 STREHLER ROAD (PID 20-119-23-22-0003) (CITY FILE NO. 22-038) WHEREAS, Trent Vollrath, the applicant, requests approval of a Conditional Use Permit to allow for construction of an agricultural accessory building as a principal use on the subject property legal described as follows: SEE A TTACHMENT A WHEREAS, the applicant also requests Certificates of Compliance for the following features: a. A total accumulated accessory structure footprint of 10,760 squarefeet. b. A sidewall height of 18 feet for an accessory structure built in the front yard. c. Use of metal roofing and metal siding as building materials. WHEREAS, the Planning Commission reviewed the conditional use permit at a duly called public hearing; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request, subject to the following findings and conditions, 1. A Conditional Use Permit is approved to allow for the construction of an agricultural accessory structure as shown on the building plans received JUIy 13, 2022, the survey received on August 24, 2022, and as otherwise amended in this Resolution. 2. The applicant must comply with the Engineering Memo dated October 24, 2022. 3. A Certificate of Compliance to allow an accessory structure footprint of 10,760 square feet is approved as part of the Conditional Use Permit subject to the following conditions: a. The certificate of survey must be revised to reflect the certified wetland boundary after completion of the wetland delineation application with the City. b. The applicant must sign an affidavit testifying the building will be used for agricultural purposes only. 4. A Certificate of Compliance to allow an accessory structure sidewall height of 18 feet in the front yard is approved as part of the Conditional Use Permit. The total building height cannot exceed 35 feet. 5. A Certificate of Compliance to allow metal siding and a metal roof on this accessory building is approved as part of the Conditional Use Permit. The building materials must comply with Section 1060.050, Subd. 1(D)(3) of the Zoning Ordinance, Page 1 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION INUm 2022-141 November 27, 2022 6. A Conditional Use Permit to allow an agricultural accessory building as a principal use is approved, subject to the following findings outlined as specific criteria in Section 1030.020, Subd. 4(J): a. The proposed accessory structure is in conformance with all City Regulations. Accessory structures and agriculture are permitted uses in the Rural Residential District, and the proposed plans significantly comply with standards for accessory structures as outlined in Section 1030.020 of the Zoning Ordinance. b. The applicant submitted a certificate of survey and wetland delineation application that provide most of the necessary information to evaluate his request. A condition of approval is included in this Resolution to require a revised survey that incorporates the newly delineated wetland boundary and the floodplain in order to satisfy this standard. c. The building materials meet the standards required in Section 1070.020 with the approval of a Certificate of Compliance. d. The applicant provided proof of ownership reflecting an ownership interest in the subject property as well as the adjacent farmstead at 22903 Strehler Road. e. The agricultural building will be used for agricultural purposes only. The applicant is required to sign an affidavit that testifies the building will only be used for agricultural purposes. 7. A Conditional Use Permit to allow an agricultural accessory building as a principal use is approved, subject to the following findings outlined as general criteria in Section 1070.020 (Conditional Use Permits) of the Corcoran Zoning Ordinance: a. The proposed use complies with the Comprehensive Plan. The structure is consistent with the Rural/Ag Residential land use designation and maintains the desired rural character of the area. b. The establishment of the conditional use will promote and enhance the general public welfare. Granting the Conditional Use Permit for the new structure will allow for the orderly containment of the applicant's farm equipment and livestock. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity. The structure meets or exceeds a large setback of 100' from all property lines to soften the impact of the structure to surrounding properties. Containment of farming equipment and livestock is necessary to the enjoyment of surrounding properties, and the accessory structure is unlikely to lead to an injurious impact or diminish property values. d. The establishment of the conditional use will not impede the normal and orderly development of surrounding property uses permitted in the district. e. Municipal sewer and water are not available to the site and are not required to accommodate the proposed use. Page 2 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION No. 2022-141 November 21, 2022 f. The conditional use conforms to the applicable regulations of the Rural Residential district. g. Conditions in this resolution will ensure the conditional use and site conform to the accessory structure ordinance. Staff found that the building conforms to all other performance standards specified in the Zoning Ordinance and City Code as required by Section 1070.020. 8. The accessory structure cannot be used for personal storage or commercial purposes other than agriculture. 9. The building must be constructed above the flood protection elevation in accordance with regulatory standards. a. If fill is placed below the provided onsite, or the b to the floodplain. floodplain elevation, compensatory storage must be 10. The subject property must continue to be used for agriculture in tandem with the farmstead at 22903 Strehler Road. 11. FURTHER, the following conditions must be met prior to commencing construction of the building and release of the escrow account on file with the City: a. A revised survey must be submitted that addresses the following: i. The final wetland boundary as approved by BWSR. ii. Floodplain must be indicated on the survey. iii. Identification of the flood protection elevation. iv. The intended driveway expansion to serve the proposed overhead doors of the building. b. Revised building plans must be submitted that reflect the proposed building materials. c. The applicant must sign an affidavit testifying that the building will only be used for agricultural purposes. d. The formal wetland delineation process must be complete. i. If the location of the certified wetland boundary differs fr site plans, the site plan and grading plan must be modifi grading remains outside of the wetland, om the submitted ed to ensure e. Work completed within the floodplain as reflected on the proposed plans must be reviewed and approved by the Watershed Management Organization. f. The applicant/landowner must record the approving resolution at Hennepin County and provide proof of recording to the City. Page 3 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2022-141 November 27, 2022 12. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and the required improvements. The applicant can apply for an additional time extension of up to one year as allowed by Section 1070.020, Subd.7(A) of the Zoning Ordinance. VOTING AYE ® McKee, Tom ❑ Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean VOTING NAY U McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 21 St day of November, 2022. ATTEST: Miche Friedrich — City Clerk Tim McKee -Mayor City Seal Page 4 of 5 City of Corcoran County of Hennepin State of Minnesota REOULU I I®N No. 2®22m141 Attachment A November 27, 2022 That part of the Wesf Half of the Northwest Quarter of Section 20, Township 119, Range 23, Hennepin County, Minnesota, lying South of the North 700.00 feet thereof. That part of the North 700.00 feet of the Wesf Half of the Northwest Quarter of said Section 20, lying West of the East 660.00 feet thereof. Page 5 of 5