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HomeMy WebLinkAboutResolution 2024-18 Kvam CUP AmendmentCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2024-18 Motion By: Nichols Seconded By: Bottema March 14, 2024 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT MINOR AMENDMENT FOR A DETACHED STRUCTURE FOR ERIC KVAM AT 7200 WILLOW DRIVE (PID 28-119-23-41-0002) (CITY FILE 24-009) WHEREAS, Eric Kvam, the applicant, requests approval of a conditional use permit minor amendment to allow an existing accessory building with a sidewall height of 14 previously approved in the rear yard to be located in the front yard at property legally described as follows: See Attachment A WHEREAS, a conditional use permit to allow the structure with a sidewall height of 14' in the rear yard was originally approved in 1991 (File No. 91-5-3), and; WHEREAS, the Zoning Ordinance requires that conditional use permit amendments that do not constitute a significant change to only be reviewed and approved by the City Council as a minor amendment; and WHEREAS, the City Council reviewed the conditional use permit request at a duly called public meeting, and; NOW, THEREFORE, BE IT HEREBY 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 amendment is approved, in accordance with the application materials received by the City on February 27, 2024. 2. The applicant shall comply with all conditions of the City Engineer's memo dated January 11, 2024. 3. A conditional use permit is approved to allow a 1,456 sq. ft. accessory building with sidewalls of 14 feet in the front yard, based on the finding that that the following conditional use permit standards are satisfied: a. The proposed use shall be in conformance with all City regulations. b. A certificate of survey showing existing structures, septic sites, wells, proposed structures, floodplain, wetlands, and recorded easements was submitted with the application. c. Applicable criteria as outlined in Section 1070.020 (Conditional Use Permits) of the Corcoran Zoning Ordinance are satisfied: i. The conditional use complies with the Comprehensive Plan, including public facilities and capital improvement plans. Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota March 14, 2024 RESOLUTION No. 2024-18 The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental or endanger the public health, safety, morals, or comfort. iii. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood. iv. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. v. Adequate public facilities and services are available or can be reasonably provided to accommodate the proposed use. vi. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. vii. The conditional use and site conform to performance standards as specified by the Zoning Ordinance. d. The building materials standards required by the Zoning Ordinance are satisfied. e. The proposed building will be compatible with surrounding land uses. 4. A certificate of compliance to allow a metal roof and metal siding on this accessory building is approved as part of the conditional use permit. 5. The structure cannot be used for commercial purposes unless t approval of a home occupation and such approval is granted. he applicant applies for City 6. The structure cannot be used as an Accessory Dwelling Unit unless the applicant an approval to allow an Accessory Dwelling Unit and such approval is granted. applies for 7. Prior to release of the land use application escrow, the applicant must complete the following: a. The approving resolution must be recorded at Hennepin County. b. The applicant must provide proof of recording to the City. c. The footprint of the chicken coop structure must be confirmed. i. Should the footprint be at or exceed 200 square feet, an after -the -fact building permit must be applied for, approved, and issued prior to release of the escrow. d. The following setbacks of the chicken coop must be confirmed: 10 age 2 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NU. 2024-18 i. 25 feet from all property lines. ii. 75 feet from neighboring residences. VOTING AYE ® McKee, Tom ® Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean March 14, 2024 VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 14th day of March 2024. ATTEST Miche�ie Friedrich —City Clerk T(�m McKee -Mayor Page 3 of 4 City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2024-18 ATTACHEMENT A March 7 4, 2024 The North 2 of the South 2 of the Northeast %4 of the Southeast %4 of Section Twenty-eight (28). Township One Hundred Nineteen (119) North, Range Twenty-three (23) West of the 5th Principal Meridian, according to the United States Government Survey thereof, subject to rights acquired for public road over the Westerly 33 feet thereof and together with and subject to an easement for roadway over the Easterly 33 feet thereof. Page 4 of 4